Development of New International Treaties to Combat Cybercrime - Second Additional Protocol to the Budapest Convention and the UN Resolution for a New Cybercrime Treaty -

The Justice ◽  
2021 ◽  
Vol 185 ◽  
pp. 246-284
Author(s):  
Jae Sung Park
Author(s):  
Chris Himsworth

The first critical study of the 1985 international treaty that guarantees the status of local self-government (local autonomy). Chris Himsworth analyses the text of the 1985 European Charter of Local Self-Government and its Additional Protocol; traces the Charter’s historical emergence; and explains how it has been applied and interpreted, especially in a process of monitoring/treaty enforcement by the Congress of Local and Regional Authorities but also in domestic courts, throughout Europe. Locating the Charter’s own history within the broader recent history of the Council of Europe and the European Union, the book closes with an assessment of the Charter’s future prospects.


2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.


2016 ◽  
pp. 52-65
Author(s):  
Patryk Kołodyński ◽  
Paulina Drab

Over the past several years, transplantology has become one of the fastest developing areas of medicine. The reason is, first and foremost, a significant improvement of the results of successful transplants. However, much controversy arouse among the public, on both medical and ethical grounds. The article presents the most important concepts and regulations relating to the collection and transplantation of organs and tissues in the context of the European Convention on Bioethics. It analyses the convention and its additional protocol. The article provides the definition of transplantation and distinguishes its types, taking into account the medical criteria for organ transplants. Moreover, authors explained the issue of organ donation ex vivo and ex mortuo. The European Convention on Human Rights and Biomedicine clearly regulates the legal aspects concerning the transplantation and related basic concepts, and therefore provides a reliable source of information about organ transplantation and tissue. This act is a part of the international legal order, which includes the established codification of bioethical standards.


2020 ◽  
Vol 22 (1) ◽  
pp. 59-63
Author(s):  
Ihor Nestoryshen ◽  
◽  
Ivan Berezhnyuk ◽  
Alina Brendak ◽  
◽  
...  

Introduction. The article emphasizes that the current features of the implementation of foreign economic activity require consideration of two factors that are contradictory to each other. In particular, on the one hand, the growth of external threats is forcing the governments of many countries to tighten control measures when crossing the state border of goods and commercial vehicles. On the other hand, according to international conventions and agreements (Kyoto Convention, WMO Framework Standards for Security, WTO Facilitation Agreement), measures to reduce the interference of regulatory authorities in the operational activities of economic operators are envisaged. In this context, the use of risk-oriented customs control tools, which allow simplifying business without reducing the level of national security, is becoming especially important. Purpose. The purpose of the article is to generalize and systematize foreign and domestic approaches to simplification of customs procedures through the use of risk-oriented instruments of customs control, as well as to develop their own proposals for simplification of foreign trade entities in the domestic regulatory field by using subject-oriented criteria. Results. The authors analyzed the provisions of the International Convention on the Simplification and Harmonization of Customs Procedures, the Framework Standards for Security and Facilitation of International Trade, the WTO Agreement on Trade Facilitation, which are provided for significant simplification of international trade procedures by reducing the share of customs inspections and controls. Сustoms security, customs clearance of goods and vehicles on the territory of the subjects of foreign economic activity or in another place permitted by the customs, without the direct participation of customs officials. These measures are based on the widespread use of risk-oriented instruments of customs control. It is noted that some of the provisions of international conventions and agreements on the use of risk-oriented instruments of customs control and simplification of economic operators have been implemented in domestic customs legislation, namely Art. 320 of the Customs Code of Ukraine introduced selective customs control, it is determined that the forms and scope of control sufficient to ensure compliance with legislation on state customs and international treaties of Ukraine in customs clearance are selected by customs (customs posts) based on the results of risk management. Conclusion. The study analyzes the peculiarities of the customs risk management system application in customs control in Ukraine, and offers proposals for the use of subject-oriented criteria of customs control as a simplification for honest economic operators to reduce the selectivity of risk profiles ASUR.


2020 ◽  
Vol 2 (2) ◽  
pp. 126-147
Author(s):  
A. N. Vashchekin ◽  
◽  
A. V. Dzedzinsky ◽  

Introduction. The era of digitalization sets for researchers the task of systematizing the essential features of digital space, identifying the essence of the “right to the Internet” and the legitimacy of limiting the digital rights of citizens. Theoretical Basis. Methods. The authors studied the peculiarities of the digital environment as a specific integral area of legal regulation, the doctrine and legislation of several countries on the topic which determines the basis for the regulation of digital space in Russia. The formal legal method, synthesis, analysis, induction and deduction were used as research methods. Results. The wording of the basic concepts in the area under study is proposed: digital space, digital region, digital platform, etc. The measures to eliminate “digital wells” are indicated. The main properties of the information space and its derivatives are considered. The effects of any contradictions in the legislation of the country are shown. Discussion and Conclusion. As the study showed, the latest innovations in the legislation contravene the principle of the balance of interests, fail to meet the requirements of observing the rights of a person and citizen, and contradict the Constitution and international treaties of Russia. When comparing these measures with their foreign counterparts, a search was made for their potential shortcomings and proposals were presented on possible directions for their correction, taking into account the particular characteristics of digital space.


2020 ◽  
Vol 22 (3) ◽  
pp. 55-63
Author(s):  
EKATERINA A. KOPYLOVA ◽  

The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second – on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.


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