scholarly journals THE PRINCIPLE OF NEUTRALITY AT SEA AFTER UN CHARTER AND UNCLOS 1982

2018 ◽  
Vol 29 (3) ◽  
pp. 588
Author(s):  
Enny Narwati
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Hague Convention ◽  
The Other ◽  
International Treaties ◽  
Customary International Law ◽  
The Hague ◽  
The Law ◽  
Set Up ◽  
The Hague Convention

The purpose of this paper is to analyze an implementation of neutrality principles at sea in time of armed conflict. It because the law of neutrality at sea has not progressed and seem stagnant since 1907 on the Hague Convention. Indeed, the UN Charter and UNCLOS 1982 set up significant developments on international law. On the other hand, there still found a lack of rules available in particular area, therefore international community provide San Remo Manual 1994. The San Remo Manual created based on the Hague Convention of 1907, the UN Charter, UNCLOS 1982, other international treaties and customary international law. To conclude, that the law of neutrality at sea should respected the sovereignty of neutral countries

The Obligation to Extradite or Prosecute

1993 ◽  
Vol 27 (1-2) ◽  
pp. 268-287 ◽  
Author(s):  
Edward M. Wise
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Universal Jurisdiction ◽  
Customary International Law ◽  
The Hague ◽  
The Hague Convention ◽  
Multilateral Treaty ◽  
Multilateral Treaties

This paper is concerned with the alternative obligation to extradite or prosecute contained in multilateral treaties requiring suppression of “international offenses”. Such an obligation appears, for instance, in Article 7 of the Hague Convention for the Suppression of Unlawful Seizure of Aircraft of 1970, and in provisions of other anti-terrorism treaties modelled on the Hague Convention. The first part of this paper considers the extent to which the principle underlying Article 7 of the Hague Convention has been incorporated into multilateral treaties; the second part, the question of the extent to which that principle can be regarded as a norm of customary international law generally applicable to “international offenses” even apart from the specific treaties in which it is embodied.Broadly defined, “international offenses” are offenses on the part of individuals which states have an obligation, usually under a multilateral treaty, to proscribe or prosecute. Such offenses more or less coincide with those which Professor Feller designates asdelicta juris gentium(although he further assumes that all such offenses permit the exercise of “universal jurisdiction”).

Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 48 Switzerland: Swiss Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Graziano Thomas Kadner ◽  
Meyle Hannes
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Civil Procedure ◽  
Private International Law ◽  
Applicable Law ◽  
Foreign Law ◽  
Recognition And Enforcement ◽  
The Hague ◽  
The Law ◽  
The Hague Convention

This chapter describes Swiss perspectives on the Hague Principles. Switzerland is a Contracting State to the Hague Convention of 15 June 1955 on the Law Applicable to International Sale of Goods. For contracts other than commercial sales, the applicable law is determined by the Swiss Federal Act on Private International Law (PILA). It covers jurisdiction, international civil procedure, applicable law, and the recognition and enforcement of foreign judgments. The Swiss PILA therefore constitutes an all-inclusive, comprehensive codification of private international law. For many issues, the rules contained with the PILA are already in conformity with those in the Hague Principles. Where the Hague Principles cover issues that have not yet been explicitly addressed by the PILA, such as choice of non-State rules in Article 3 of the Hague Principles, or conflicting choice of law clauses in standard forms in Article 6(1)(b) of the Hague Principles, the legislator may very well take the Hague Principles into consideration when amending the PILA. In fact, the Swiss legislator regularly takes inspiration from international and foreign law when amending the law or covering new issues.

scholarly journals Kedudukan dan Daya Mengikat Konvensi Denhaag 1954 Tentang Perlindungan Obyek Budaya Dalam Sengketa Bersenjata Terhadap Pihak-Pihak Yang Bersengketa (Amerika Serikat-Irak) Menurut Konvensi Wina 1969 Tentang Perjanjian Internasional

2013 ◽  
Vol 1 (1) ◽  
Author(s):  
Hilda Hilda
Keyword(s):  
United States ◽  
International Law ◽  
Armed Conflict ◽  
Hague Convention ◽  
The United States ◽  
Crucial Issue ◽  
Cultural Objects ◽  
The Hague ◽  
The Hague Convention ◽  
Binding Power

Status and Binding Power of the Denhaag Convention 1954. Armed conflict between the United States and Iraq indicates that the two parties neglect cultural objects. The disobedient towards the provisions of international law, particularly the 1954 Hague Convention and its additional protocols, regarded as one of the conspicuous reasons for the fatal damage of cultural objects. The only justification to avoid from the obligation od protecting cultural objects is that one of the party does not bind to the instrument of international law. This has made the position and power of the Hague Convention 1954 becomes a crucial issue to the extent of its effectiveness. DOI: 10.15408/jch.v1i1.2984

scholarly journals Application of Brussels II bis regulation in exercising the right of access to a child by extended family members

2021 ◽  
Vol 60 (90) ◽  
pp. 189-205
Author(s):  
Radmila Dragišić
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
The European Union ◽  
Parental Responsibility ◽  
The Hague ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

In this paper, the author explores the sources of European Union Law that regulate one segment of parental responsibility - the right of access to a child. The focal point of research is the transition from the conventional (interstate) regulation of judicial cooperation in marital disputes and parental responsibility issues to the regulation enacted by the European Union institutions, with specific reference to the Brussels II bis Regulation. First, the author briefly points out to its relationship with other relevant international law sources regulating this subject matter: the Hague Convention on the Civil Aspects of International Child Abduction; the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children; and other international sources of law. Then, the author examines in more detail its relationship with the Brussels II bis recast Regulation, which will be applicable as of 1 August 2022. In addition, the paper includes an analysis of the first case in which the Court of Justice of the European Union (CJEU) decided on the application of the Brussels II bis Regulation, at the request of granparents to exercise the right of access to the child. On the issue of determining the competent court which has jurisdiction to decide on how this right shall be exercised, the CJEU had to decide whether the competent court is determined on the basis of the Brussels II bis Regulation or on the basis of national Private International Law rules. This paper is useful for the professional and scientific community because it deals (inter alia) with the issue of justification of adopting a special source of law at the EU level, which would regulate the issue of mutual enforcement of court decisions on the right of access to the child. This legal solution was proposed by the Republic of France, primarily guided by the fundamental right of the child to have contact with both parents.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 59 Costa Rica: Costa Rican Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Chan Anayansy Rojas ◽  
París Mauricio
Keyword(s):  
Costa Rica ◽  
International Law ◽  
Costa Rican ◽  
Private International Law ◽  
International Treaties ◽  
Commercial Arbitration ◽  
The Hague ◽  
The Law ◽  
Local Courts ◽  
Article 5

This chapter assesses Costa Rican perspectives on the Hague Principles. Costa Rica does not have a systematic and codified system that regulates conflicts of law, usually known in Costa Rica as private international law (PIL). Instead, the main sources of PIL in Costa Rica are: (i) international treaties; (ii) the Civil Code, the Code of Civil Procedures, and other domestic laws; and (iii) the Law on International Commercial Arbitration. In general, Costa Rica’s private international law regime, applicable to international commercial contracts, allows for parties to select the law of their choice as long as it does not breach public policy or harm a third party’s interest. According to Article 5 of the Organizational Law of the Judiciary, courts cannot excuse themselves from exercising their authority or from ruling in matters of their competence for lack of a rule to apply and they must do so in accordance with the written and unwritten rules. Unwritten rules refer to the general principles of law, usages and practices, and case law, according to the hierarchical order of their legal sources. Such rules serve to interpret, integrate, and delimit the field of application of law. Therefore, the local courts have limited themselves to only apply domestic law and have consequently restrained themselves from applying the Hague Principles or other soft law instruments as a persuasive authority source.

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