scholarly journals Recent Development in International Treaties Relating to Aviation: New Standardization of International Air Law

2020 ◽  
Vol 07 (02) ◽  
pp. 268-288
Author(s):  
Adi Kusumaningrum
Keyword(s):  
International Organizations ◽  
Civil Aviation ◽  
Legal Regulations ◽  
International Treaties ◽  
Chicago Convention ◽  
Member States ◽  
Operational Technique ◽  
The World ◽  
Domestic Law ◽  
National Domain

Globalization is identified with the development of treaties into national domain law. Initially, such treaties did not appear as legal regulations but as standard/harmonized-setting for member states. Since the establishment of Chicago Convention on Civil Aviation, 1944, treaties on aviation keep developing well both on the aviation operational technique and economic aspect. Those treaties nowadays have turned into the source of international aviation law. Treaty has been one of the bases of domestic law for almost nations in the world. As a result, the global requirements need to be adjusted into national law of states. States are bound both legally and politically to verdicts of International organizations. The process of regulation and decision making in International organizations should be based on democratic procedures of member states either in the construction of final draft or in negotiation and arrangement of regulation or resolution drafts. Specifically, this article discusses recent development of international treaties relating to aviation from both operational and economic aspects. Following Assembly 39th Session, ICAO, member states of ICAO, including Indonesia, made several multilateral agreements. The ratification of International treaties should consider the effects on legal, political, and security aspects. For Indonesia, one of the aspects that should never be neglected is strategic airspace, both geographically and geopolitically.

scholarly journals IMPLEMENTATION OF INTERNATIONAL COMMITMENTS UNDERTAKEN MEMBER STATES WITHIN THE FRAMEWORK OF THE EURASIAN ECONOMIC UNION

2017 ◽  
Vol 3 (3) ◽  
pp. 109-118
Author(s):  
Андрей Морозов ◽  
Andrey Morozov
Keyword(s):  
International Organizations ◽  
Structural Method ◽  
Legal Analysis ◽  
International Treaties ◽  
Member States ◽  
Eurasian Economic Union ◽  
Legal Method ◽  
Logical Method ◽  
International Obligations ◽  
Economic Union

The article explores the issues related to the fulfillment of international obligations accepted by the member states within the framework of the Eurasian Economic Union, on the basis of an analysis of international legal and domestic legal acts. The purpose of the article is to develop scientifically grounded recommendations and proposals on improving the legal mechanisms for the fulfillment by Member States of international obligations arising from international legal acts operating within the framework of the Eurasian Economic Union. Tasks of the article: analysis of the provisions of the Treaty on the Eurasian Economic Union of May 29, 2014, concerning the application and implementation of decisions adopted by the bodies of the Eurasian Economic Union; an analysis of the regulatory legal acts of the member states of the Eurasian Economic Union affecting the implementation of international obligations arising from international treaties and decisions of international organizations; comparative legal analysis of the provisions of the constitutions of the member states of the Eurasian Economic Union on the place of international treaties in national legal systems; development of proposals on the improvement of legal mechanisms for the implementation of international obligations adopted within the framework of the Eurasian Economic Union. Among the methods used in the preparation of the article, it is necessary to distinguish the dialectical method, the philosophical method, the formal logical method, the system-structural method, the historical method, the formal legal method, the method of interpreting the law, the comparative legal method, the method of expert appraisal, the method Legal modeling and forecasting. In the article, based on the results of the study of international legal acts, legislative and by-laws of the member states of the Eurasian Economic Union, as well as scientific developments, proposals were made to improve the legislation of the Russian Federation in the field of fulfilling international obligations, the source of which are decisions of international organizations, including the Eurasian Economic Union.

Authoritarian Regionalism in the World of International Organizations

2019 ◽  
Author(s):  
Anastassia V. Obydenkova ◽  
Alexander Libman
Keyword(s):  
International Organizations ◽  
World Wide ◽  
World Politics ◽  
Regional Organizations ◽  
Member States ◽  
Post Cold War ◽  
The World ◽  
Important Addition ◽  
Set Up ◽  
Trade Conflicts

The post-Cold War world has witnessed the extensive development of regional international organizations world-wide. The realtionship between their membership and democratization remains a topic of intense scholarly debate. This book opens up a new aspect of the debate by examining regional organization as set up by autocracies (e.g. Iran, Saudi Arabia, Venezuela, Russia, and China)—referring to them as “non-democratic regional organizations.” How do these newly emerged organizations counteract and confront the democratization process in their own member states and beyond their borders? How and why do the political regimes, the economic development and the cultures of their member states impac the foundation and development of these organizations? What influence do these organizations have on migration, trade, conflicts, and democratization? The book addresses these questions by developing a new theory of authoritarian regionalism. Employing quantitative analysis of authoritarian regionalism world-wide and its historical development since the 1950s, as well as analysing case studies of post-Soviet Eurasia, the book argues that authoritarian regionalism is a new phenomenon in world politics and that modern non-democratic organizations differ from their historical predecessors and that their influence has radically increased in terms of geographic scope and intensity in the last few years. As such, authoritarian regionalism is an important addition to studies of comparative regionalism and the international dimension of authoritarianism. From the policy perspective, non-democratic regional organizations pose a challenge for Western actors in promoting democracy around the world.

scholarly journals Measuring the Cost of Privacy: A Look at the Distributional Effects of Private Bargaining

2015 ◽  
Vol 46 (4) ◽  
pp. 861-889 ◽  
Author(s):  
Jeffrey Kucik ◽  
Krzysztof J. Pelc
Keyword(s):  
International Organizations ◽  
World Trade ◽  
Policy Making ◽  
Dispute Settlement ◽  
Trade Flows ◽  
Third Party ◽  
Wto Dispute Settlement ◽  
The World ◽  
The Cost ◽  
Domestic Law

Transparency is one of the most contested aspects of international organizations. While observers frequently call for greater oversight of policy making, evidence suggests that settlement between states is more likely when negotiations are conducted behind closed doors. The World Trade Organization’s (WTO) legal body provides a useful illustration of these competing perspectives. As in many courts, WTO dispute settlement is designed explicitly to facilitate settlement throughprivateconsultations. However, this study argues that the privacy of negotiations creates opportunities for states to strike deals that disadvantage others. Looking at product-level trade flows from all disputes between 1995 and 2011, it finds that private (early) settlements lead to discriminatory trade outcomes – complainant countries gain disproportionately more than the rest of the membership. When the facts of a case are made known through a ruling, these disproportional gains disappear entirely. The article also finds that third-party participation – commonly criticized for making settlement less likely – significantly reduces disparities in post-dispute trade. It then draws parallels to domestic law and concludes with a set of policy prescriptions.

scholarly journals Congress Underestimated: The Case of the World Bank

2013 ◽  
Vol 107 (3) ◽  
pp. 517-562 ◽  
Author(s):  
Kristina Daugirdas
Keyword(s):  
World Bank ◽  
International Organizations ◽  
Democratic Governance ◽  
Policy Outcomes ◽  
Direct Influence ◽  
Share Decision Making ◽  
Member States ◽  
The World Bank ◽  
The World ◽  
National Legislatures

International organizations undermine democracy, or so their critics charge: not only do international organizations themselves operate undemocratically, but they undercut democratic governance within their member states. In particular, when states participate in international organizations, they lose control over policy outcomes because each state must share decision-making authority with other member states. And within member states, national legislatures—the bodies specifically designed to be responsive to popular control—are marginalized. Legislatures lack direct influence over international organizations and also have little influence over the executive branch’s interactions with such organizations.

International Organizations and Foreign States: Participants in Civil Law Relations in Russia

2004 ◽  
Vol 29 (1) ◽  
pp. 15-34
Author(s):  
Vladimir Kanachevskii
Keyword(s):  
International Organizations ◽  
Legal Status ◽  
Civil Law ◽  
International Organization ◽  
International Treaties ◽  
Legal Personality ◽  
Domestic Legislation ◽  
Characteristic Features ◽  
Domestic Law

AbstractThe author examines the legal status of international organizations and foreign states in trade and commerce in the Russian Federation. The specifi c issues which are touched upon by the author include general problems of the participation of public entities—such as international organizations as legal persons and the immunity of foreign states and international organizations—in civil law relations. The author concludes that domestic legislation should not be considered to be the only source of law for regulating private international relations involving states; practice illustrates that international treaties are also a source of such rules and regulations. Special attention in this article is devoted to characteristic features of the legal personality of international organizations, the sources of law regulating relations in which international organizations participate, the role of domestic law and internal rules of international organization itself, the various aspects of the legal capacity of international organizations as subjects of Russian civil law including agreements involving international organizations, the legal status of their separate divisions, issues relating to the property rights of international organization, and the civil law status of representatives of foreign states attached to international organizations (and their civil servants). The legal base for this research is formed by international treaties, the charters and internal rules of international organizations, and rules of Russian civil legislation as well as decisions of Russian and international judicial bodies. By way of conclusion, the author postulates that it is wise for domestic (and foreign) natural and legal persons, which enter into relations with the international organizations and foreign states, to take into consideration the specifi c nature of the above-mentioned subjects. In practice, this may result in dismissal of a plaintiff 's claim in a RF court where the defendant is an international organization or foreign state. It may thereby be impossible to hold such an organization or state civilly liable (without its consent) for breaching a contractual undertaking.

Nature of International Organizations and Purpose of Their Immunity

2018 ◽  
Author(s):  
Edward Chukwuemeke Okeke
Keyword(s):  
International Relations ◽  
International Cooperation ◽  
International Organizations ◽  
Legal Process ◽  
Member States ◽  
World Community ◽  
Vital Functions ◽  
The World

This chapter addresses the nature of international organizations and the purpose of their immunity. International organizations are created by their constituent member States to discharge vital functions and responsibilities on their behalf, and in some cases on behalf of the world community as a whole. They are established to offer cooperative and concerted approaches to common challenges and some problems that have the best chance of being solved through multilateral actions. Although States remain the primary actors in international relations, international organizations have joined the arena to provide the platform that enables different States to work together. International cooperation by States has become a necessity. To achieve their objectives, international organizations are granted certain privileges and immunities by their member States: in particular, jurisdictional immunity, which protects them from legal process. It is well settled that international organizations require those immunities that are necessary for them to fulfill their functions.

¿ES POSIBLE LA PROTECCIÓN INTERNACIONAL DE LOS DERECHOS DE LOS CONTRIBUYENTES?

SCIENTIARVM ◽  
2015 ◽  
Vol 1 (1) ◽  
pp. 19-22
Author(s):  
SILDA VALDEZ VELAZCO ◽  
Keyword(s):  
Human Rights ◽  
Key Words ◽  
International Organizations ◽  
European Convention ◽  
International Treaties ◽  
Key Words Human ◽  
Member States ◽  
European Court

ABSTRACT: In the present investigation, we seek to describe and establish how two international organizations such as the Inter-American Court of Human Rights and the European Court of Human Rights, precisely responsable for the protection of the human rights of the citizens of their member states, have managed to concretize the protection of the rights of taxpayers despite their poor regulation in international treaties base on those that impart justice. Thus, some of the cases in which there has been a ruling on tax issues are analyzed, the facts, the rights protected and how this protection has finally been materialized in specific cases. Key words: Human Rights, taxpayers, American Convention on Human Rights, European Convention on Human Rights, taxation.

THE CIVILIAN IN MODERN WAR

2009 ◽  
Vol 12 ◽  
pp. 13-51 ◽  
Author(s):  
A. Roberts
Keyword(s):  
Civil Wars ◽  
International Organizations ◽  
Collateral Damage ◽  
International Treaties ◽  
World Today ◽  
The World ◽  
Asymmetric Conflicts ◽  
Modern War ◽  
Widespread View

AbstractThere is a widespread view that civilians are worse off in today' wars than ever before. Civilians are often deliberately targeted by belligerents or are victims of ‘collateral damage’. They form the majority of victims of landmines. They are used as human shields. They are displaced from their homes, even from their country. They are affected, often more than soldiers, by the pestilence, famine and displacement that wars bring in their wake. They are often particularly vulnerable in the types of war that are most prevalent in the world today – including civil wars and asymmetric conflicts. Children are forced to become soldiers. How can it be that the lot of civilians in war remains so dire, when so much attention has been paid to the protection of civilians in war – not just in international treaties, but in the work of international organizations and also that of numerous humanitarian bodies?

scholarly journals Implementation of acts of the Eurasian Economic Union in Belarusian legislation

Pravovedenie ◽  
2019 ◽  
Vol 63 (3) ◽  
pp. 381-392
Author(s):  
Alena F. Douhan ◽  
Keyword(s):  
International Organizations ◽  
National Level ◽  
Legal Regulation ◽  
International Treaties ◽  
Member States ◽  
Eurasian Economic Union ◽  
The Status ◽  
Economic Union ◽  
The Republic ◽  
Characteristic Features

Currently, international organizations are increasingly making binding decisions on member states. At the same time, unlike the implementation of international treaties, the mechanism for implementing acts of international organizations is poorly regulated in national law, including the Republic of Belarus. The Eurasian Economic Union (EAEU), established in January 2015, is empowered to adopt obligatory acts, some of which should be directly applied on the territory of EAEU member states. As a result, the traditional mechanisms for the implementation of acts of international organizations at the national level are no longer sufficient and require detailed legal regulation. The article reveals the legal basis for the implementation of acts of the Eurasian Economic Union in Belarus’ legal system. The work examines the status, types and specifics of acts adopted by the EAEU bodies, identifies the characteristic features of the implementation of these acts at the national level and specifies applicable terminology. In particular, special attention is paid to the legality of the use of terms “implementation” and “actualization” concerning the transfer of norms of the EAEU acts to the national legislation of its member states. The article considers the possibility of implementing obligatory acts of international organizations, especially those, which are supposed to be directly applied at the national level. Emphasis is placed on identifying the existence of an obligation to implement obligatory decisions of the EAEU Commission as well as their implementation in the Republic of Belarus. Based on the study, it was demonstrated that the majority of obligatory acts of the EAEU are implemented in Belarus by means of different types of references. The article also identifies the place of the EAEU acts in the hierarchy of legal acts of the Republic of Belarus.

International Civil Aviation Organization

1960 ◽  
Vol 14 (1) ◽  
pp. 209-210
Keyword(s):  
International Organizations ◽  
Technical Assistance ◽  
The United States ◽  
Civil Aviation ◽  
International Civil Aviation Organization ◽  
Average Increase ◽  
Safety Level ◽  
Member States ◽  
Financial Situation ◽  
And Training

The twelfth session of the International Civil Aviation Organization (ICAO) Assembly met in San Diego, California, from June 16 to July 9, 1959. Represented at the meeting, which was presided over by E. R. Quesada of the United States, were 63 member states, 2 non-member states, and 9 international organizations. After statements by Mr. Quesada and various delegations, the President of the ICAO Council reviewed the activities of the organization since the last Assembly meeting in Montreal. He stated that the greater activity of the organization, which had originated in the directives of the Caracas Assembly in 1956, had continued throughout 1958 and 1959, but the launching of the jet age in October 1958 had radically influenced all developments in civil aviation. Moreover, the airline traffic situation in 1958 had not been a good one, as its rate of expansion, measured in passenger-kilometers, had only been 5.2 percent, compared to the customary 15 percent average increase; however, the same good safety level as in 1957 had been maintained, and the year had witnessed the establishment of several new international routes and a very fast growth in international civil aviation, so that specification and plans had to undergo continual revision. Regarding the financial situation of the world's scheduled airlines, the figures for 1958 could only represent preliminary estimates, but they indicated a further deterioration in the financial picture. The Organization itself had nevertheless continued its technical assistance activities throughout the year, mostly along the lines of advice and training in the ground services connected with civilaviation.

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