scholarly journals The Legality of the Blockades Instituted by Napoleon’s Decrees, and the British Orders in Council, 1806–1813

1916 ◽  
Vol 10 (3) ◽  
pp. 492-508 ◽  
Author(s):  
Archibald H. Stockder
Keyword(s):  
United States ◽  
International Law ◽  
Legal Status ◽  
The United States ◽  
Court Decisions ◽  
Legal Counsel ◽  
Large Measure ◽  
Foreign Countries ◽  
Exhaustive Study ◽  
The Times

No exhaustive study has, as yet, been made of the Napoleonic era with a view of determining the exact legal status of the blockades established by the British orders in council and the French decrees. It is the purpose of this work to point out the more salient features embodied in the principles of blockade during this period as set forth and laid down by the statesmen of the United States, Great Britain and France, together with their relations to the principles of international law. With this end in view, the treaties, conventions and diplomatic intercourse between the United States and these two foreign countries have been carefully studied. The opinions of statesmen and official legal counsel, as well as the diplomatic correspondence and the decisions of the admiralty courts must be accepted as, in a large measure, establishing the international principles upon which the legality of the various acts may be determined. Court decisions during this period, however, are too much influenced by expediency, made necessary by the demands of the times, to be unconditionally accepted as the last word on the legality of the points in question; but they will nevertheless be freely used.

scholarly journals AKIBAT HUKUM PERATIFIKASIAN PERJANJIAN INTERNASIONAL DI INDONESIA: STUDI KASUS KONVENSI PALERMO 2000

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Wisnu Aryo Dewanto
Keyword(s):  
United States ◽  
International Law ◽  
Legal System ◽  
Legal Status ◽  
National Level ◽  
The United States ◽  
Legal Practice ◽  
Indonesian Government ◽  
International Obligations ◽  
Legal Consequences

<p><strong><em>A</em></strong><strong><em>bstract</em></strong><strong><em></em></strong></p><p><em>Ratification in</em><em> Indonesia does not have any legal consequences for the application of the treaties at national level.  The reason is that ratification only binds Indonesia as a subject of international law. In comparison, parliamentary approval in the Indonesian context is not the same as the United States Senate’s approval. </em><em>The Indonesian Government signed the Palermo Convention on December 12, 2000 and ratified it on April 20, 2009. The issue discussed here regards the legal status of this Convention.  In the 80’s it was assumed that any treaties ratified or acceded, would ipso facto be enforceable in Indonesia. I argued that Indonesia should be regarded as a state applying the monist approach, which legal practice seems to reject.  I stand for the monist approach especially with regard to the legal status of the 2000 Palermo Convention. In addition I also argue about the importance of differentiating between Indonesia’s international obligations and the issue of direct applicaton of the Convention by national couts.</em></p><p> </p><p align="right"><strong><em>Keywords: </em></strong><strong><em></em></strong></p><em>Ratification, Integration, Implementation, Treaty, Indonesia’s legal system</em>

Congress Enacts Increased Protections for Sunken Military Craft

2006 ◽  
Vol 100 (3) ◽  
pp. 649-663 ◽  
Author(s):  
David J. Bederman
Keyword(s):  
United States ◽  
International Law ◽  
Legal Status ◽  
The United States ◽  
Fiscal Year ◽  
National Defense ◽  
Military Aircraft ◽  
International Convention ◽  
Cultural Organization ◽  
Foreign Governments

The domestic and international legal status of warships and military aircraft submerged in United States waters or in international waters has been quite contentious of late. It has resulted in some notable litigation in U.S. courts, a presidential statement on U.S. policy, official lodgings of positions by foreign governments with the United States, a proposed international convention drafted by the United Nations Educational, Scientific and Cultural Organization (UNESCO), and other developments that have previously received notice in the pages of this Journal. In a somewhat surprising turn, Congress, in October 2004, adopted as part of the National Defense Authorization Act for Fiscal Year 2005 a set of provisions known as the Sunken Military Craft Act (SMCA). This essay briefly traces the trajectory of developments in this sector of international law, analyzes the provisions of the SMCA, and offers a critique of the underlying policy and legal assumptions of that statute in light of those developments.

scholarly journals Solusi Perselisihan Konsulat Jenderal dan Kedutaan Besar Amerika Serikat di Indonesia dengan Staf Warga Negara Indonesia

Lentera Hukum ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Eunike Giovani Fernanda ◽  
Ida Bagus Oka Ana
Keyword(s):  
United States ◽  
Supreme Court ◽  
International Law ◽  
United States Of America ◽  
Legal Status ◽  
The United States ◽  
Legal Issue ◽  
Local Staff ◽  
Diplomatic Immunity

Indra Taufiq, an Indonesia citizen, a former local staff working for the United States of America Consulate General in Medan, brought an appeal to the Indonesian Supreme Court to the United States of America Consulate General in Medan and its embassy to pay Indra Taufiq’s termination of employement rights. Although the verdict of the cassation was won by Indra Taufiq, the consulate general and the embassy of the United States of America refused to carry out the court's verdict on the grounds of diplomatic immunity. This is a legal issue that should be reviewed in terms of the perspective of international law related to the legal status of diplomatic or consular representation in Indonesia and what should be done Indonesia to protect the rights of Indonesian citizens workers. Keywords: Diplomatic and Consular Immunity, Dispute, Citizens

International Law, US Foreign Policy and Post-9/11 Islamic Fundamentalism: The Legal Status of the 'War on Terror'

2008 ◽  
Vol 77 (1-2) ◽  
pp. 87-103
Author(s):  
Javaid Rehman ◽  
Saptarshi Ghosh
Keyword(s):  
United States ◽  
Foreign Policy ◽  
United Nations ◽  
International Law ◽  
War On Terror ◽  
Legal Status ◽  
The United States ◽  
United States Government ◽  
Significant Activity ◽  
The United Nations

AbstractThe days immediately after 11 September 2001 saw considerable tension, anger and anxiety. These politically charged days witnessed significant activity within the United Nations and various agencies of international law. The world community rightly condemned the 9/11 attacks as cowardly actions and an unforgivable crime against humanity. The entire global public opinion expressed sympathy for the victims of 9/11 and empathised with the people of the United States. The show of human solidarity as well as the Resolutions within the United Nations were the responses from the international community and international law to the terrorist attacks on the United States. It becomes, therefore, quite ironic that the enormity of the 9/11 human tragedy was used by the United States government to undermine the established norms, practices, principles and framework of international law. Over the past six years, the United States foreign policy has continued to violate international law and brutalise human dignity. This paper critically examines the systematic violation of international norms under the banner of 'war on terror'. It takes the view that the 'war on terror' has had exactly the effect which it proclaimed to prevent-namely the growth of radicalisation, terrorism and Islamic extremism.

A Legal Perspective on the Organization–Volunteer Relationship

2018 ◽  
Vol 48 (2_suppl) ◽  
pp. 12S-29S
Author(s):  
Joseph Mead
Keyword(s):  
United States ◽  
Legal Status ◽  
Nonprofit Organization ◽  
The United States ◽  
Court Decisions ◽  
Legal Rules ◽  
Program Participant ◽  
Legal Obligations ◽  
Legal Perspective ◽  
The Relationship

How does law view and shape the relationship between nonprofit organization and volunteer? To address this question, I draw on information from statutes, court decisions, and agency guidance from both the federal and state law in the United States. In general, “volunteer” is not a legally defined category in the United States, leaving a volunteer’s legal status to depend on whether the volunteering aligns with other, recognized types of relationships, such as employer–employee, principal–agent, or program–participant. By providing a synthesis of these varied legal rules as they apply to volunteers working for a nonprofit organization, this piece identifies different ways of describing the relationship between organization and volunteer, and the legal obligations and benefits that flow as a result.

scholarly journals On the Issue of Discrimination Based on Genetic Status: Legal Approaches in the Judicial Practice of Foreign States

2021 ◽  
Vol 8 (1) ◽  
pp. 129-144
Author(s):  
D. V. Ponomareva
Keyword(s):  
United States ◽  
International Law ◽  
United States Of America ◽  
Genetic Information ◽  
Social Life ◽  
The United States ◽  
Apply Genetic ◽  
Judicial Practice ◽  
Foreign Countries ◽  
Genetic Status

This paper is devoted to the consideration of legal approaches to discrimination based on genetic status, formulated by the judicial practice of a number of foreign countries: Australia, the United States of America and Canada. The author notes that the regulatory framework for combating discriminatory practices based on genetic status has developed at the level of international law with the adoption of key documents in the relevant area. The author makes a conclusion about the ways to apply genetic information, which often acts as a “tool” for the implementation of discriminatory practices. As genetic testing becomes more widespread, the challenge will inevitably arise to determine what role genetic information should play in human and social life.

The Abuse of Ambiguity: The Uncertain Status of Omar Khadr under International Law

2013 ◽  
Vol 50 ◽  
pp. 95-161 ◽  
Author(s):  
Ryan Liss
Keyword(s):  
United States ◽  
International Law ◽  
Legal Status ◽  
The United States ◽  
International Humanitarian Law ◽  
Child Soldier ◽  
Humanitarian Law ◽  
Unresolved Question ◽  
Guantanamo Bay

SummaryThis article addresses the unresolved question of the international legal status, and resulting rights, of Omar Khadr — a Canadian national detained by the United States on the battlefield in Afghanistan at the age of fifteen and subsequently incarcerated at Guantanamo Bay. The article focuses primarily on Khadr’s potential status as an “unlawful combatant” and as a child soldier. Acknowledging that there has been a great deal of scholarly debate surrounding these issues, it provides an overview of this debate through the lens of Khadr’s particular case. As the author observes, international law surrounding each aspect of Khadr’s status is far from clear. However, even accepting the existence of controversy and ambiguity surrounding Khadr’s status, the author argues that the United States and Canada have, seemingly, sought to exploit this ambiguity in order to justify disregard for his rights. The article concludes by observing that this approach is, in itself, contrary to the foundational principles of international humanitarian law.

More than victims: Resiliency of undocumented Latinas near Chicago, United States, and the strategic use of psychological suffering in obtaining legal status

2019 ◽  
Vol 16 (3) ◽  
pp. 361-368
Author(s):  
Stephanie Jean Kohl
Keyword(s):  
United States ◽  
Domestic Violence ◽  
Legal Status ◽  
The United States ◽  
Immigration Law ◽  
Application Process ◽  
Theoretical Concepts ◽  
Psychological Suffering ◽  
Visa Application ◽  
Biological Citizenship

Caught between abusive partners and restrictive immigration law, many undocumented Latina women are vulnerable to domestic violence in the United States. This article analyzes the U-Visa application process experienced by undocumented immigrant victims of domestic violence and their legal advisors in a suburb of Chicago, United States. Drawing on theoretical concepts of structural violence and biological citizenship, the article highlights the strategic use of psychological suffering related to domestic violence by applicants for such visas. It also investigates the complex intersection between immigration law and a humanitarian clause that creates a path towards legal status and eventual citizenship.

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

ОСОБЕННОСТИ ПОДГОТОВКИ КАДРОВ ДЛЯ ПЕНИТЕНЦИАРНОЙ СИСТЕМЫ В США

2020 ◽  
Author(s):  
Vladimir Unterov ◽  
Elizaveta Eremeeva
Keyword(s):  
United States ◽  
The United States ◽  
Training System ◽  
Modern World ◽  
Foreign Experience ◽  
Foreign Countries ◽  
Personal Qualities ◽  
The Russian Federation ◽  
Prison Systems ◽  
Correction System

Статья посвящена изучению зарубежного опыта подготовки кадров для пенитенциарных систем. Его анализ и рассмотрение возможности внедрения отдельных элементов направлены на совершенствование системы подготовки сотрудников для уголовно-исполнительной системы России, повышение их профессионального уровня, что в конечном счете будет способствовать достижению главной цели УИС - исправлению осужденных. Авторы особое внимание уделяют изучению специально-профессиональных и личностных качеств, необходимых сотрудникам пенитенциарных учреждений. В статье рассматриваются особенности подготовки сотрудников пенитенциарной системы в Соединенных Штатах Америки. Важнейшей задачей образовательных учреждений и центров по подготовке кадров для пенитенциарной системы США является обеспечение будущих сотрудников знаниями, необходимыми для выполнения профессиональных обязанностей в рамках предстоящей деятельности. Также авторы подчеркивают важность развития при подготовке будущих сотрудников не только профессиональных, но и личностных качеств.The article is devoted to the study of foreign experience in order to improve the training system for the Russian penal correction system. In particular, the training of prison officials in the United States of America is considered as one of the most developed States in the modern world. The improvement of the training process for the Russian penal correction system implies the development of international cooperation with the prison systems of foreign countries. The study of foreign experience of penitentiary education contributes to the improvement of the professional level of the staff of the Penal Correction Service and, ultimately, to the achievement of the main goal - correction of convicts. The authors pay particular attention to the study of specific professional and personal qualities required by potential prison staff. Since there have been significant positive changes in the formation of professional qualities of the future employee of the Russian penal correction system over the past decade, the main focus of the work is on the formation of personal (universal) qualities of the employee of the Federal Penal Correction Service of the Russian Federation, for which the positive experience of the United States is analyzed.

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