Assumptions and legal and political intellectual principles of positive discrimination of women and their application to the laws in force in the Kurdistan region

2021 ◽  
Author(s):  
Tahseen Hamah Saeed
Keyword(s):  
International Law ◽  
International Organizations ◽  
The Elderly ◽  
Kurdistan Region ◽  
Federal Law ◽  
Legal Rules ◽  
Legal Principle ◽  
Female Component ◽  
Positive Discrimination ◽  
Legislative Policy

"This research enters into the field of philosophy of law. He investigated it about the positive differentiation of women in legal thought. After defining the assumptions of the concept, such as the necessity to distinguish between formal equality, and real equality, because positive differentiation is a privilege given to the disadvantaged as if it appears to create inequality, and it is formed until it compensates them with the forbidden, which was practiced before and is now practiced. And that positive differentiation is not only concerned with women but also with all other disadvantaged groups, such as minorities, children and the elderly, even if the female component is more visible. So it entered into the global legislative policy, whether in international law or in national law, so would hold international agreements, hold conferences and establish international organizations for that. Positive differentiation is considered a subsidiary legal principle and complementary to the principle of equality and fairness, and for this existence is related to the existence of that principle, and it is known that the principle are not often written in legislation, but the legislator must take them into account when setting legal rules. Positive the positive differentiation as a legal principle that is observed in global legislation, and the legislator in the Kurdistan region of Iraq tried to observe the principle at a time when the federal legislator did not pay much attention to the principle, and this legislative policy in the region is more in line with the global legislative policy, and this is why the Kurdistan legislator tried to repeal or amend federal law Or legislate new laws in implementation of the principle that fall within its powers, so the anti-family violence law is a perfect example of this, which has no parallel in Iraq so far."

Part XI Public Policy and Abuse of Process, 32 Public Policy Rules in English Arbitration Law

2016 ◽  
Author(s):  
Brekoulakis Stavros
Keyword(s):  
Public Policy ◽  
International Law ◽  
Historical Context ◽  
Careful Analysis ◽  
Private International Law ◽  
Policy Rules ◽  
Legal Rules ◽  
Legal Principle ◽  
And Function

This chapter argues that the doctrine of public policy currently adopted by legal discourse in arbitration is conceptually and methodologically confusing, and outdated. It is conceptually confusing because there is usually no explanation about how the content of public policy is ascertained or whether the doctrine functions as a legal principle or a set of legal rules. The doctrine of public policy, as a structured set of legal rules, can be better conceived of as a doctrine of national law. The rules of public policy can also be ascertained from a careful analysis of the historical context and jurisprudential development of the doctrine. The chapter first looks into the concept and function of public policy in English law and jurisprudence. It then focuses on the role of public policy in English private international law, before finally ascertaining the rules of public policy in English arbitration law.

Economics of International Organizations

2017 ◽  
Author(s):  
Joel P. Trachtman
Keyword(s):  
Decision Making ◽  
Transaction Costs ◽  
International Law ◽  
International Organizations ◽  
Subject Matter ◽  
International Organization ◽  
Legal Rules ◽  
The Core ◽  
Core Questions ◽  
The Relationship

The essence of an international organization is the delegation of decision-making authority from individual states to the organization, representing the collectivity of member states. In simple terms, international organizations are to international law as firms are to contracts: states form international organizations in order to reduce the transaction costs associated with cooperation, as compared to the entry into international legal rules without organizations. The core questions are the same: why are these institutions formed, what powers do they have, and how are they exercised? This chapter analyzes the reasons for the creation of international organizations, as well as the reasons why particular structures of international organizations are utilized. It assesses the relationship among assignment of subject matter authority, legislative capacity, adjudicative capacity, enforcement capacity, and membership. It examines how these features correspond to particular contexts of international cooperation.

The Use of Analogies in Drafting the Articles on the Responsibility of International Organizations An Appraisal of the ‘Copy-Paste Approach’

2012 ◽  
Vol 9 (1) ◽  
pp. 53-66 ◽  
Author(s):  
Christiane Ahlborn
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Reasoning ◽  
International Organization ◽  
Considerable Uncertainty ◽  
Legal Rules ◽  
International Responsibility ◽  
International Law Commission ◽  
Law Commission

In view of the adoption and future reception of the Articles on the Responsibility of International Organizations (ARIO) on second reading, this contribution seeks to offer some reflections on the ‘copy-paste narrative’ that has characterized the process of drafting the ARIO by the International Law Commission (ILC). On the basis of a brief introduction to the concept of analogies in international law, it is explained that the use of analogies is not to be equated with a mechanical exercise of copy-pasting legal rules; rather, it constitutes a method of legal reasoning based on a principled assessment of relevant similarities and differences. By comparing the ARIO with the ILC’s Articles on State Responsibility (ASR), it will be demonstrated that the ARIO actually do not follow the example of the ASR in many key provisions. Interestingly, much of the critique of the ARIO has been directed against these dissimilar provisions, especially when they concern the relations between an international organization and its member States. Since this critique is mainly driven by considerable uncertainty as to the determination of the responsible actor(s), it will be suggested that the ILC should have used closer analogies with the ASR in order to enhance the overall coherence of the law of international responsibility. This is because, as argued in conclusion, the corporate complexity of international organizations and States may necessitate a unified set of Articles on International Responsibility.

scholarly journals INTERNATIONAL ORGANIZATIONS AS SUBJECTS OF INTERNATIONAL LAW RULES INTERPRETATION

10.23856/4324 ◽  
2021 ◽  
Vol 43 (6) ◽  
pp. 189-197
Author(s):  
Svitlana Karvatska ◽  
Tetyana Gnatuyk
Keyword(s):  
International Law ◽  
International Organizations ◽  
Essential Role ◽  
Empirical Method ◽  
Structural Method ◽  
Legal Rules ◽  
The Status ◽  
Current Stage ◽  
Law Making

This paper aims to analyze an interpretive activity of international organizations as a means to solve the problem of paramount importance for ensuring updating of international law rules and the whole mechanism of international law action in the process of rules implementation. The methodology is based on a comprehensive approach to the analysis of the object and subject of research, which covers philosophical and legal methods – dialectical method of scientific knowledge, system-structural method, empirical method, hermeneutic method, synergetic and formal-legal methods of scientific research. As a result, the growing role of international organizations as subjects of interpretation, which do not only play an essential role in international law-making and the implementation of international law but also take an active part in their interpretation, was proved. In interpreting their charters, international bodies and organizations certainly influence the content of other international norms. At the current stage, it is necessary to define international organizations’ interpretive activity as a particular type of international law-making, which consists in the official interpretation of international legal rules contained in the relevant acts. Nevertheless, they do not acquire the status of law-making bodies, and their decisions and conclusions are of a recommendatory nature.

Diplomatic and Consular Relations

2019 ◽  
pp. 564-582
Author(s):  
Sanderijn Duquet ◽  
Jan Wouters
Keyword(s):  
New York ◽  
International Law ◽  
International Organizations ◽  
Final Section ◽  
Subject Area ◽  
Global Order ◽  
Legal Rules ◽  
Un Security Council ◽  
Un General Assembly ◽  
International Law Commission

The United Nations (UN) is a strong defender of the cooperative global order. The promotion of diplomatic and consular exchanges between its member states suits this purpose. Throughout the years, lawmaking by treaty has been the preferred way for the UN to advance legal rules that facilitate such diplomatic and consular interactions. Tremendous achievements (the 1961 and 1963 Conventions on permanent diplomatic and consular missions and the 1973 Convention on the prevention and punishment of crimes against internationally protected persons) have been followed by a worthwhile lawmaking exercise (the 1969 Convention on special missions), but also by an attempt at harmonization that failed to attain its goals (the 1975 Convention on permanent representations to international organizations). This chapter zooms in on legal discussions that took place in the course of two decades of diplomatic and consular treaty-making under the auspices of the UN, as well as at the treaties’ implementation track and their present-day impact. The chapter takes a close look at the structure and content of the five UN Conventions in the diplomatic and consular field, and identifies particular contributions of the International Law Commission, the UN General Assembly, the UN Security Council, and specially convened diplomatic conferences in Vienna and New York. In a final section, the chapter highlights remaining challenges for the UN in dealing with this subject area.

«Soft law» in the law of the Eurasian Ec onomic Union: place and possibility of challenging

2020 ◽  
Vol 9 ◽  
pp. 35-42
Author(s):  
P.P. Myslivsky ◽  
◽  
I.N. Shchurova
Keyword(s):  
International Law ◽  
International Organizations ◽  
Soft Law ◽  
Binding Force ◽  
Eurasian Economic Union ◽  
Economic Commission ◽  
Economic Union ◽  
The Law

In international law, there are sources that do not formally have binding force, but may indicate the emergence of the opinio juris of states, as well as emerging practice. The Eurasian Economic Union also issues acts that are not formally binding: they are adopted by the Eurasian Economic Commission in the form of recommendations. In addition, the Union takes into account the recommendatory acts of other international organizations. At present, the practice of the EAEU Court indicates that this body takes into account “soft law” in the course of argumentation, but proceeds from the impossibility of challenging acts that are recommendations of the EEC. The authors give ways to establish the possibility of challenging the EEC recommendations in the EAEU Court.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

scholarly journals Designing for international law: The architecture of international organizations 1922–1952

2020 ◽  
pp. 1-22
Author(s):  
Miriam Bak McKenna
Keyword(s):  
New York ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
International Labour Organization ◽  
The Relationship ◽  
Physical Manifestation ◽  
Insight Into ◽  
Do So

Abstract Situating itself in current debates over the international legal archive, this article delves into the material and conceptual implications of architecture for international law. To do so I trace the architectural developments of international law’s organizational and administrative spaces during the early to mid twentieth century. These architectural endeavours unfolded in three main stages: the years 1922–1926, during which the International Labour Organization (ILO) building, the first building exclusively designed for an international organization was constructed; the years 1927–1937 which saw the great polemic between modernist and classical architects over the building of the Palace of Nations; and the years 1947–1952, with the triumph of modernism, represented by the UN Headquarters in New York. These events provide an illuminating allegorical insight into the physical manifestation, modes of self-expression, and transformation of international law during this era, particularly the relationship between international law and the function and role of international organizations.

Features of ILM for the 1960's

1969 ◽  
Vol 8 (I1) ◽  
pp. xi-xii
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflict ◽  
Developed Countries ◽  
Military Force ◽  
International Arbitration ◽  
National Courts ◽  
The Developed Countries

The contents of ILM for the period from 1962 to 1969 reflect several significant developments: (1) the entry on the international scene of many new countries and their establishment of relations with the developed countries, particularly in the fields of commerce and trade and of investment; (2) the prevalence of armed conflict and the use of military force in the unsettled conditions resulting from the decolonization process and from continued antagonisms between the superpowers; (3) the pervasive role of international organizations, both global and regional, general and specialized; and (4) the continued predominance of national courts in the judicial consideration of questions of international law and the shift from general to specialized tribunals in the resolution of disputes by international arbitration and adjudication.

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