scholarly journals TERMINOLOGY OF INTERNATIONAL AGREEMENTS WITH THE PARTICIPATION OF UKRAINE (ON THE EXAMPLE OF SOCIAL SECURITY AGREEMENTS)

2021 ◽  
pp. 237-244
Author(s):  
H. S. Phedinyak
Keyword(s):  
Social Security ◽  
International Law ◽  
International Agreements ◽  
Private Law ◽  
Private International Law ◽  
International Agreement ◽  
Bilateral Agreements ◽  
Foreign Text ◽  
Security Agreements

Ukraine is a party to many international agreements. International bilateral agreements on social security are among them. These contracts, like any other, must be of good quality. The quality of international agreements is achieved through the use of legislative techniques. Legislative technique involves the correct use of terminology. This article analyzes, in particular, the provisions of the Agreement between Ukraine and the Portuguese Republic on Social Security of 7 July 2009 and the Agreement between Ukraine and the Kingdom of Spain on Social Security of 7 October 1996 and demonstrates incorrect use of terminology in their text. The text of these international bilateral agreements needs to be changed. Some of the conclusions: the language of the international agreement with the participation of Ukraine must comply with the principles of scientificity and publicity. Legal terminology should not be confused with commonly used terms. Terms of private international law are mandatory for use in international agreements involving Ukraine, the rules of which regulate private law relations with a foreign element. No need to use unnecessary words in the text of an international agreement. It is not always advisable to translate the foreign text of an international agreement literally. The text of an international agreement should not be confusing, superficial. It should be complete, comprehensive, and concise. Each norm must be completed and meet the objectives of the international agreement.

scholarly journals СORRESPONDENCE OF THE NAMES OF THE STRUCTURAL PARTS OF INTERNATIONAL BILATERAL AGREEMENTS WITH THE PARTICIPATION OF UKRAINE TO THEIR TEXT (ON THE EXAMPLE OF AGREEMENTS ON SOCIAL SECURITY)

2021 ◽  
pp. 115-121
Author(s):  
H. S. Phedinyak
Keyword(s):  
Social Security ◽  
International Law ◽  
International Agreements ◽  
Vienna Convention ◽  
Private International Law ◽  
International Treaties ◽  
International Treaty ◽  
Bilateral Agreements ◽  
Written Form ◽  
The Republic

International treaty is mode of creating norms of international law and private international law. Treaties are legally binding agreements between two or more states. According Vienna Convention on Law of Treaties (1969, May 23), which came into force on January 27, 1980 treaty means an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or two or more related instruments and whatever its particular designation. International treaties are acts that contain unified rules that are binding on the subjects of law of at least two states. Ukraine participates in a significant number of international agreements, both multilateral and bilateral. The rules of legislative technique are applied to the presentation of the text of international agreements. The qualitative text of an international treaty with the participation of the state proposing the text of the treaty is the "card" of this state. This article analyzes the application of some rules of legislative technique in the creation of international treaties. The texts of international bilateral agreements with Ukraine on social security are analyzed. Attention is drawn to the names of some sections, chapters, articles of such international agreements as: Agreement between Ukraine and the Republic of Poland on social security of May 18, 2012; Agreement between Ukraine and the Kingdom of Spain on social security of citizens of October 7, 1996; Agreement between Ukraine and the Portuguese Republic on social security of July 7, 2009. The text of these international bilateral agreements needs to be changed.

scholarly journals Peculiarities of inheritance of deceased's property in international private law

2021 ◽  
pp. 39-42
Author(s):  
Halyna ANIKINA
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
Private Law ◽  
Time Of Death ◽  
Private International Law ◽  
International Treaties ◽  
The Third ◽  
International Private Law ◽  
The Relationship

Introduction. The paper is devoted to the study of the peculiarities of the inheritance of deceased property in private international law. The concept of “foreclosed property” is defined. The relationship between the terms “foreclosed property” and “dead heritage” has been clarified. Purpose. In private international law there are two theories (principles) of acquisition of ownership of foreclosed property: the theory of occupation and the theory of inheritance. The essence of each of the approaches to the inheritance of property by the state in private international law is clarified. The list of countries where the “principle of occupation of foreclosed property” is enshrined in law and the countries that apply the theory of inheritance on the principle of the closest connection. Results. The opinions of scientists on the expediency of applying each of the principles have been studied. It has been found that the most effective way to overcome conflicts over the inheritance of foreclosed property between states is through international agreements. In all international treaties governing the relations of inheritance with a foreign element in which Ukraine participates, the same solution to the issue of inheritance of foreclosed property by the state is enshrined. Movable property shall become the property of the Contracting Party of which the testator was a national at the time of death, and immovable property shall become the property of the Contracting Party in whose territory it is located. Conclusion. It is concluded that the application of the third principle of inheritance of foreclosed property in private international law – the “principle of splitting the hereditary statute”.

scholarly journals HUKUM INTERNASIONAL SEBAGAI SUMBER HUKUM DALAM HUKUM NASIONAL (Dalam Perspektif Hubungan Hukum Internasional Dan Hukum Nasional Di Indonesia)

2013 ◽  
Vol 2 (1) ◽  
pp. 67
Author(s):  
Dina Sunyowati
Keyword(s):  
International Law ◽  
International Agreements ◽  
International Agreement ◽  
International Treaties ◽  
Bilateral Agreements ◽  
Multilateral Agreements

Countries agreement contained in an international agreement in the form of bilateral agreements, regional and multilateral agreements that are binding on the parties and a law for that entered into an agreement (pacta sunt servanda). International agreements that have been agreed and validated in a ratification by a country, then the agreement is valid and binding upon all be a source of law for the enforcement of law in making decisions. This is true also in Indonesia. Any international agreement that has been followed by Indonesia, which is contained in a ratification requirement or not, still have the force of binding for both parties. Keywords: International Law, Sources of Law, International Treaties, International Agreements.

scholarly journals Establishing the content of foreign law through international treaties

2020 ◽  
Vol 3 ◽  
pp. 81-85
Author(s):  
Herman Galuschenko
Keyword(s):  
International Law ◽  
International Agreements ◽  
Private International Law ◽  
Legal Assistance ◽  
International Treaties ◽  
Additional Source ◽  
Bilateral Agreements ◽  
Procedural Law ◽  
Foreign Law

In the article, the author gives the main mechanisms of establishing the content of foreign law, which are applied in most states – namely, briefly stated rules of civil procedural codes or special laws on private international law. The author focuses on the fact, that an additional source for mechanisms of establishing and clarifying content of foreign law are also international agreements, in particular – bilateral agreements on legal assistance, which states conclude between themselves to establish cooperation in order to resolve civil and criminal cases.It was found out, that in most countries, the legislator, despite the existence of civil procedural law and law on private international law, singles out international treaties, allowing to apply clear and effective mechanisms to establish the content of foreign law. This practice is not a new phenomenon in the science of private international law.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

Internet Jurisdiction Law and Practice

2021 ◽  
Author(s):  
Julia Hörnle
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Data Protection ◽  
Hate Speech ◽  
Public Law ◽  
The Internet ◽  
Private Law ◽  
Private International Law ◽  
Online Data ◽  
Media Regulation

Jurisdiction is the foundational concept for both national laws and international law as it provides the link between the sovereign government and its territory, and ultimately its people. The internet challenges this concept at its root: data travels across the internet without respecting political borders or territory. This book is about this Jurisdictional Challenge created by internet technologies. The Jurisdictional Challenge arises as civil disputes, criminal cases, and regulatory action span different countries, rising questions as to the international competence of courts, law enforcement, and regulators. From a technological standpoint, geography is largely irrelevant for online data flows and this raises the question of who governs “YouTubistan.” Services, communication, and interaction occur online between persons who may be located in different countries. Data is stored and processed online in data centres remote from the actual user, with cloud computing provided as a utility. Illegal acts such as hacking, identity theft and fraud, cyberespionage, propagation of terrorist propaganda, hate speech, defamation, revenge porn, and illegal marketplaces (such as Silkroad) may all be remotely targeted at a country, or simply create effects in many countries. Software applications (“apps”) developed by a software developer in one country are seamlessly downloaded by users on their mobile devices worldwide, without regard to applicable consumer protection, data protection, intellectual property, or media law. Therefore, the internet has created multi-facetted and complex challenges for the concept of jurisdiction and conflicts of law. Traditionally, jurisdiction in private law and jurisdiction in public law have belonged to different areas of law, namely private international law and (public) international law. The unique feature of this book is that it explores the notion of jurisdiction in different branches of “the” law. It analyses legislation and jurisprudence to extract how the concept of jurisdiction is applied in internet cases, taking a comparative law approach, focusing on EU, English, German, and US law. This synthesis and comparison of approaches across the board has produced new insights on how we should tackle the Jurisdictional Challenge. The first three chapters explain the Jurisdictional Challenge created by the internet and place this in the context of technology, sovereignty, territory, and media regulation. The following four chapters focus on public law aspects, namely criminal law and data protection jurisdiction. The next five chapters are about private law disputes, including cross-border B2C e-commerce, online privacy and defamation disputes, and internet intellectual property disputes. The final chapter harnesses the insights from the different areas of law examined.

The Oxford Guide to Treaties

2020 ◽  
Keyword(s):  
European Union ◽  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Reference Point ◽  
International Agreements ◽  
International Agreement ◽  
The European Union ◽  
Trade Relations ◽  
Nation States

From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Thus, being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations. This revised and updated edition provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. The chapters are designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These are complimented by a set of model treaty clauses. Real examples illustrate the approaches that treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The book thus provides an authoritative reference point for anyone studying or involved in the creation or interpretation of treaties or other forms of international agreement.

Part III Jurisdiction, Foreign Judgments and Awards, 15 Recognition and Enforcement of Foreign Judgments and Arbitral Awards in England—An Introduction

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
International Law ◽  
Family Law ◽  
Trade Association ◽  
Private International Law ◽  
International Agreement ◽  
The European Union ◽  
European Free Trade Association ◽  
Direct Operation ◽  
Recognition And Enforcement ◽  
The Uk

This chapter examines how foreign judgments and arbitral awards are recognised and enforced in England. Unsatisfied foreign judgments and arbitral awards give rise to complicated questions concerning private international law. Owing to the principle of territorial sovereignty, a judgment delivered in one country cannot, in the absence of international agreement, have a direct operation of its own force in another. This chapter first considers the effect given to foreign judgments and arbitral awards before discussing the different regimes governing recognition and enforcement of foreign judgments. In particular, it looks at judgments from outside the European Union and European Free Trade Association (EFTA), judgments from an EU or EFTA state, and judgments from other parts of the UK. It also analyses issues relating to insolvency, family law, and wills and successions and concludes with an overview of rules under which foreign arbitral awards are recognised and enforced.

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