scholarly journals Demographic Changes in Kashmir: A Perspective of International Law

2019 ◽  
Vol IV (I) ◽  
pp. 7-16
Author(s):  
Muhammad Khan ◽  
Sidra Khan
Keyword(s):  
International Law ◽  
Geneva Convention ◽  
The State ◽  
Legal Basis ◽  
Jammu And Kashmir ◽  
Strong Basis ◽  
State Laws ◽  
International Dispute ◽  
The Status ◽  
Legal Position

International disputes are always dealt with under the provisions of international law. Kashmir is an international issue, which needs to be resolved under the ambit of international law. The Fourth Geneva Convention-1949 provides a strong basis for addressing the legal basis of the Jammu and Kashmir dispute. As an international dispute, Kashmiri warrants the application of international law for its logical resolution. Unfortunately, notwithstanding UNSC resolutions, India unilaterally and illegally changed the status of occupied Jammu and Kashmir from a state to the union territories through Jammu and Kashmir Reorganization Act-2019. Later through a number of amendments, Adaptation of State Laws in April 2020, India brought changes in dozens of local state laws, meant to bring changes in the existing demography of the state. This research focuses on the changes India has engineered in the new domicile laws of Indian Illegally Occupied Jammu and Kashmir (IIOJK) to change the demography of the state. The paper also focuses on the legal position of these changes in IIOJK from the perspective of International Law and the Fourth Geneva Convention.

International Law within the Israel Legal System

1990 ◽  
Vol 24 (3-4) ◽  
pp. 451-484 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
The State ◽  
Laws Of War ◽  
International Treaties ◽  
The Status ◽  
The Military ◽  
State Of Israel ◽  
High Seas

Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.

scholarly journals INTERNATIONAL LEGAL ORDER: ON THE ISSUE OF ITS PROPERTIES (THEORETICAL ASPECTS)

2016 ◽  
Vol 2 (127) ◽  
pp. 115-122
Author(s):  
I. Zabara
Keyword(s):  
International Law ◽  
The State ◽  
Legal Order ◽  
General Context ◽  
Theoretical Approaches ◽  
Ability To Act ◽  
The Status ◽  
International Legal Order ◽  
The Difference ◽  
Internal And External Factors

The article deals with one of the theoretical aspects of international legal order issues – the question of its properties. The author summarizes the doctrinal views of international law and regards the basic properties of the phenomenon of international legal order as its ability to act as system complexity, dynamism, orderliness, the reality and legitimacy of actions of subjects. The author notes that there is a common position in the doctrine, according to which the international legal order is a system. However, he notes that the difference in views on the international legal order as a system consists in the components the researchers include in its composition; the author examines two theoretical approaches. The complexity of the international legal order is determined from the standpoint of the number of its elements and components, as well as the number of their connections. This opinion highlights the fact that the predominant role is played by the quantity of links between elements and components, and indicates the international legal order capacity for permanent changes under the influence of the relevant internal and external factors. The dynamism of the international legal order is characterized from the point of capacity for the development and modification. It is stated that the state of the dynamics is effected by several circumstances. The author concludes that this international legal order’s property as a dynamism is one of the qualities that characterizes its condition as a system. The orderliness of the international legal order is considered from a consistency point, the interaction of parts of the whole, due to its structure. The author notes that the ordering of the international legal order displays its internal relationships and emphasizes its status as a system. The reality of the international legal order is characterized from the point of objectively existing phenomenon. The author concludes that the allocation of the international legal order of reality as one of its properties is intended to emphasize the status of one of its most important components - the state of international relations. Separately, the author considers the question of the legality of actions of subjects of international law, which are discussed in the doctrine from the standpoint of the conditions necessary for its maintenance. The author points out that in the general context of the properties that characterize the international legal order, it can be considered as an aspect wich together with other characterizes the state of the international legal order.

The Scarborough Shoal Dispute: An Analysis of the Dispute Resolution Mechanisms under International Law

2013 ◽  
Vol 6 (1) ◽  
Author(s):  
RODEL A. TATON
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
The Philippines ◽  
Law Of The Sea ◽  
Choice Of Procedure ◽  
International Dispute ◽  
The Status ◽  
Rules And Principles ◽  
The Republic ◽  
The Unclos

This comes at a time when the stand-off over the Scarborough Shoal has matured to the status of an international dispute. It involves rivaling claims on points of law or fact between the People’s Republic China (PRC) and the Republic of the Philippines (RP). PRC calls the shoal as Huangyan island while RP refers to it as Bajo de Masinloc or Panatag Shoal as advanced and published in their respective governmental positions, albeit their claims for de facto sovereignty and territory. Employing mainly descriptive, historical, documentary and content analyses techniques, this dwells on (a) the character of Scarborough Shoal in the perspective of international law, (b) the conflicting claims of the PRC and RP with their respective governmental positions, (c) the mechanisms for settlement of an international dispute as provided for by the United Nations Convention on the Law of the Sea (UNCLOS) and (d) whether or not the Philippines can avail of the said remedies and how can the Scarborough Shoal be settled employing international law, rules and principles. The UNCLOS provides for a mechanism in Part XV, for settlement of disputes, ranging from the pacific modes of dispute settlement to resort to compulsory mechanisms entailing binding decisions. It is also provided that sans a choice of procedure, only Arbitration under Annex VII, the Hamburg Tribunal, is available, and this, the Philippines followed when it submitted its notification and statement of claims. Based on the international jurisprudence on related issues, there are rarely a winner and a loser. However, having studied the current situation principally in the light of the UNCLOS III, which favors the position of the Philippines, one is forced to recognize that oceans and their basic rules - droit de la mer- existed before UNCLOS. Certainly, the final settlement of the issues hereinbefore presented will go beyond the confines of UNCLOS.Keywords: Social Sciences, International disputes, Law of the Sea, descriptive design,Philippine-China Relations, UNCLOS, Philippines, Southeast Asia

The UN Council for Namibia vs. Urenco, UCN and the state of the Netherlands

1988 ◽  
Vol 1 (1) ◽  
pp. 25-47 ◽  
Author(s):  
Nico J. Schruver
Keyword(s):  
The Netherlands ◽  
International Law ◽  
The State ◽  
The Status

Nico Schrijver discusses the claim by the UN Council for Namibia against Ultra Centrifuge Nederland, Urenco, and The Netherlands in the case concerning the alleged illegal processing ofNamibian uranium. He analyzes the evolution of international law with respect to Namibia, the status of the UN Council for Namibia, the juridical value of Decree No.I, the contents of the writ of summons as well as the counter-arguments by The Netherlands government.

scholarly journals THE STATUS OF MATRIMONIAL PROPERTY OWNERSHIP IN MIXED MARRIAGES

2015 ◽  
Vol 27 (1) ◽  
pp. 145
Author(s):  
Sonny Dewi Judiasih
Keyword(s):  
International Law ◽  
Land Ownership ◽  
Mixed Marriage ◽  
Private International Law ◽  
Property Ownership ◽  
State Laws ◽  
Mixed Marriages ◽  
The Status ◽  
Ownership Rights ◽  
Joint Property

Many Indonesians have committed themselves into a mixed marriage, both in Indonesia and outside the country. Mixed marriage would mean that there are differing nationalities who abide under two different state laws and as consequence of this, issues of private international law in joint property would emerge. On the status of ownership on immovable assets such as land, the nationality principle must be paid attention to, because according to Indonesian law, only Indonesian citizens may have access to Land Ownership Rights. Thus, in mixed marriages, foreign spouses (husband or wife) may not have land ownership rights. Masyarakat Indonesia banyak yang melakukan perkawinan campuran, baik yang dilakukan di Indonesia maupun di luar negeri. Pelaksanaan perkawinan campuran menyebabkan adanya perbedaan kewarganegaraan dimana mereka tunduk pada sistem hukum yang berlainan sehingga melahirkan masalah hukum perdata internasional dalam pengaturan harta bersama. Mengenai status kepemilikan atas benda tidak bergerak seperti tanah, terdapat asas nasionalitas yang harus diperhatikan, yaitu hanya WNI saja yang boleh mempunyai Hak Milik Atas Tanah. Oleh karena itu, dalam perkawinan campuran, suami atau istri yang berkewarganegaraan asing tidak boleh mempunyai hak milik atas tanah.

scholarly journals Legal Basis of Organization and Functioning of Political Parties in Ukraine

2019 ◽  
pp. 43-53
Author(s):  
Yuliia BEVZ
Keyword(s):  
Political Parties ◽  
Political Party ◽  
The State ◽  
Local Elections ◽  
Legal Basis ◽  
Additional Time ◽  
The Status ◽  
The Law ◽  
State Registration ◽  
Legal Entities

The article is devoted to the research of the state of the legal basis of organization and functioning of political parties in Ukraine. Attention is drawn to the fact that the legal basis for the organization and functioning of political parties in Ukraine is mainly the general provisions of normative legal acts, namely: the Constitution of Ukraine, the Tax Code of Ukraine, the Law of Ukraine «On Political Parties in Ukraine», «On the Election of the President of Ukraine» , «On the Election of the People’s Deputies of Ukraine», «On the Local Elections», «On the State Registration of Legal Entities and Individuals — Entrepreneurs and Public Entities», etc. It is established that, although certain norms determine the peculiarities of creation, registration, activity and termination of political parties, their structural formations, a number of provisions of legislation regarding the organization and functioning of political parties require further elaboration. According to the results of the analysis, the main directions of improvement of the legal basis for the organization and functioning of political parties in Ukraine were proposed, in particular: clarification of the definition of the term «political party» contained in Art. 2 of the Law of Ukraine «On Political Parties in Ukraine» basing on the legal essence of this concept; defining the principles of political party activity; clarification of the list of documents submitted by the applicant for state registration of political parties; defining an exhaustive list of grounds for refusal to register a political party in order to prevent free interpretation by the bodies of registration of the provisions of legislation; specifying the procedure for state registration of political parties and providing additional time for eliminating deficiencies in the documents submitted for registration (suspension of consideration of documents submitted for state registration); determining the procedure for adopting, registering amendments and additions to the statute of a political party; the procedure for convening and holding the constituent congress (conferences, meetings), the procedure for forming and powers of governing party bodies; the need to determine the status of property after the cessation of political party activity. It is proposed to amend certain articles of the Law of Ukraine «On Political Parties in Ukraine» and the Law of Ukraine «On State Registration of Legal Entities and Individuals — Entrepreneurs and Public Formations».

scholarly journals OCTOBER 21, DAY OF THE STATE LANGUAGE – UZBEK LANGUAGE. CONNECTING NATION MEDIUM

2020 ◽  
Vol 01 (02) ◽  
pp. 1-6
Author(s):  
Sodirjon Bakievich Yakubov ◽  
Keyword(s):  
The State ◽  
Legal Basis ◽  
Thirtieth Anniversary ◽  
The Status ◽  
The Law ◽  
The Republic ◽  
Official Status ◽  
State Language

The Law "On the State Language of the Republic of Uzbekistan" was adopted and the Uzbek language gained a legal basis. The law is an important factor that reflects the spirituality, psyche and dignity of the Uzbek nation, that is, the status of the language has been legally strengthened. In his speech on the occasion of the thirtieth anniversary of the official status of the Uzbek language, President of the Republic of Uzbekistan Shavkat Mirziyoyev said that "the Uzbek language has emerged as a powerful force uniting our people and mobilizing our society for great goals ...

The State as a Party to Private Law Relations

2021 ◽  
Vol 10 (1-2) ◽  
pp. 47-60
Author(s):  
Nataliya M. Оnishchenko ◽  
Tatyana I. Tarakhonych ◽  
Oleh L. Bohinich
Keyword(s):  
Civil Law ◽  
The State ◽  
Private Law ◽  
Liability Law ◽  
Multi Stage ◽  
The Status ◽  
Legal Structures ◽  
Legal Position ◽  
Autonomous Republic ◽  
The Eu

Abstract The purpose of the study is to cover the analysis of the legal position of the state in private law relations. Particular attention is paid to the dualistic nature of the state – as a sovereign and as a horizontal participant in civil law relations. The study employs the following methods: dialectical, technical and comparative law. Results of the systematic interpretation suggest that the state does not have the status of a person, which complicates the application of some legal structures. It is concluded that the state is a multi-stage entity that includes the state of Ukraine, the Autonomous Republic of Crimea and territorial communities. This paper will be useful for advocates, judges, academics whose area of expertise is the problematics of the liability law, as well as the issue of harmonisation of the civil legislation of Ukraine with the civil legislation of the EU countries.

The Practice and Case Law of Israel in Matters Related to International Law

1998 ◽  
Vol 32 (3) ◽  
pp. 475-527 ◽  
Author(s):  
Rotem M. Giladi
Keyword(s):  
International Law ◽  
Case Law ◽  
International Agreements ◽  
The State ◽  
International Treaties ◽  
Depth Analysis ◽  
The Status ◽  
The Government ◽  
State Of Israel ◽  
Regular Practice

On February 24, 1998, the government submitted the International Treaties (Approval by the Knesset) Bill, 1998 to the Knesset. This governmental bill represents the culmination of fifty years of exchange between the Executive and the Legislature concerning the constitutional authority to conclude international agreements on behalf of the State of Israel.Normally, it would have been preferable to await the completion of the enactment process before commenting on the new legislative arrangements. Due to the constitutional importance of the Bill and the fact that it raises several important questions, the regular practice will be abandoned in this case.Despite the availability of an abundance of materials on the treatymaking practice of the State of Israel and the status of treaties under municipal Israeli law both in English and in Hebrew, an in-depth analysis of the Bill requires an extensive expositionde lex lataon both these questions. Only then will the provisions of the Bill be presented. This will take the form of an issue-by-issue analysis, with conclusions drawn in each segment. The review will conclude with several additional observationsde lege ferenda.

scholarly journals The Northern Sea Route: Problems of National Status Legitimization under International Law. Part II

2020 ◽  
pp. 130-147
Author(s):  
Pavel GUDEV ◽  
Keyword(s):  
International Law ◽  
Legal Status ◽  
The Arctic ◽  
Northern Sea Route ◽  
The Status ◽  
Ice Conditions ◽  
Legal Position ◽  
The Russian Federation ◽  
Broad Interpretation ◽  
Legal Grounds

The second part of the paper shows that the regime of navigation in the Arctic, particularly on the NSR, defended by Russia today, is much more liberal than that which existed in the Soviet years: up to the Gorbachev’s 1987 Murmansk speech the Soviet Arctic was a closed sea region for foreign navigation. Per-missive order of passage established today at the level of Russian national legislation applies only to civil ships, and in the framework of the 1982 Convention, measures to protect the marine environment from pollution from ships cannot be applied to warships, military auxiliary ships, and ships on the state non-commercial service. However, the presence on the Northern Sea routes of water areas with the status of internal historical waters, including several Arctic straits, plus the special legal status of the Arctic, which is not limited exclusively to the 1982 Convention, allows Russia to insist on the applicability of the permit regime also to foreign warships. This approach is based mainly on the two states’ practice with the longest coastline in the Arctic: the USSR and Canada. Navigation along the NSR in today’s ice conditions is not yet possible without passing through the waters of the Russian Arctic Straits, whose waters are classified by the USSR as internal on historical legal grounds. Although under the 1982 Convention, they can be conditionally regarded as international, the lack of permanent transit through them makes it possible not to recognize them as such. However, the Russian Federation’s task to turn the NSR into an international shipping route may lead to a weakening of the current legal position. A similar situation may arise concerning the enforcement of Article 234 “Ice Covered Areas” of the 1982 Convention, which gives the Arctic countries additional rights in the field of navigation control. Lack of ice cover in the Arctic during most of the year can significantly strengthen the position of Russia’s opponents, who insist on a too broad interpretation of this article on our part. Finally, climatic changes may lead to the NSR becoming more latitudinal, and then the Russian Federation will lose any legal grounds to regulate navigation.

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