scholarly journals INTERNATIONAL AGREEMENTS AS A SOURCE OF INTERNATIONAL FINANCIAL LAW

2021 ◽  
pp. 185-194
Author(s):  
O. R. Vaitsekhovska
Keyword(s):  
Legal Status ◽  
International Agreements ◽  
International Agreement ◽  
Legal Analysis ◽  
Legal Nature ◽  
Terrorism Financing ◽  
Set Up ◽  
State Relations ◽  
Inter State

The article under studies is a legal analysis of the international contractual lawmaking in the field of finance. It lays particular emphasis on the role of international financial agreements in forming the international financial order enforcement. The article contains a classification of international agreements, which directly or indirectly aim at regulating financial relations according to the following criteria: 1) the subject of legal regulations; 2) the legal status of the parties that conclude an international agreement; 3) the number of the parties in an international agreement. In addition, the paper under discussion analyzes the contents of the statutes of certain international financial organizations, whose norms play a significant role for the legal-normative constituent of the international financial order enforcement. The research indicates that in compliance with the nature of the irfunctions and the number of the parties, international financial agreements are divided into: A) the international agreements, which set up the legal basics and a single procedure of the inter-state relations in a certain field of activities of the international financial relations (the fields of currency relations, settlement relations, countering terrorism financing, etc.) andserveas a basis for concluding other agreements in a respective area: 1) the international agreements that aim at coordinating states in the international financial relations (statutes of the international financial organizations); 2) the international agreements that have a mixed legal nature in the context of the ultimate legal entities, to which most of the provisions of the agreement are directed. Such inter-state agreements make the states fulfil their obligations by implementing the international norms into their national legislations, which concern the financial relations between legal and juridical persons. B) The international agreements, which contain individually determined financial norms (on the issues of financing, investing, etc.).

Mogul Sovereignty and the Law of Nations (1955)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
Internal Structure ◽  
Legal Status ◽  
The West ◽  
Legal Nature ◽  
Law Of Nations ◽  
The Family ◽  
The Law ◽  
State Relations ◽  
Inter State

The historian of the law of nations, when considering Mogul sovereignty, is concerned with two main problems: first, the legal status of the Mogul Empire within the family of nations and the type of law applicable to inter-state relations at that time; and second, the internal structure of the Empire, which was essentially based on a network of suzerain–vassal relationships. This chapter discusses a few characteristic events to shed more light on these problems. Such events may be chosen from Anglo-Mogul relations in the sixteenth, seventeenth, and eighteenth centuries. The period between the reign of Emperor Akbar and Emperor Aurangzeb saw the greatest expansion of the Empire and one of the most remarkable episodes during this period—an episode which helps to illustrate the legal nature of relations between India and the West, the embassy of Sir Thomas Roe to the Court of Agra.

scholarly journals FEATURES OF JUDICIAL CASES INVOLVING WOMEN IN THE FATIMID CALIPHATE IN THE 10TH–12TH CENTURIES (historical and legal analysis)

2020 ◽  
pp. 249-253
Author(s):  
Faridun Z. Zavurbekov
Keyword(s):  
Legal Status ◽  
Negative Attitude ◽  
Special Role ◽  
Legal Analysis ◽  
Criminal Cases ◽  
Judicial Process ◽  
Judicial Practice ◽  
Marriage Contract ◽  
History Of

The article deals with the rights of women in the Fatimid Caliphate (10th to 12th centuries) by analysing the judicial practice of the time, the decisions of the Sharia and Mazalim courts. The author focuses on the legal status of women in the sphere of marriage, family and criminal law in the Ismaili tradition. Historical-legal and comparative-legal methods are used in the analysis of sources. The study begins with a short digression into the history of the Fatimid Caliphate. The features of the judicial system, the role of the cadi and its competence are described. There are a number of court cases, one of the parties to which was a woman. Based on the analysis, the author makes a conclusion about the specifi city of the Fatimid approach to marriage, in comparison with the Sunni and Imamite legal schools. The special role of guardians at the conclusion of the marriage contract and restriction of freedom of its termination is noted. Attention is drawn to the fact of extremely negative attitude to marriage between Muslim women and representatives of other religious movements, as well as to such an institution of family law as temporary marriage, legalised in the Imamite school of law. The fi nal part deals with criminal cases in which a woman is both the victim and the accused. Based on these precedents, it is a non-trivial conclusion that the judges of the Fatimid Caliphate did not always rely on Sharia norms when making decisions against women, which is completely atypical for Muslim traditions in general. At the same time, any crimes against this group of the population were punished rather severely. Particular attention is drawn to the state’s approach to women plaintiffs, depending on the degree of their personal participation in the judicial process.

Freitas Versus Grotius (1959)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
Seventeenth Century ◽  
Legal Status ◽  
East India Company ◽  
Dutch East India Company ◽  
Hugo Grotius ◽  
Straits Of Malacca ◽  
State Relations ◽  
The University ◽  
Inter State

This chapter considers the work of Franciscus Seraphin de Freitas, a professor at the University of Valadolid, in particular his treatise entitled De Justo Imperio Lusitanorum Asiatico, and compares his influence to that of Hugo Grotius. Freitas and Grotius were participants in a case that arose from the seizure of a Portuguese vessel in the Straits of Malacca by a Dutch Admiral employed by the Dutch East India Company. Its capture was questioned by some Company members who opposed the adjudication of the prize by the Dutch Admiralty Court. Grotius defended the case and Freitas was chosen to state a case for the King of Spain who was also then the sovereign of Portugal. The chapter argues that Freitas deserves his due place among the writers of the seventeenth century who contributed to the clarification of problems relating to the legal status of the sea and to European–Asian inter-state relations.

Emerging Issues and Challenges in Transboundary Freshwater: The Role of Treaties and Treaty Design

2020 ◽  
Author(s):  
Shlomi Dinar
Keyword(s):  
Water Resources ◽  
Water Scarcity ◽  
National Development ◽  
International Agreements ◽  
Political Conflict ◽  
Conflict And Cooperation ◽  
Emerging Issues ◽  
State Cooperation ◽  
Inter State

Freshwater’s transboundary nature (in the form of rivers, lakes, and underground aquifers) means that it ties countries (or riparians) in a web of interdependence. Combined with water scarcity and increased water variability, and the sheer necessity of water for survival and national development, these interdependencies may often lead to conflict. While such conflict is rarely violent in nature, political conflict over water is quite common as states diverge over how to share water or whether to develop a joint river for hydropower, say, or to use the water for agriculture. For the same reasons that water may be a source of conflict, it is also a source of cooperation. In fact, if the number of documented international agreements over shared water resources is any indication, then water’s cooperative history is a rich one. As the most important and accepted tools for formalizing inter-state cooperation, treaties have become the focus of research and analysis. While treaties do not necessarily guarantee cooperation, they do provide states with a platform for dealing with conflict as well as the means to create benefits for sustained cooperation. This also suggests that the way treaties are designed—in other words, what mechanisms and instruments are included in the agreement—is likewise relevant to analyzing conflict and cooperation.

Pretoria's Reaction to the Rôle of Moscow and Peking in Southern Africa

1987 ◽  
Vol 25 (2) ◽  
pp. 321-344
Author(s):  
Chris Maritz
Keyword(s):  
Southern Africa ◽  
Max Weber ◽  
National Interests ◽  
Definition Of ◽  
State Relations ◽  
Inter State

We have it from the celebrated Max Weber that the behaviour of nations is determined not by ideas but by ‘interests’ – a loaded concept in the sense that these are dependent on the interpretation given by a nation to its environment. This implies that ‘images of reality’ are crucial in the definition of what are national interests and what are not. Perceptions thus determine inter-state relations, and existing Policies should be seen as reactions to images of interests, pressures, and assumed underlying objectives.

scholarly journals Le rôle des corvées dans le système des redevances acquittées par les habitants des villages de ius Valachicum en Petite-Pologne et en Ruthénie de la Couronne aux XVe et XVIe siècles

2020 ◽  
Vol 26 ◽  
pp. 249-267
Author(s):  
Grzegorz Jawor
Keyword(s):  
Large Scale ◽  
Legal Status ◽  
Source Material ◽  
Mountainous Area ◽  
Common Belief ◽  
Natural Conditions ◽  
Widespread Implementation ◽  
The Common ◽  
Set Up

The Role of Serfdoms in the Obligation System of the Inhabitants of Villages on the Wallachian Law in Lesser Poland (Małopolska) and Crown Ruthenia (15th-16th century). The aim of the article is an attempt to define a role of serfdoms in the system of obligations provided by the population living in the settlements established on the Wallachian law. On the basis of a critical analysis of a relatively numerous sources preserved from the region in question (in particular, the documents associated with the rights given to individual villages, inventories, and royal domain), an attempt was made to verify the common belief in the scholarship on this topic about the lack of, or at least the minimum, share of the serfdoms for the owners in the obligation system of the inhabitants. As a result, a specific feature of the Wallachian law was indicated, which was the obligation – elsewhere unknown or occurring only in minute traces – of performing small errands a few times in a year for the benefit of the dukes (kniaź). It was recorded throughout the entire studied period and in all of the areas partaking in the Wallachian colonisation. In contrast, there are many more doubts regarding the conviction about a complete lack of serfdoms for the owners of villages. The presented source material indicates that there were indeed settlements to which this duty did not apply (and perhaps this situation was even dominating), but in other places the older and usually less strenuous forms of labours were present (annual works, duties “under the order”, ect.), while the attempts to impose weekly serfdoms date back to the 1530s and 1540s. Its widespread implementation in the areas outside of mountains is strictly linked to the development of a grange, set up for the production of grain. For the Wallachian settlements this meant a limitation, and then a thorough disposal of their privileged legal status. It is not a matter of coincidence that this colonising tendency was clearly restrained at the turn of the 16th and 17th century. This fate was avoided only be the villages situated in a typically mountainous area where the natural conditions prevented the production of crops on a large scale. Populations living therein – that were ruled by the Wallachian law – lasted longer and the processes of assimilation and integration with the local surroundings took place more slowly.

scholarly journals A bonus ec diligens pater familias 20. századi alakulása a német családjogban

DÍKÉ ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 47-63
Author(s):  
Dejan Dujic
Keyword(s):  
Legal Status ◽  
Third Wave ◽  
Science Literature ◽  
Legal Analysis ◽  
Marriage And Family ◽  
The Third ◽  
The Social ◽  
Legal Nature ◽  
Two Stages ◽  
Second Wave

The process of women’s emancipation in European legal culture can be divided into three major periods according to their defining issues and objectives. The findings of the following study refer to the period from the beginning of the 20th century to the present day, which is usually identified in the literature as the second wave, and then as the third wave from the 1990s onwards. The turning point between these two stages is the thirty years after 1950, when the social, personal and family legal status of women changed significantly in Europe. The demands of the third wave, the ’modern emancipation movement’, which are still ongoing today, are of a different nature and are primarily sociological rather than legal nature. Although the topic of feminism is popular and has been dealt with in many ways in the Hungarian social science literature too, this study is nevertheless suppletory as I present the German marriage and family law reforms by means of the historical legal analysis, which will be supplemented in later studies by a comparison of Austrian and Hungarian law for the same period.

EU Acts and Member State Acts in the Negotiation, Conclusion, and Implementation of International Agreements

2018 ◽  
Author(s):  
Alan Dashwood
Keyword(s):  
Decision Making ◽  
Member State ◽  
External Action ◽  
International Agreements ◽  
International Agreement ◽  
Legal Basis ◽  
Treaty Of Lisbon ◽  
Procedural Code ◽  
The Eu

The new institutional balance resulting from the Treaty of Lisbon is being tested nowhere as sharply as in the field of the exercise of the EU’s powers of external action. There is a wealth of recent litigation clarifying aspects of the procedural code, now set out in Article 218 TFEU, which governs the negotiation, conclusion, and implementation of international agreements concluded on behalf of the EU. This chapter explores issues connected with the adoption of acts within the framework of Article 218, including the designation of the Union negotiator, the choice of legal basis for decisions on the conclusion of agreements and the enhanced role of the European Parliament in such decisions. Also discussed are certain controversial developments in the procedure that applies for determining the Union’s position in a decision-making body established under an international agreement, and other issues including the legality of so-called ‘hybrid acts’.

scholarly journals Prospects for settlement of the legal status of cryptocurrency in Ukraine

2021 ◽  
pp. 152-157
Author(s):  
V.M. Lohoyda
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Legal Regulation ◽  
Securities Market ◽  
Intangible Asset ◽  
Legal Analysis ◽  
Electronic Money ◽  
Current State ◽  
Legal Nature ◽  
The One

The article is devoted to the current state and prospects of further legislative regulation in Ukraine of the legal status of cryptocurrency (cryptoassets), primarily in terms of the need to clearly define its place in the system of objects of civil rights. The author emphasizes on the current uncertainty at the national and international level about the legal nature of cryptocurrency that causes gaps in the legal regulation of this phenomenon, which on the one hand allows its free and accelerated development, but on the other - creates significant legal risks for participants of the relevant legal relationships. Based on the comparative legal analysis of the approaches of different countries to the qualification of the legal essence of cryptocurrency, as well as the analysis of the Laws of Ukraine "On Prevention of Corruption", "On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing  Terrorism and Financing Spread of the Weapon of Mass Destruction”, the draft Law of Ukraine“ On Virtual Assets ”№3637 of 11.06.2020 adopted as a basis and prepared for the second reading by the Parliament and opinions of national regulators of financial market and securities market the author considers as a debatable approach of Ukrainian authorities to regulation circulation of virtual assets and, in particular, such their type as a cryptocurrency, as an intangible asset (other intangible goods). There is a contradiction of such a qualification in terms of traditional features of intangible assets (pronounced personal nature, the impossibility of the existence of such goods in isolation from the subject of law without his consent, lack of property and economic content) and the economic purpose of cryptocurrency as a mean of payment. In this regard, the author concludes that there should be an expediency of classifying this object of civil rights as a special (private) form of money, for which he proposes to carry out a more detailed civil law classification with a division into fiat (cash, non-cash, digital) and private (cryptocurrencies and electronic money).

scholarly journals The Role of Negotiations in International Relations: دور المفاوضات في العلاقات الدولية

2019 ◽  
Vol 3 (5) ◽  
Author(s):  
Thamer Abdullah Eid Alsubaie
Keyword(s):  
International Relations ◽  
Positive Impact ◽  
Negotiation Process ◽  
War And Peace ◽  
International Consensus ◽  
State Relations ◽  
The Relationship ◽  
Inter State

    What was the sporadic intercourse to facilitate contacts among various ancient political entities in different parts of the world became organized inter-state relations between nations and states, supported diplomacy as the art of settling disputes by negotiations. Negotiations have become the essential instrument at the core of contemporary international relations that are constantly changing in time and space. The negotiations brought the shift of major importance and had direct impact on international relations. The international organizations have been empowered to assist governments of its member states in progressive liberalization of trade in all areas. Negotiations have intensified the inter-state relations contacts collection of information about the ways other societies are organized and act. Negotiations have become primary tools in building international consensus on most important issues of security, war and peace. This research aimed to assess the role of negotiations in international relations. In order to achieve this aim, the researcher reviewed articles and research that dealt with examining the origin of the research variables, and also aimed to identify the relationship between these variables. In addition to that, the researcher conducted in depth interviews with 15 key officials in Saudi Arabia. The results of the study found that effective negotiations have a positive impact on the quality of international relations. Of the main recommendations of the study is that it is essential that the negotiator have the required sets of skills to ensure an effective negotiation process.    

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