A Study on Governing law and Fraud of the United Nations Convention on Independent Guarantees and Standby Letters of Credit

2007 ◽  
Vol 22 (3) ◽  
pp. 51-69
Author(s):  
이종원
Keyword(s):  
United Nations ◽  
United Nations Convention ◽  
The United Nations ◽  
Letters Of Credit ◽  
Governing Law

Australia and People Seeking Asylum who Arrive by Boat

2018 ◽  
pp. 518-536
Author(s):  
Caroline Fleay
Keyword(s):  
Political Parties ◽  
United Nations ◽  
Government Policies ◽  
The Past ◽  
The People ◽  
The Status ◽  
Repeated Use ◽  
United Nations Convention ◽  
The United Nations

Throughout the past forty years various leaders from both major political parties in Australia have categorized the arrival by boat of people seeking asylum as a “crisis” and the people themselves as “illegal.” This is despite Australia being a signatory to the United Nations Convention Relating to the Status of Refugees, and receiving relatively few people who seek asylum compared with many other countries. Punitive government policies and processes have further reinforced these representations, such that “crisis” and “illegal” can now be understood as both categories of analysis and practice. The repeated use of such categories may be helping to produce and reproduce prejudice and racism and obscure the needs and experiences of people seeking asylum.

Stepping back from the brink: Why multilateral regulation of autonomy in weapons systems is difficult, yet imperative and feasible

2020 ◽  
Vol 102 (913) ◽  
pp. 235-259
Author(s):  
Frank Sauer
Keyword(s):  
United Nations ◽  
Arms Control ◽  
Use Of Force ◽  
Human Control ◽  
Conventional Weapons ◽  
United Nations Convention ◽  
The United Nations ◽  
The Military ◽  
Weapons Systems

AbstractThis article explains why regulating autonomy in weapons systems, entailing the codification of a legally binding obligation to retain meaningful human control over the use of force, is such a challenging task within the framework of the United Nations Convention on Certain Conventional Weapons. It is difficult because it requires new diplomatic language, and because the military value of weapon autonomy is hard to forego in the current arms control winter. The article argues that regulation is nevertheless imperative, because the strategic as well as ethical risks outweigh the military benefits of unshackled weapon autonomy. To this end, it offers some thoughts on how the implementation of regulation can be expedited.

The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate

2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.

International Cooperation under the United Nations Convention against Transnational Organized Crime

2021 ◽  
Vol 3 (4) ◽  
pp. 3-25
Author(s):  
Andreas Schloenhardt
Keyword(s):  
United Nations ◽  
International Cooperation ◽  
Organized Crime ◽  
Legal Assistance ◽  
Legal Basis ◽  
Practical Application ◽  
Criminal Proceedings ◽  
Transnational Organized Crime ◽  
United Nations Convention ◽  
The United Nations

Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.

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