Belligerent Aircraft, Neutral Trade, and Unpreparedness

1935 ◽  
Vol 29 (2) ◽  
pp. 197-205
Author(s):  
Charles Warren
Keyword(s):  
International Law ◽  
International Agreements ◽  
Long Distance ◽  
International Lawyer ◽  
The Gift ◽  
The Law ◽  
The Times ◽  
Naval Officers ◽  
Industrial Economic

While a duty of preparedness for war is constantly urged upon American statesmen and upon military and naval officers, the fact is too often overlooked that there is also a duty of preparedness resting upon American statesmen, jurists, and legal authors to keep abreast of the times, or even in advance of the times, in connection with rights and duties affected by war. A prominent international lawyer has written that “as the flag of a nation follows the territorial explorations of its subjects, jurisprudence follows the path of science.” This broad statement must be qualified by the admission that jurisprudence only follows at a very long distance. Too rarely do statesmen and lawyers try to visualize changing industrial, economic, social, and governmental conditions, and to promote, in advance, needful corresponding changes in the law. Especially in connection with international law and international agreements is the gift of imagination lacking, the possession of which is necessary in order to attain preparedness in any field.

International Agreements: Recent U.S.-UK Practice Concerning the Memorandum of Understanding

1994 ◽  
Vol 88 (4) ◽  
pp. 821-826 ◽  
Author(s):  
John H. McNeill
Keyword(s):  
International Law ◽  
International Agreements ◽  
Classic Work ◽  
Legal Instrument ◽  
The Law

The memorandum of understanding (MOU) is a well-accepted type of legal instrument in international law and practice. Indeed, it was recognized as such by the British expert Lord McNair, who, in his classic work on the law of treaties, identified the MOU as “an informal but nevertheless legal agreement” between two or more parties.

POLICE DUTIES IN PROCEEDINGS CONCERNING FAMILY MATTERS OF MINORS UNDER SELECTED EU AND INTERNATIONAL LAW (WITH PARTICULAR REFERENCE TO CASES OF CHILD ABDUCTION)

2020 ◽  
Vol 138 (2) ◽  
pp. 109-120
Author(s):  
Anna Franusz
Keyword(s):  
European Union ◽  
International Law ◽  
Relevant Information ◽  
International Agreements ◽  
Central Authority ◽  
European Union Law ◽  
Child Abduction ◽  
The Law

The interests of children are of paramount importance, therefore it is sometimes necessary for the authorities to interfere in matters relating to their custody, when a child is likely to have been wrongfully removed or retained in breach of the rights of custody attributed to a person, an institution or any other body (child abduction). Therefore a number of international and European Union legal acts impose on national legislators the obligation to introduce mechanisms involving central authorities into cooperation with each other and promoting cooperation amongst the competent authorities in their respective states to make proper discoveries to secure the prompt return of children. For this purpose, the Law of 26 January 2018 on the exercise of certain acts of the central authority in family matters relating to legal transactions under European Union law and international agreements was adopted. Pursuant to its provisions, Police offi cers shall, by virtue of their specifi c powers, assist the central authority and the courts on matters relating to the abduction of minors abroad. Their role is mainly linked to providing the authorities with relevant information, assisting the probation offi cer, and searching the place where the minor is presumed to be living.

scholarly journals Problemas de Derecho Internacional Privado en la contratación de seguros: especial referencia a la reciente directiva (UE) 2016/97 sobre la distribución de seguros = Private International Law problems of the international insurance contracts: the newdirective (UE) 2016/1997 about distribution of insurance

2017 ◽  
Vol 9 (2) ◽  
pp. 39
Author(s):  
Hilda Aguilar Grieder
Keyword(s):  
European Union ◽  
International Law ◽  
Contract Law ◽  
International Agreements ◽  
Insurance Market ◽  
Private International Law ◽  
Insurance Contracts ◽  
Different Types ◽  
The Law ◽  
Conflict Of Law

Resumen: El presente estudio analiza uno de los sectores jurídicos más complejos de la contratación internacional: el de los seguros; en el cual existe una amplia variedad de contratos. En concreto, en el mercado asegurador se vislumbra una dispersión en el tratamiento, tanto de los problemas de competencia judicial internacional, como de los de Derecho aplicable. El tratamiento ante estos problemas depende, muy especialmente, del tipo de contrato de que se trate.Palabras clave: Unión Europea, Derecho Internacional Privado, contratos internacionales, contratación de seguros en el ámbito internacional.Abstract: This study analyses one of the most difficult problems of the international contract law: the law applicable to the insurance contracts and other contracts involve in the insurance market. In the insurance field there are different types of contracts, and the conflict of law rules and law applicable is different for each kind of contract. This led to a fragmentation of the conflict of law solutions relating to insurance.Keywords: European Union, Private International Law, international agreements, international insurance contracts

The Chaotic Status of the Laws of War and the Urgent Necessity for Their Revision

1951 ◽  
Vol 45 (1) ◽  
pp. 37-61 ◽  
Author(s):  
Josef L. Kunz
Keyword(s):  
International Law ◽  
Wishful Thinking ◽  
Laws Of War ◽  
Total War ◽  
International Lawyer ◽  
Dark Ages ◽  
Full Picture ◽  
The Law ◽  
Urgent Necessity

Once more, as he did sixteen years ago, this writer wants to raise his voice in order to point at the actual chaotic status of the laws of war, at the grave inherent dangers, and at the urgent necessity for the revision of this part of international law. The problem involves the very survival of our Western Christian civilization, if not of mankind. Under these circumstances it becomes the duty of an international lawyer to treat this subject, notwithstanding its “unpopularity” since 1920. It was Grotius who, under the impression of the “total war” of thirty years urged upon men the necessity of the “temperamenta belli.” It is amazing to see that the men of this generation, living under a more terrible total war, turn their backs upon the laws of war. This neglect is the outcome of different and often contradictory ideologies: indifference, apathy, over-optimistic wishful thinking, political wishes to keep one’s hands free in the next war, and pessimistic fatalism. All the arguments for this neglect are untenable, are in contradiction with the law as well as the facts; and yet, strong drives by writers and statesmen have nearly succeeded in putting over men a veil of voluntary blindness in adopting a policy of the ostrich which may lead to disaster, to the return of new and more terrible “dark ages.” A full exposé would need a book, not an article. But while no full picture can be given here, it will be attempted to give, at least, a complete sketch, dealing with the law and the facts, with the arguments pro and con.

Rereading Grotius in the Year 1940

1940 ◽  
Vol 34 (3) ◽  
pp. 459-472 ◽  
Author(s):  
Durward V. Sandifer
Keyword(s):  
International Relations ◽  
International Law ◽  
Annual Meeting ◽  
International Lawyer ◽  
Law Of Nations ◽  
The Law ◽  
American Society ◽  
Set Up

“We await a jurist with the mastery of the legal materials, the philosophical vision, and the juristic faith which enabled Grotius to set up a law of nations almost at one stroke,” declared Dean Pound in concluding his address before the Thirty-Third Annual Meeting of the American Society of International Law on “The Idea of Law in International Relations.” That is a statement which challenges the attention and arouses the curiosity of a present-day international lawyer. Although accustomed as such a lawyer is to the notion of Grotius as the founder and father of the law of nations, it is a little startling to be told that the answer to the current dilemma of international law is contingent upon the advent of a jurist with his accomplishments. What is there in his De Jure Belli ac Pads to warrant such confidence? What would he have to offer as a guide to a lawyer seeking to extend and to reenforce the domain of law in international relations?

Identifying a Principle of International Law Today

1974 ◽  
Vol 11 ◽  
pp. 106-122
Author(s):  
S. Prakash Sinha
Keyword(s):  
Eighteenth Century ◽  
International Relations ◽  
International Law ◽  
General Application ◽  
International Lawyer ◽  
Law Of Nature ◽  
Law Of Nations ◽  
The Will ◽  
The Law

The midwives of international law, Gentili, Grotius, Vitoria, Suarez, Pufendorf, and Wolff, found the principles of this law in the law of nature. This, in turn, was derived by some of them from the law of God and by others from the law of reason. But, as the law of nations grew and its content developed, its derivation was established, particularly with Vattel in the middle of the eighteenth century, from the will of states rather than from the law of nature. Today’s international lawyer simply inherits the principle of identification whereby international-law rules of general application are created by international custom. (This custom is produced by that kind of practice of states relating to a matter of international relations which is concordant and general and is accompanied by the conviction of states that it is obligatory under international law.) The application of this principle of identification, however, is not so simple because of the appearance of three new situations.

The Implementation of the Modern Law of Armed Conflicts

1973 ◽  
Vol 8 (1) ◽  
pp. 1-22
Author(s):  
G. I. A. D. Draper
Keyword(s):  
International Law ◽  
Effective Means ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
Vanishing Point ◽  
Law Of War ◽  
International Lawyer ◽  
Geneva Conventions ◽  
The Law

The late Sir Hersch Lauterpacht once expressed the view that “if international law is, in some ways, at the vanishing point of law, the law of war is, perhaps, even more conspicuously, at the vanishing point of international law”. This led him to the conclusion that the international lawyer must therefore do his duty, in the three particular areas to which he was then drawing the attention of his readers, “with determination though without complacency, and perhaps not always very hopefully”. The three spheres which Lauterpacht considered as meriting the attention of international lawyers at the time at which he wrote, 1953, were “further legal regulation of the humanitarian fringe of the problems involved in the use of new weapons of war, sustained exposition and clarification of the far-reaching provisions of the 1949 Geneva Conventions, and the further clarification of matters not covered by the Geneva Conventions, including the implication of the principle that the law of war is binding not only upon States but also upon individuals”. This great jurist did not live to see the current endeavours that are being made to carry out a revision of the international law of war and the increasing attention that is being paid to the humanitarian content of that law, and even more specifically, to the quest for better and more effective means of implementation of that law.

Lawyers Who Established International Law in the United States, 1776–1914

1982 ◽  
Vol 76 (4) ◽  
pp. 802-829
Author(s):  
John M. Raymond ◽  
Barbara J. Frischholz
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
International Agreements ◽  
Gradual Evolution ◽  
The Law

In the late 18th and 19th, and the early 20th centuries invaluable contributions were made by lawyers to the establishment of international law in the United States. Their contributions took various forms, but all helped establish, clarify, or disseminate understanding of this branch of the law. Because of the ways international law develops, these people ranged from statesmen who established practices and doctrines in the international field that ultimately became the law, to those who participated in the development of important treaties and international agreements; and from judges who rendered significant decisions on points of international law, to scholars and others who were responsible for the gradual evolution of education and literature in the field.

scholarly journals Peace Agreements as International Legal Acts Protecting National Minorities: The Scope Ratione Personae

2021 ◽  
Vol 26 (5) ◽  
pp. 75-89
Author(s):  
Vita Czepek ◽  
Elżbieta Karska
Keyword(s):  
International Law ◽  
International Agreements ◽  
Armed Conflicts ◽  
Vienna Convention ◽  
National Minorities ◽  
Peace Agreements ◽  
State Actors ◽  
The Law ◽  
Rules Set ◽  
Peace Treaties

Abstract The issue of the protection of national minorities is regulated by acts of international law, frequently arising from international agreements that have been concluded to end armed conflicts or to regulate directly their consequences. Peace treaties concluded between states are governed by the rules set out in the Vienna Convention on the Law of Treaties. More and more peace agreements are, however, concluded by non-state actors. As indicated in Article 3 of the Convention, it cannot be excluded that these too would be international agreements, having effects in the sphere of international law. Such acts are concluded, inter alia, by insurgents or belligerents. In some cases, agreements ending non-international armed conflicts are concluded by domestic entities that are not subjects of international law. Such acts may reflect solutions that have been adopted as standards in international practice and in the provisions of international law. These do not necessarily have to be legally binding standards. They can also be framework solutions, including measures relating to the protection of national minorities, which are formulated and offered as proposals for specific regulations.

TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Literature Reviews ◽  
The Gift ◽  
The Status ◽  
The Law

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling

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