Political Arbitration under the General Act for the Pacific Settlement of International Disputes

1933 ◽  
Vol 27 (3) ◽  
pp. 469-490 ◽  
Author(s):  
Miroslas Gonsiorowski
Keyword(s):  
Great Influence ◽  
Hague Convention ◽  
Great Powers ◽  
Political Conflicts ◽  
The Pacific ◽  
The Common ◽  
The Hague Convention ◽  
Settlement Of Disputes ◽  
Final Settlement ◽  
First Time

The General Act for the Pacific Settlement of International Disputes, signed at Geneva, September 26, 1928, is intended to provide for the final settlement of every dispute, of whatever nature it may be. Chapter II is evoted to legal disputes, while Chapter III, Articles 21-28, lays down rules concerning the settlement of non-legal disputes. This idea of a recourse to arbitration for the settlement of purely political conflicts, which Chapter III puts forward, may appear to be inconsistent with a long evolution which has tended to emphasize the judicial character of arbitration. It is true that occasionally states have submitted such conflicts to an arbitral tribunal, but it is for the first time that a provision to this effect has been inserted in a multipartitetreaty. A treaty of this kind has a legislative character and exercises a great influence upon the development of international law. The importance of the General Act is all the greater since some twenty states, including three great Powers, have already ratified it. This treaty, which may be compared only to the Hague Convention,could largely contribute to a revision of the common conception of arbitration. Does it attempt to do so, or is it rather intended to leave this conception unchanged and to create a new method of pacific settlement? In either case, how should the new conception of arbitration be defined? Since purely political disputes cannot be settled by the application of a rule of law, are the powers of the tribunal unlimited? These questions deserve closer consideration, especially since the relevant provisions of Chapter III of the General Act have already inspired certain opinions which, it is believed, are not only contrary to the true meaning of this treaty, but also,if generally adopted, would destroy the very foundations of international arbitration. Now, one of the essential ideas underlying the General Act is not to impair in the least what has already proved useful, but to develop the existing means for the pacific settlement of disputes. Chapter III constitutes an important step forward. Its evolutionary character and its exact meaning can best be realized in the light of the practice of statesand of the jurisprudence of arbitral tribunals.

scholarly journals LANGKAH PENCEGAHAN KONFLIK BERSENJATA

2017 ◽  
Vol 1 (1) ◽  
pp. 68-85
Author(s):  
MAHFUD MAHFUD
Keyword(s):  
Armed Conflict ◽  
Early Stage ◽  
Hague Convention ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
Customary International Law ◽  
Peaceful Resolution ◽  
Present Context ◽  
The Hague Convention ◽  
Settlement Of Disputes

Abstract Completion of the armed conflict in both the legal and political framework set in customary international law and the Hague Convention I of 1899 and 1907 on the peaceful resolution of disputes, as well as the Charter of the United Nations. Mechanisms for resolving armed conflicts as well as measures to prevent the emergence of armed conflict refers to the two methods of dispute resolution, the peaceful resolution of disputes and the settlement of disputes by force or violence. Patterns in the context of conflict resolution approach more focused on the efforts of early stage to prevent the emergence of armed-conflict. Such efforts can be done with diplomacy and political mediation efforts by involving the various parties that are considered to be actors of peace. While humanitarian law in the context of normative law enforcement efforts imprinted on the situation of the ongoing war, one of its forms through foreign intervention in the ongoing armed conflict itself. In the present context of the humanitarian intervention of humanitarian law known as the Responsibility to Protect (R to P). In addition through the UN mechanism for the continuous efforts of the international community to prevent the emergence of armed conflict also involving a number of other actors who can be considered a partner for peace. One of them involving specific groups that can be considered a party to break the chain of armed conflict itself. One of them is through the mechanism of the Kimberley Process.

scholarly journals The Common Law Choice of Law Rules for Resulting and Constructive Trusts

2005 ◽  
Vol 54 (4) ◽  
pp. 855-883 ◽  
Author(s):  
Adeline Chong
Keyword(s):  
Common Law ◽  
Hague Convention ◽  
Choice Of Law ◽  
Foreign Law ◽  
The Common ◽  
The Hague ◽  
English Law ◽  
The Law ◽  
The Hague Convention ◽  
Rules Set

There is a dearth of authority and in-depth discussion concerning what the choice of law rules are for claims involving the assertion that property is held on a resulting or constructive trust. It is usually thought that the choice of law rules set out by the Hague Convention on the Law Applicable to Trusts and on their Recognition (hereafter the ‘Hague Trusts Convention’), as enacted into English law by the Recognition of Trusts Act 1987, apply. However, it is arguable that this is not so for some types of resulting and constructive trusts, namely those governed by a foreign law; or, at the very least, that some doubt exists as to whether the Hague choice of lawrules apply to all resulting and constructive trusts. It is therefore important that the common law choice of law rules for such trusts is clearly elucidated. Unfortunately, this is an area of the law that is distinctly undeveloped. The aim of this article is to consider what are or should be the common law choice of law rules for resulting and constructive trusts.

scholarly journals LANGKAH PENCEGAHAN KONFLIK BERSENJATA

2017 ◽  
Vol 1 (1) ◽  
pp. 68-85
Author(s):  
MAHFUD MAHFUD
Keyword(s):  
Armed Conflict ◽  
Early Stage ◽  
Hague Convention ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
Customary International Law ◽  
Peaceful Resolution ◽  
Present Context ◽  
The Hague Convention ◽  
Settlement Of Disputes

Abstract Completion of the armed conflict in both the legal and political framework set in customary international law and the Hague Convention I of 1899 and 1907 on the peaceful resolution of disputes, as well as the Charter of the United Nations. Mechanisms for resolving armed conflicts as well as measures to prevent the emergence of armed conflict refers to the two methods of dispute resolution, the peaceful resolution of disputes and the settlement of disputes by force or violence. Patterns in the context of conflict resolution approach more focused on the efforts of early stage to prevent the emergence of armed-conflict. Such efforts can be done with diplomacy and political mediation efforts by involving the various parties that are considered to be actors of peace. While humanitarian law in the context of normative law enforcement efforts imprinted on the situation of the ongoing war, one of its forms through foreign intervention in the ongoing armed conflict itself. In the present context of the humanitarian intervention of humanitarian law known as the Responsibility to Protect (R to P). In addition through the UN mechanism for the continuous efforts of the international community to prevent the emergence of armed conflict also involving a number of other actors who can be considered a partner for peace. One of them involving specific groups that can be considered a party to break the chain of armed conflict itself. One of them is through the mechanism of the Kimberley Process.

Part III Jurisdiction, Foreign Judgments and Awards, 16 Recognition and Enforcement of Foreign Judgments—The Traditional Rules

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Family Law ◽  
Common Law ◽  
Hague Convention ◽  
Administration Of Justice ◽  
Recognition And Enforcement ◽  
The Common ◽  
The Hague ◽  
Foreign Judgment ◽  
The Hague Convention

This chapter focuses on the recognition and enforcement of foreign judgments under the traditional rules. It begins with a discussion of the theory underlying recognition and enforcement, followed by an analysis of enforcement under the Brussels/Lugano system and family law. It then considers the principles on which the successful litigant may take advantage of a foreign judgment at common law, along with defences to recognition and enforcement of such judgments. It also examines direct enforcement of foreign judgments by statute such as the Civil Jurisdiction and Judgments Act 1982, Administration of Justice Act 1920, and the Hague Convention on Choice of Court Agreements 2005. Finally, it assesses the inter-relation of the common law rules of recognition and those provided by statute (other than the Civil Jurisdiction and Judgments Act 1982), especially in the fields of jurisdiction and defences, and the jurisdictional provisions of Brussels I Recast.

Some Suggestions as to the Permanent Court of Arbitration

1907 ◽  
Vol 1 (2) ◽  
pp. 321-329 ◽  
Author(s):  
Jackson H. Ralston
Keyword(s):  
Hague Convention ◽  
Human Beings ◽  
The Hague ◽  
The Hague Convention ◽  
National Governments ◽  
First Time

Through the Hague convention of 1899, for the first time by a general treaty, nations in effect agreed that under certain circumstances, at least, they were morally bound, as were ordinary corporations or mere private individuals, to submit the merits of their disputes to impartial examination. The old doctrine that the king, as the representative of Deity, could do no wrong and the newer fiction that national governments were sovereign—beyond the ordinary gauges of right and wrong—and were their own courts of last resort upon the rightfulness of their actions toward other governments, subject only to the arbitrament of war, were measurably impaired, the signatory nations admitting fallibility and agreeing that, composed as they were of an aggregate of individuals, like their component parts they might err, and that the question as to whether they had erred or not could fairly be determined by other human beings, perhaps no wiser, but certainly more impartial than themselves.

The Coördination of Inter-American Peace Agreements

1944 ◽  
Vol 38 (1) ◽  
pp. 4-19
Author(s):  
Charles G. Fenwick
Keyword(s):  
Buenos Aires ◽  
Arbitral Tribunal ◽  
International Conference ◽  
Peace Agreements ◽  
American States ◽  
The Pacific ◽  
Settlement Of Disputes ◽  
Final Settlement

During the course of some thirteen years, from the Fifth International Conference of American States at Santiago in 1923 to the Conference for the Maintenance of Peace at Buenos Aires in 1936, the American Republics adopted a wide variety of treaties and conventions dealing with the pacific settlement of disputes arising between them. These agreements cover all of the generally accepted procedures, except that of judicial settlement in the sense of submission to a permanent court as distinct from an arbitral tribunal. Each of the separate procedures appears to have been adopted without any plan of coordinating it with other procedures, with the result that there is duplication and overlapping of provisions and occasionally open contradiction. There is no logical progression of obligations so that a dispute could, at the initiative of a plaintiff State, go forward from one procedure to another until final settlement.

scholarly journals Morphological updates and molecular description of Heterosentis holospinus Amin, Heckmann, & Ha, 2011 (Acanthocephala, Arhythmacanthidae) in the Pacific Ocean off Vietnam

Parasite ◽  
2019 ◽  
Vol 26 ◽  
pp. 73 ◽  
Author(s):  
Omar M. Amin ◽  
Sara M. Rodríguez ◽  
Richard A. Heckmann
Keyword(s):  
X Ray ◽  
The Pacific ◽  
Metal Composition ◽  
Anterior Trunk ◽  
Gulf Of Tonkin ◽  
The Pacific Ocean ◽  
The Common ◽  
Halong Bay ◽  
First Time ◽  
Molecular Description

Heterosentis holospinus Amin, Heckmann & Ha, 2011 (Arhythmacanthidae) was first described from the striped eel catfish, Plotosus lineatus (Plotosidae) in Halong Bay, Vietnam. New morphological information, scanning electron microscope images, molecular analysis, and Energy Dispersive X-ray analysis (EDXA) of hooks of specimens of H. holospinus from a new collection from the common ponyfish, Leiognathus equulus (Leiognathidae), in Quang Binh, Gulf of Tonkin, Vietnam are reported here for the first time. Additional details of the anterior trunk cone, proboscis hooks, wholly spined trunk, duck-bill-like spines with micropores, and micropore distribution, are described. The unique metal composition of hooks (EDXA) demonstrated a considerably higher level of calcium and phosphorus but lower level of sulfur at the hook basal arch than at the hook tip and edge. An analysis of our new sequences of cytochrome oxidase 1 (COI) showed that H. holospinus had low genetic variation and two haplotypes.

Defining the Regulations of War in the Hague Convention of 1907

2016 ◽  
Author(s):  
Erazak Tileubergeno ◽  
Dana Baisymakova ◽  
Dinara Belkhozhayeva ◽  
Zhanar Moldakhmetova
Keyword(s):  
Hague Convention ◽  
The Hague ◽  
The Hague Convention

Peculiarities of the juvenile period of the native Chechen genotypes of willow leaf pear (Pyrus salicifolia Pall.)

2020 ◽  
Vol 62 ◽  
pp. 32-38
Author(s):  
E. A. Dolmatov ◽  
R. B. Borzayev ◽  
A. N. Shaipov
Keyword(s):  
Chestnut Soil ◽  
Crop Breeding ◽  
Juvenile Period ◽  
Period 2 ◽  
Russian Research Institute ◽  
The Common ◽  
One Year ◽  
First Time ◽  
Selection Of ◽  
Creative Cooperation

The results of the study of the duration of the juvenile period of indigenous Chechen willow leaf pear genotypes (Pyrus salicifolia Pall.) are given in connection with the acceleration of the breeding process and the use of selected forms in pear breeding for high precocity. The studies were carried out in 2016-2019 at OOO “Orchards of Chechnya” in accordance with the Agreement on creative cooperation with the Russian Research Institute of Fruit Crop Breeding. The work was carried out in accordance with generally accepted programs and methods. The objects of the study were one-year and two-year-old pear seedlings obtained from sowing seeds of selected dwarf and low-growing local Chechen forms of willow pear (P. salicifolia Pall.), laying fruit buds on annual growths and seedlings of Caucasian pear (P. caucasica Fed.), 20 500 pcs. of each specie. The aim of the research was to study the potential of precocity of willow pear seedlings and to reveal of selected forms with the greatest degree of this trait. Stratified seeds were sown in the sowing department of the OOO “Orchards of Chechnya” production nursery in April, 2017. The seedlings were grown according to the common technology in dryland conditions on the plot with chestnut soil. The first fl owering of plants was noted in the spring, 2019. As a result of the research, for the first time on a large number of the experimental material it was found that in the off spring of the indigenous Chechen willow leaf pear genotypes, the selection of a little more than 2% of seedlings with a very short juvenile period (2 years) was possible. They are of great interest in accelerating the breeding process and in the selection of new pear varieties with high precocity. 20 willow leaf pear genotypes were selected for the further use in breeding for high precocity and as sources of the trait of short juvenile period.

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