scholarly journals The establishment and development of the asylum institute (institution) in ancient states of the slavery period

2021 ◽  
Vol 66 ◽  
pp. 9-13
Author(s):  
A.Y. Golovach
Keyword(s):  
International Law ◽  
Ancient Egypt ◽  
Special Role ◽  
International Treaties ◽  
Dominant Form ◽  
Asylum Law ◽  
Ancient Times ◽  
The Difference ◽  
The Right ◽  
Ancient States

The article is devoted to the analysis of the institution of asylum in practice and interstate relations of the ancient states of the slave-owning period. The author draws attention to the reasons for the emergence of the right to asylum and characterizes the right to asylum on the example of Ancient Egypt, the Kingdom of Israel, Ancient Greece, Rome, India It is concluded that the practice of granting asylum in these states was not the same, which is explained by the difference in the number of persons to whom such asylum was granted. In particular, attention is paid to the provision of asylum to slaves and the difference in its application to a free person. Two forms of asylum are described in ancient states: religious and territorial. When analyzing the religious form of asylum, the author draws attention to the various places where such asylum could be provided, examples of its use are given. The reasons for the impossibility of this type of shelter in ancient India are explained. A description of the territorial asylum is given and examples of international treaties concluded by ancient states that confirm its existence are given. It is concluded that religious asylum, which is currently unknown to modern international law, was the dominant form of asylum in ancient times. This is due to the special role of religion in the life of ancient states. Based on this, the author concludes that the institution of asylum law was more regulated by the rules of canon law than state, positive law. The state only determined the number of persons who could not use religious asylum and other equally important issues of the asylum procedure. As a result, the institution of asylum law emerged more as an institution of domestic rather than international law. However, in ancient times, many elements of the asylum institution that would make up its content in a later period were already present. This indicates the importance in the life of ancient society of the rules of the institution of asylum law. Attention is drawn to the reasons that motivate people to leave their homes and seek protection from harassment in shelters. Their similarity with the modern period is noted, which testifies to the urgency of the research topic.

scholarly journals Prosecuting Piracy at the High Seas: the Experience of Malaysia

2018 ◽  
Vol 26 (2) ◽  
pp. 307
Author(s):  
Muhammad Hameedullah Md Asri ◽  
Md Khalil Ruslan
Keyword(s):  
International Law ◽  
Geneva Convention ◽  
Legal Framework ◽  
International Treaties ◽  
Sovereign State ◽  
High Court ◽  
United Nations Convention ◽  
The Law ◽  
To Come ◽  
The Right

The development of the law on piracy under two major international treaties; the Geneva Convention, 1958 and the United Nations Convention on the Law of the Sea, 1982 has witnessed great acceptance and application of the law with many coastal states have crafted specific anti-piracy law as a manifestation of their commitments to the international treaties. However, up until today, Malaysia has yet to come out with a single and unified statute against piracy despite being a member to both treaties. The law is scattered in a different set of documents and carried out by various agencies that are responsible to each respective law. It is argued that given this is the position in Malaysia, the prosecution of piracy would be a critical problem for the law enforcement. In this paper, we address this concern by looking at both Malaysian legal framework as well as the experience of the country against international piracy, particularly the case of Bunga Laurel. The findings suggest that there are more than twenty Acts that might be used against piracy. As a sovereign state under the international law, Malaysia also has the right to resort to principles of international law for the apprehension and prosecution of high sea pirates. To this effect, the case of Bunga Laurel has really manifested the successful application of Malaysian law by the High Court of Malaya against international piracy. The paper concludes that the absence of a single anti-piracy law is not necessarily an obstacle, but instead an advantage with great choice of law available for the prosecution in this country.

Modern Approaches to Private International Law and Conflicting Provisions on Legal Aid in Civil Cases

2020 ◽  
Vol 27 (1) ◽  
pp. 177-188
Author(s):  
Iryna Dikovska
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
International Treaties ◽  
Legal Aid ◽  
Conflict Of Laws ◽  
Eu Member States ◽  
The Law ◽  
Contractual Obligations ◽  
The Right

Part of the legal aid treaties between Ukraine and other states contains rules concerning conflict of laws. Where those that determine the law applicable to contractual obligations, family, and hereditary relations are not in line with current approaches to determining the law applicable to the specified groups of relations. The purpose of the paper is to uncover the differences between the regulation of conflict of laws in private relations in the legal aid treaties between Ukraine and some EU countries and the modern approaches to the regulation of conflict of laws in such relations, contained in other sources of private international law; an explanation of how to solve conflicts between legal aid treaties and other international treaties; outlining the main areas of improvement of rules concerning conflict of laws in legal aid treaties. The methods of the study were comparative, dialectical, and Aristotelian, which allowed to identify the problems of regulation of conflict of law in legal aid treaties and to draw conclusions for their elimination. Application of these methods allowed to find out that lex loci contractus is most often used to regulate contractual obligations in the absence of an agreement of the parties on the choice of applicable law. The agreement between Ukraine and Romania does not provide for the choice of the law for contractual obligations. Legal aid treaties imperatively determine the law applicable to the property relations of the spouses. They apply a dualistic approach to determining the right to inherit. It has been established that competition between the rules of this Convention and the rules of legal aid treaties between Ukraine and Poland and Ukraine and Estonia should be decided in favour of the Hague Convention. It is proposed to amend the legal aid treaties concluded between Ukraine and the EU Member States: the rules concerning conflict of laws, which define the law applicable to contractual, family, and hereditary relations should be revised using the relevant EU regulations as a model.

scholarly journals A COMPARATIVE ANALYSIS OF THE PRACTICE OF THE UNITED KINGDOM AND MALAYSIA IN RESPECT OF FREEDOM OF EXPRESSION

2011 ◽  
Author(s):  
Nazli Ismail @ Nawang
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
International Law ◽  
Freedom Of Expression ◽  
Great Influence ◽  
European Convention ◽  
International Treaties ◽  
The United Kingdom ◽  
The Uk ◽  
The Right

International law, particularly treaties on human rights, has great influence on the development of the right to freedom of expression. The application of international treaties is very much dependant on the constitutions of individual countries and these constitutions to a large extent are dissimilar from one to another. The position in the United Kingdom is relatively unique since the country has no codified written constitution to safeguard the fundamental right to freedom of expression and as a result it was regarded as residual in nature. Nonetheless, the provisions of the international treaties, particularly the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR) have altered this position and accordingly freedom of expression has been formally incorporated into the UK law via the Human Rights Act 1998 (HRA). Meanwhile, the international human rights treaties is considered to have less influence in Malaysia arguably since the country has a written constitution (the Federal Constitution) that contains a specific part on fundamental liberties including the right to freedom of expression. Keywords: International law, treaties, freedom of expression.

scholarly journals The concept of the Ukrainian national state-making in the scientific work of Professor Sergiy Shelukhin

2020 ◽  
pp. 14-20
Author(s):  
Iryna Muzyka
Keyword(s):  
Scientific Work ◽  
Political Activity ◽  
International Treaties ◽  
Political Organizations ◽  
Independent State ◽  
Political Activities ◽  
The Face ◽  
History Of ◽  
Ancient Times ◽  
The Right

The scientific achievements and social and political activity of Sergiy Shelukhin and its influence on the formation of the concept of independent state of Ukraine in the political and legal thought and state-making practice of the governments and political figures of the UNR, the Directory and public political organizations of Ukrainian political emigration are considered. The figure of Sergiy Shelukhin in the history of Ukraine has been symbolic for over a century, as his scientific and socio-political activities have largely contributed to the restoration of the sovereign right of the Ukrainian people to an independent state. His conception of Ukrainian statehood, the origin of the name "Ukraine" is today an integral part of the ideological basis for determining priority directions in contemporary Ukrainian politics, in the context of building an independent independent Ukraine, in terms of forming state ideology and national dignity. In the period of national liberation competitions the main topic of scientific research of the scientist was the origin of the Ukrainian state. It was his intelligence that formed the basis for memoranda, statements, and international treaties of the time. Shelukhin proved that for the Ukrainian people the right of state sovereignty was restored not only as a result of the renunciation of the tsar and release from the oath of nationality, but also on the contractual grounds of the act of 1654 connection between Ukraine and Russia, since this connection was only the face of the tsar-protector. Thus, on February 28, 1917, the Ukrainian people, on the basis of their historical rights and legal consequences, renounced the tsar and exempted him from the oath by legal means, regained his sovereignty over himself and his Ukrainian statehood. Scientist in historical monographs "Where does Russia come from:" Names: Rus, Galicia, Ukraine and Little Russia "(1928)," The Theory of Celtic Origin of Kievan Rus from France "(1929)," Ukraine - the Name of Our Land from the Ancient Times "(1936) for the first time explores the problem of the origin of the terms "Rus", "Ukraine", "Russia", "Mala Rus". These studies have played and play an extremely important role in refuting political speculation and falsification regarding the origin of Ukrainians and the emergence of Ukrainian statehood. During his life, S. Shelukhin's works have gained recognition among lawyers, historians, and political figures both in Ukraine and abroad.

scholarly journals A Look at the Evolution of the Right to Self-determination in International Law

2020 ◽  
Vol 25 (3) ◽  
pp. 117-132
Author(s):  
Paweł von Chamier Cieminski ◽  
Keyword(s):  
Soviet Union ◽  
International Law ◽  
Self Determination ◽  
Advisory Opinion ◽  
International Treaties ◽  
The Soviet Union ◽  
Political Events ◽  
Recent Developments ◽  
Definition Of ◽  
The Right

The article takes stock of the historical development of the notion of the right of a people to self-determination in international law. It provides a coherent review of the main international treaties, customary rules, and legal rulings that shaped the evolution of the term over the course of the twentieth century. In doing so, it focuses on the main historical and political events, which had an impact on that process as well as the preconditions that have to be met in order for a people to have the legal capacity to execute the right to self-determination. Three main processes, which it focuses on are: decolonization, the establishment of a number of new countries following the dissolution of the Soviet Union, and the recent developments following ICJ’s Advisory Opinion on Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo. It also delineates the subject of the legal definition of a “people” as opposed to a “minority”, describes the legal tension between the right to self-determination and the principle of territorial continuity in international law, and discusses potential further development of the term.

scholarly journals The use of pacta sunt servanda principle during human rights and liberties protection

2015 ◽  
Vol 2 (4) ◽  
pp. 62-68
Author(s):  
A V Ivanov
Keyword(s):  
Human Rights ◽  
International Law ◽  
Great Influence ◽  
Special Role ◽  
International Treaties ◽  
National Authority ◽  
Legislation And Jurisprudence ◽  
National Legislation ◽  
International Obligations

The important circumstance during the protection of human and citizen’s rights and liberties is usage of international law and opportunities of UNO international mechanisms. International treaties play a special role among generally recognized international law principles, the significance of these acts is huge and it’s hard to overestimate nowadays. International treaties have a great influence on national legislation and jurisprudence. The effectiveness of any international act depends on conscientious adherence of assumed international obligations by all members (the observance of pacta sunt servanda principle) and also conscientious fulfillment of international organs’ decisions by national authority.

International Humanitarian and Human Rights Law in Russian Courts

2011 ◽  
Vol 2 (2) ◽  
pp. 216-249
Author(s):  
Sergei Yu. Marochkin ◽  
Vladimir A. Popov
Keyword(s):  
Human Rights ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Special Role ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Treaties ◽  
Judicial Practice ◽  
The Russian Federation

The paper investigates the implementation of the norms of international humanitarian and human rights law in the Russian courts. It may be viewed as a specific feature that these two categories are considered close in part of the Russian doctrine and, as we will see below, in some judicial cases. Since the adoption of the Constitution of the Russian Federation in 1993 international law has been granted a specific status and significance in the Russian legal system. According to the Constitution and legislation, Russian courts have had the opportunity to play a special role in the implementation of international humanitarian and human rights law. That being said, judicial practice relating to the implementation and the application of these norms is different from that of other international law norms. It is, however, explained, in particular, by the fact, that there are not many cases which either mention directly or use humanitarian law. Often, courts make abstract or general references to international treaties or make decisions only on the basis of the national law, though the considered cases fall directly under the regulation of international humanitarian or human rights law. In conclusion, at present the practice of Russian courts is rather diverse and needs further unification.

scholarly journals PRAWA REPRODUKCYJNE I SEKSUALNE W ONZ I ICH DOKTRYNALNE UWARUNKOWANIA

2016 ◽  
Vol 16 (2) ◽  
pp. 163
Author(s):  
Karolina Dobrowolska
Keyword(s):  
Reproductive Health ◽  
United Nations ◽  
International Law ◽  
Sexual And Reproductive Health ◽  
International Treaties ◽  
Member States ◽  
Feminist Theories ◽  
History Of ◽  
The United Nations ◽  
The Right

Sexual and Reproductive Health and Rights at the United Nations and Their Doctrinal Background Summary The concept of sexual and reproductive health and rights still remains unclear in the international law regime. Despite the fact that during the United Nations International Conference on Population and Development in Cairo (1994), all UN Member States agreed that the term sexual and reproductive health and rights does not contain the “right to abortion,” one can observe continuous attempts to renegotiate the established consensus. The discussion on SRHR is exerting a great impact on the policy of international organizations and therefore it has a potential to create obligations on their Member States. The aim of this article is to present the history of the concept of “sexual and reproductive health and rights” and to analyze it in two aspects. First, the article elaborates on the doctrinal and ideological connotations of SRHR construction. It shows how the SRHR construction derives from feminist theories that regard the spheres of procreation and sexuality as the main sources of inequality between men and women. Second, the article shows how feminist concepts of human sexuality have influenced and shaped the legal constructions of international treaties under the UN auspices.

scholarly journals Little-known pages of the history of the development of international legal thought: Ludwig Jacob (1759–1827)

2020 ◽  
pp. 407-414
Author(s):  
Savchuk Kostyantyn
Keyword(s):  
Political Economy ◽  
International Law ◽  
Natural Law ◽  
Fundamental Rights ◽  
Natural State ◽  
International Treaties ◽  
Legal Doctrine ◽  
Independent States ◽  
The Right ◽  
The Impact

This article explores the contribution to the development of international law science by the outstanding German philosopher and economist Ludwig Kondratievich Jacob (Ludwig Heinrich von Jacob) (1759–1827), who for some time worked as a professor of diplomacy and political economy at Kharkiv University. L. Jacob's contribution to the development of the science of international law is not limited to reading lectures on positive international law, which was taught at the Department of Diplomacy and Political Economy in the first decades of Kharkiv University. L. K. Jacob prepared and published a series of textbooks on logic, grammar, psychology, aesthetics, rhetoric, political economy and law under the general title «Philosophy Course for High Schools of the Russian Empire», the seventh part of which was devoted to the problems of natural law, including international law. International Law Jacob interpreted it as part of natural law, which determines relations between independent states. Among the fundamental rights of the nation he distinguishes: 1) the right to independence, which includes the right to take possession of things that did not belong to anyone (it is clear that the author here justifies the right to take over the so-called res nullius, which was widely used in international law at the time, 2) the right to independence from any other nation; 3) the right to formal equality with any other nation. Considerable attention in his textbook L. K. Jakob attributes the right to international treaties, though he sees no distinction between treaties that nation conclude with other nations and with foreign individuals. Some emphasis is also placed on diplomatic law in the textbook. In the work of L. К. Jakob quite comprehensive doctrine of the right to war, which, again, is quite typical for proponents of natural law in the science of international law, is based on the identification of relations between independent nations (states) with relations between individuals in the natural state. His international legal doctrine is literally imbued with the ideas of the humanization of war – he strongly opposes treachery and the use of such means of war, which cause the enemy extreme pain, requires respect for the rights of prisoners of war.On the last pages of his textbook L. K. Jacob is installing an application in which he proposes the idea of uniting the independent states into a confederation, provided that each of them maintains complete independence in their internal affairs. In this project it is easy to see the impact of the ideas of the treatise «To Eternal Peace» by I. Kant, a consistent follower of the philosophical doctrine of which L. K. Jacob performed in his philosophical writings.

Inadmisibilitatea anumitor inițiative legislative

2021 ◽  
Vol 2021 (2021) ◽  
pp. 244-258
Author(s):  
Vasile ŢIPLE ◽  
Keyword(s):  
International Law ◽  
Legal Order ◽  
Final Part ◽  
Constitutional Court ◽  
National Minorities ◽  
The Subject ◽  
The Difference ◽  
The Right ◽  
The Way

This paper will analyze the right to association and the limits of the exercise of the legislative function in the Romanian Parliament, including the difference in legal treatment applied to the legislative initiatives of the citizens versus those of parliamentarians. Also, the subject of the inadmissibility of the legislative initiatives in the fields regulated by art. 152 of the Constitution, the need to extend the category of persons who can exercise the right to refer a matter to the Constitutional Court, as well as the obligation of the Constitutional Court to carry out ex officio constitutionality checks for initiatives aimed at de facto and de jure revision of the Constitution. The final part is dedicated to the principle of subsidiarity, as well as to the way in which certain provisions of international law frequently invoked in the field of protection of national minorities and justification of territorial autonomy, have already been transposed into the Romanian legal order.

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