Ending of the endless in Afghanistan: gauging the responsibility of the USA in international law

2022 ◽  
Vol 8 (2) ◽  
pp. 1
Author(s):  
Simran Upadhyaya ◽  
Atul Alexander
Keyword(s):  
International Law ◽  
The Usa

scholarly journals Selling international law enforcement: Elite justifications and public values

2020 ◽  
Vol 7 (3) ◽  
pp. 205316802095678
Author(s):  
Melissa M. Lee ◽  
Lauren Prather
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Public Support ◽  
International Order ◽  
Third Party ◽  
Public Values ◽  
Norm Enforcement ◽  
The Usa ◽  
The Law ◽  
Order Increase

International law enforcement is an understudied but indispensable factor for maintaining the international order. We study the effectiveness of elite justifications in building coalitions supporting the enforcement of violations of the law against territorial seizures. Using survey experiments fielded in the USA and Australia, we find that the effectiveness of two common justifications for enforcement—the illegality of a country’s actions, and the consequences of those actions for international order—increase support for enforcement and do so independently of two key public values: ideology and interpersonal norm enforcement. These results imply elites can build a broad coalition of support by using multiple justifications. Our results, however, highlight the tepidness of public support, suggesting limits to elite rhetoric. This study contributes to the scholarship on international law by showing how the public, typically considered a mechanism for generating compliance within states, can impede or facilitate third-party enforcement of the law between states.

U.S. Emissions Trading and what it can teach us for a Post-Kyoto World

2021 ◽  
Author(s):  
Fabian Krause
Keyword(s):  
International Law ◽  
Emissions Trading ◽  
Basic Research ◽  
Point Of View ◽  
The European Union ◽  
Trade Data ◽  
Trading Systems ◽  
Republic Of China ◽  
Economic Fundamentals ◽  
The Usa

Major CO2 emitters such as individual states of the USA, the People's Republic of China and the European Union continue to rely on emissions trading systems to reduce CO2 emissions. Against this background, this thesis examines four emissions trading systems in the USA. For this purpose, the legal and economic fundamentals of emissions trading are presented in detail. Subsequently, emissions trading systems are analyzed from an economic as well as a legal point of view based on criteria defined for this purpose and the results are embedded in the context of national and international law. For this purpose, the author conducts extensive basic research by processing the available emissions and trade data.

scholarly journals “Judicial Convention” as a New Stage in the Recognition and Enforcement of Foreign Judgments

Lex Russica ◽  
2019 ◽  
pp. 84-103
Author(s):  
O. F. Zasemkova
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Treaties ◽  
Draft Convention ◽  
The Usa ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
The Hague ◽  
The Impact ◽  
The Eu

In May 2018, at the 4th and final meeting of the Special Commission of the Hague Conference on Private International Law, the draft Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters that had been developed since 1992 was represented. It is expected that after the Diplomatic Session that will be held in the mid-2019 the draft will be finalized and the Convention will be adopted and opened for signature.In this regard, the article attempts to analyze the main provisions of the draft Convention and assess the appropriateness for the Russian Federation to access it, taking into account the fact that Russia has a limited number of international treaties permitting recognition and enforcement of foreign judgments in Russia and decisions of Russian courts abroad. Based on the results of the analysis, the author concludes that the adoption of this Convention will provide for a simple and effective basis for the recognition and enforcement of foreign judgments eligible for States with different legal, social and economic circumstances. This, in turn, will increase the practical value of court decisions ensuring the most comprehensive protection of the rights and interests of the party in whose favour the decision has been made and, as a consequence, will contribute to the attractiveness of this method of dispute resolution for parties involved in cross-border private law relations.However, the mixed attitudes of the EU and the USA to the Draft Convention raises the question of their accession to the future Convention and may significantly reduce the impact of the adoption of the document under consideration.

The Year in Review

2001 ◽  
Vol 4 ◽  
pp. 255-327
Author(s):  
Avril McDonald
Keyword(s):  
International Law ◽  
Turning Point ◽  
International Criminal ◽  
The United States ◽  
International Criminal Law ◽  
International Terrorism ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Defining Moments ◽  
The Usa

The defining moments of 2001, the terrorist attacks of September 11 against the United States of America, marked a turning point in international law and relations. By their scale and audaciousness, overnight they helped to propel the issue of international terrorism to the top of the international security agenda and particularly that of the USA, with consequences for many branches of international law, including thejus ad bellum, thejus in bello, international law relating to terrorism, international human rights law and international criminal law, that were just beginning to be felt as the year closed.

Competition of Agencies in European Pharmaceutical Law – Does It Exist, Is It Desirable and How to Handle It?

2010 ◽  
Vol 1 (3) ◽  
pp. 227-238 ◽  
Author(s):  
Kai P. Purnhagen
Keyword(s):  
International Law ◽  
Historical Development ◽  
Administrative Law ◽  
European Level ◽  
Pharmaceutical Regulation ◽  
Risk Regulation ◽  
The Usa ◽  
Relationship Of ◽  
Article 5 ◽  
The Relationship

Rarely has international law been investigated from a Business to Agency (B2A) or even Agency to Agency (A2A) perspective. In recent years, the “mushrooming” of agencies at European level has triggered the importance of looking more closely into the relationship of the agencies towards each other. Is there a struggle over competences and regulatory objects, and would such competition lead to desirable outcomes? In this paper I will first show that, due to the historical development of administrative law in Europe and the USA, the perception of the desirability of agency competition differs. I will then contrast these findings with EU pharmaceutical law and show that it tends to avoid competition. Also, in practice, competition among agencies is still exceptional for European pharmaceutical regulation. Finally, I conclude these findings and hint at the limits of the desired process for further coherence. Although a move towards even greater convergence in European risk regulation is desirable, it does have its limits set by the principle of conferral in Article 5 (1, 2) EU read in conjunction with the areas of shared competence and the competence to support, coordinate and supplement.

The Practitioner’s Bookshelf: New Books on Undocumented Storytellers in the United States and on the Crime of Aggression in International Law

2019 ◽  
Vol 11 (3) ◽  
pp. 607-611
Author(s):  
Rubia R Valente ◽  
Brian Phillips
Keyword(s):  
New York ◽  
International Law ◽  
The United States ◽  
Immigrant Rights ◽  
Review Section ◽  
Baruch College ◽  
The Usa ◽  
Immigrant Rights Movement ◽  
New Feature ◽  
Analysis Of Narratives

Abstract In this instalment of ‘The Practitioner’s Bookshelf’—a new feature of the JHRP Review section containing brief reviews of recent publications of particular interest to human rights practitioners—Rubia R. Valente (Baruch College, City University of New York) discusses an analysis of narratives from the immigrant rights movement in the USA and Brian Phillips (Reviews Editor, JHRP) assesses a study of the crime of aggression in international law.

BOOK REVIEWSBOOK REVIEWSStuytA.M.051985321166169KarlWolframDr, Vertrag und spätere Praxis im Völkerrecht. Zum Einflusz der Praxis auf Inhalt und Bestand völkerrechtliche Verträge, Springer Verlag, Berlin 1983, XX + 438 pp., DM. 98.–/$ 38.90.Copyright © T.M.C. Asser Press 19851985T.M.C. Asser PresspdfS0165070X00010688a.pdfdispartBook Reviews1.Yearbook of the International Law Commission (YILC) 1964, II, p. 26.2.YILC 1966, II, p. 182 and commentary on p. 236; I, pp. 220/2. See article 68 of the 1964 Draft.3.Cf. the older French study of J.P. Cot: La conduite subséquente des Parties à un traité, written before the conclusion of the Vienna Convention of 1969, using the French classical logic “Plan” (RGDIP 1966, pp. 632–666).4.Peace Treaty of Utrecht 13 July 1713 between Spain and Great Britain, a treaty with a very long “subsequent practice.”5.Treaty of Manking 29 August 1842 (art. 3) between China and Great Britain. And what of the bilateral agreements between the USA and the USSR and their subsequent conduct?6.C.F. Prof. GoroveStephen: “Arms control in space; issues and alternatives

1985 ◽  
Vol 32 (01) ◽  
pp. 166
Author(s):  
A.M. Stuyt
Keyword(s):  
Great Britain ◽  
International Law ◽  
Classical Logic ◽  
Vienna Convention ◽  
Peace Treaty ◽  
Bilateral Agreements ◽  
French Study ◽  
The Usa ◽  
International Law Commission ◽  
Law Commission

NATIONAL MECHANISMS OF REGULATION OF CROSS-BORDER COPYRIGHT RELATIONS AIMED AT PROTECTION OF ORPHAN WORKS

Lex Russica ◽  
2019 ◽  
pp. 18-29
Author(s):  
G. K. Dmitrieva ◽  
O. V. Lutkova
Keyword(s):  
International Law ◽  
Legal Protection ◽  
Single Copy ◽  
Legal Regulation ◽  
Copyright Holder ◽  
Conflict Of Laws ◽  
Cross Border ◽  
The Usa ◽  
The Right ◽  
The Eu

The article has investigated the mechanisms of the national (both legal and non-legal) regulation of orphan works, i.e. works the holder (holders) of rights to which is (are) not identified and/or the location of the rights-holder is not established. Orphan works are supposedly protected by copyright, which means the validity of exclusive rights and the potential need to obtain permission from the copyright holder for any form of using the works under consideration, namely: reproduction including digitization, translation, processing, etc. However, in a situation where the right holder is not determined (is unavailable), the user does not have an objective opportunity to obtain such a permission, and the work actually remains unknown to the society, although it can be of artistic, cultural or historical value. Since the beginning of the new millennium, the national legal systems of a number of States have establish a special regime for the legal protection of orphan works, and about 20 states of the world have developed the foundations of such a regime so far. The article analyzes the regulation of orphan works in several states — in the EU and its member states, Great Britain, the USA, Canada, Korea, Japan, India. The authors have determined the foundations of the substantive and conflict of laws regulation of cross-border relations regulating orphan works. Features of regulation of works with an unidentified author in the era of a network society are highlighted: in particular, the need to digitize orphan works, since many of them are in a single copy on the medium ruined by time, and the fact that the digitized work can instantly spread from databases to other jurisdictions. The authors provide for the forecast of possible ways of evolution of legal regulation of relations in question with the use of mechanisms of national and international law.

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