scholarly journals BASIS FOR PROPOSAL OF ENFORCEMENT OF THE FOREIGN SOVEREIGN IMMUNITIES ACT IN VIETNAM

2014 ◽  
Vol 17 (4) ◽  
pp. 112-132
Author(s):  
Tuan Quoc Banh
Keyword(s):  
United Nations ◽  
Theoretical Basis ◽  
International Experience ◽  
State Immunity ◽  
The World ◽  
United Nations Convention ◽  
The Creation ◽  
The United Nations

Through analyzing the formation and development of doctrine of state immunity and the international experience in creating laws to concretize the contents of immunity right, such as the United Nations Convention on Jurisdictional Immunities of States and their Property 2004 and national act of typical nations in the world, the author clarifies theoretical basis for the creation of the foreign sovereign immunities act in Vietnam as well as proposes some fundamental issues concerning the content of the act.

scholarly journals Trading in influence: a research agenda for New Zealand?

2017 ◽  
Vol 13 (2) ◽  
Author(s):  
James Gluck ◽  
Michael Macaulay
Keyword(s):  
New Zealand ◽  
United Nations ◽  
Money Laundering ◽  
Research Agenda ◽  
Organised Crime ◽  
United Nations Convention ◽  
The Creation ◽  
The United Nations

In November 2015 the Organised Crime and Anti-corruption Legislation Bill was passed by Parliament. An omnibus bill, it amended numerous different acts in relation to (among other things) money laundering, organised crime, corruption and bribery offences. One of its stated aims was to bring New Zealand legislation up to date to enable New Zealand to finally ratify the United Nations Convention against Corruption (UNCAC), which it did in December that year. The merits and potential demerits of the bill have been discussed previously (Macaulay and Gregory, 2015), but one thing that requires further attention is the creation of a new offence of ‘trading in influence’.

scholarly journals Application of CISG in Kuwait

2020 ◽  
pp. 1-22
Author(s):  
Bashayer al-Mukhaizeem
Keyword(s):  
United Nations ◽  
Potential Application ◽  
Customary Law ◽  
Conflict Of Laws ◽  
Foreign Law ◽  
The World ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
The Impact

Abstract This article examines the impact of the United Nations Convention on Contracts for the International Sale of Goods (CISG) (signed 11 April 1980, entered into force 1 January 1988) on Kuwait as a non-Contracting State. By examining the potential application of CISG to countries around the world, it becomes clear that the applicability of this Convention is inevitable. This article identifies and examines the cases where CISG can be applied, according to its rules, and the process by which CISG, as a foreign law, would be applied in Kuwait. As this article shows, this can be achieved through the autonomy of the parties, Kuwaiti conflict-of-laws rules, or through customary law. This article also examines the cases where CISG cannot be applied in Kuwait and the implications of Kuwaiti’s ratification of CISG.

Mare Nostrum: A New International Law of the Sea

1992 ◽  
Vol 86 (4) ◽  
pp. 764-787 ◽  
Author(s):  
Philip Allott
Keyword(s):  
United Nations ◽  
International Law ◽  
Efficient Method ◽  
Theoretical Basis ◽  
Law Of The Sea ◽  
Root Stock ◽  
Exclusive Property ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

That Princes may have an exclusive property in the Soveraigntie of the severall parts of the Sea, and in the passage, fishing and shores thereof, is so evidently true by way of fact, as no man that is not desperately impudent can deny it.Sir John BoroughsUsing the United Nations Convention on the Law of the Sea of 1982 as a root stock, it is possible to generate a fundamentally new international law of the sea. This regeneration will not be the product of yet another diplomatic negotiation among the representatives of the governments of states. It will be brought about by a much more direct and efficient method. It requires nothing more nor less than a reconceiving of the theoretical basis of the law of the sea.

The child’s voice in adoption proceedings: A European perspective

2013 ◽  
Vol 21 (4) ◽  
pp. 590-615
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Human Rights ◽  
United Nations ◽  
European Perspective ◽  
Rights Of The Child ◽  
European Court ◽  
The World ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

The right of the child to be heard in adoption proceedings flows directly from the provisions of the United Nations Convention on the Rights of the Child, ratified by almost every country in the world. In this paper, the interpretation of this principle across European jurisdictions will be analysed, both in terms of children who are old enough to make a determinative decision concerning their future, and those who are younger yet still possess the right to be heard. The wide variety of practices in Europe highlight the lack of progress in this field of law, which is not assisted by the conservative jurisprudence of the European Court of Human Rights.

scholarly journals The Problem of ‘Open Price Term’ in Contracts of Sale of Goods in Iran and under the United Nations Convention on Contracts for the International Sale of Goods

2018 ◽  
Vol 7 (3.30) ◽  
pp. 219
Author(s):  
Farzaneh Akrami ◽  
Sakina Shaik Ahmad Yu ◽  
Suzanna Mohamed Isa
Keyword(s):  
United Nations ◽  
Research Method ◽  
The Other ◽  
New Methods ◽  
Iranian Law ◽  
The World ◽  
International Regulations ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

This is an undeniable fact is that incomprehensible or restricted rules cause problems for merchants as suppliers. This is more perceptible through domestic rules of the countries. However, international businessmen are also affected by existing conflicts in the international regulations. The concept of ‘open price term’ in contracts for the sale of goods is one of the best samples for developments in the world’s trade. However, regarding the open price term, the Iranian law has yet to adopt this vital phenomenon. On the other hand, if Iranian legislator aims to impose open price rules in the regulations, provisions of an international set of rules seem to be a useful model for such regulations as they are more common and have the capacity of being applied in the contracts made by parties from all over the world. As such, the United Nations Convention on Contracts for the International Sale of Goods (CISG), as an international set of rules containing open price rules is chosen in this paper to be studied as a model for such regulations. However, respective Article in CISG consists of some shortcoming as well. Thus, Adopting the doctrinal research method, in this paper aims to highlight the importance of adopting new rules for new methods of transaction and the necessity of amendments on existing rules.  

The International Civil Service: Historical Development and Potential for the 21st Century

2003 ◽  
Vol 32 (1) ◽  
pp. 99-124 ◽  
Author(s):  
Udoh Elijah Udom
Keyword(s):  
World War I ◽  
United Nations ◽  
Civil Service ◽  
International System ◽  
Primary Objective ◽  
League Of Nations ◽  
The World ◽  
History Of ◽  
The Creation ◽  
The United Nations

By-products of World War I and II were the creation of the League of Nations (1919) and subsequently the United Nations (1945). The primary objective of both these global organizations (past, present and future) has been to make the world a better place for humanity. Principally, this has meant working with member states to prevent wars and to carry out humanitarian activities wherever they are needed. Right from the time of the League of Nations, carrying out global mandate of this nature necessitated the creation of international civil service (ICS) to be composed of competent men and women, to assist the world public service to achieve it global mandate. This article argues that ICS is an indispensable instrument of the orderly government of mankind, and must be preserved. The importance of ICS has never been so crucial than today when the world socio-political landscape is more turbulent than in the 1940s when both the ICS and the United Nations were created. The article begins by tracing the history of the ICS from 1919 to the present. It examines the principles of ICS enunciated by the Council of the League of Nations In 1920 and enshrined in the U.N. Charter 25 years later. Here again, the sanctity of the ICS, argued in this article, depends upon upholding these principles by all players in the international system.

The Child’s Voice in Adoption Proceedings

2014 ◽  
Vol 22 (1) ◽  
pp. 135-163 ◽  
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Rights Of The Child ◽  
European Court ◽  
The World ◽  
United Nations Convention ◽  
The United Nations ◽  
The Right

The right of the child to be heard in adoption proceedings flows directly from the provisions of the United Nations Convention on the Rights of the Child, ratified by almost every country in the world. In this paper, the interpretation of this principle across European jurisdictions will be analysed, both in terms of children who are old enough to make a determinative decision concerning their future, and those who are younger yet still possess the right to be heard. The wide variety of practices in Europe highlight the lack of progress in this field of law, which is not assisted by the conservative jurisprudence of the European Court of Human Rights.

scholarly journals Remedies for Harm Caused by UN Peacekeepers

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 10-16 ◽  
Author(s):  
Bruce Rashkow
Keyword(s):  
United Nations ◽  
Third Parties ◽  
Member States ◽  
Good Citizen ◽  
The World ◽  
The Creation ◽  
The United Nations ◽  
Dual Objectives ◽  
Do So

Since the creation of the United Nations, the need for the Organization to enjoy immunity from the juris-diction of Member States has been widely recognized as necessary to achieve its important and far ranging purposes. However, it has also been understood that this immunity was not intended to shield the Organization from responsibility as a “good citizen” on the world stage to respond to justifiable claims against the Organization by third parties resulting from the activities or operations of the Organization. The United Nations has generally achieved these dual objectives, although two recent situations in the peacekeeping context have raised questions about whether it continues to do so, namely the cases involving the Mothers of Srebrenica and the Haiti Cholera victims.

The Myth of the Customary Nature of the United Nations Convention on State Immunity: Does the End Justify the Means?

2018 ◽  
Author(s):  
Riccardo Pavoni
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Customary Law ◽  
State Immunity ◽  
Uniform State ◽  
European Court ◽  
State Practice ◽  
United Nations Convention ◽  
The United Nations ◽  
High Level

According to the European Court of Human Rights (ECtHR), the not-yet-in-force 2004 UN Convention on Jurisdictional Immunities of States and Their Property (UNCSI) codifies the customary law of State immunity. This chapter challenges that unqualified view,which signals a superficial reading of the UNCSI process, background, and norms. A primary illustration is offered by Article 11 on the employment exception to State immunity which, taken as a whole, is simply not validated by uniform State practice. Nonetheless, the ECtHR has consistently relied on that UNCSI provision. The chapter does not lose sight of the high level of protection of embassy employees and similarly situated individuals, which derives from the ECtHR UNCSI-related jurisprudence, and accepts that such a level of protection may have been the ultimate end pursued by the Court. Yet it is open to question whether that end is worth every legal means, including reliance on a convention which, in various respects, might result in an undue ossification and regression of the law of State immunity as hitherto interpreted and applied by many States.

National Policies and Attitudes Toward the United Nations

1952 ◽  
Vol 5 (1) ◽  
pp. 129-132 ◽  
Author(s):  
Lawrence S. Finkelstein
Keyword(s):  
World War Ii ◽  
United Nations ◽  
San Francisco ◽  
World War ◽  
National Policies ◽  
The World ◽  
Police Action ◽  
The Creation ◽  
The United Nations ◽  
Short Time

Seven years have passed since the UN Charter was signed in San Francisco in the month of June 1945. In that short time, events have disproved some of the most important assumptions about the postwar world on which the 1945 decisions were based.Efforts have been made, notably in the improvisations of the Korea police action, in the creation of the Interim Committee, and in the Uniting for Peace Resolution, to adapt the structure conceived at San Francisco so that it would more closely meet the needs of the world as it emerged from the crucible of World War II.

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