scholarly journals The relationship between public international law and petroleum law: Study of the case between Timor-Leste and Australia

2019 ◽  
pp. 31-51
Author(s):  
Jeremias Pereira ◽  
Lívia Haygert Pithan
Keyword(s):  
International Law ◽  
National Parliaments ◽  
Public International Law ◽  
Oil Companies ◽  
Timor Leste ◽  
Oil And Natural Gas ◽  
Definition Of ◽  
The Right ◽  
The Relationship ◽  
Maritime Territory

This article aims to analyze the Law of the Sea and Petroleum to understand the reasons that generated, for more than a decade, the conflict between Timor-Leste and Australia regarding the definition of definitive maritime borders. Timor-Leste has already been exploited and invaded by several nations. Because of the abundance of oil and natural gas, it suffered to gain independence in 2002, as well as struggled to enjoy its maritime territory until 2018, from this new context of the maritime border treaty signed between Timor-Leste and the Australia. The median equidistance line was the parameter used to define the definitive Timorese borders, granting the right to enjoy their maritime territory. The definitive pact on borders has contributed greatly to the development of Timor-Leste, due to the exploitation of sea riches, in addition to recognizing the country’s need for oil companies to assist in the evolution of Timor-Leste in a specific and punctual way. This now needs to be ratified by the national parliaments of both countries. The ratification process is due to be completed in 2019. Timor-Leste is currently seeking to negotiate its maritime borders with Indonesia, but these have been suspended during the mandatory conciliation process with Australia. Now that this process is over, the two countries can resume their discussions aga

scholarly journals Rules of jurisdiction in the new Hungarian private international law

2021 ◽  
Author(s):  
Katalin Gombos
Keyword(s):  
International Law ◽  
Private International Law ◽  
The Novel ◽  
Public International Law ◽  
International Distribution ◽  
Basic Purpose ◽  
Definition Of ◽  
The Relationship

AbstractOn 1 January 2018, a new act entered into force in Hungary. This act is the new code of private international law in Hungary. The basic purpose of this article is to present the jurisdictional rules of the new law. In the description I discuss how the new act differs from the rules of the old code. In addition, I focus on international and European trends in private international law. I also examine the extent to which the new Hungarian code complies with these trends, as well as discussing the peculiarities of the Hungarian regulation. The new Code uses the concept of jurisdiction as a rule for the ‘international distribution’ of cases and in the sense of public international law. Therefore, I also address in this article the definition of jurisdiction and other conceptual issues, the doctrines of immunity and the description of the jurisdictional system of the Code. I present the relationship between international, European and Hungarian rules which are relevant in private international law. In addition, I provide an overview of the novel system of jurisdictional rules in the Code.

Understanding the Functions of Jurisdictional Law

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Legal Philosophy ◽  
Law Reform ◽  
The Internet ◽  
Private International Law ◽  
Public International Law ◽  
Important Concept ◽  
Definition Of

This chapter takes us into the domain of legal theory and legal philosophy as it places the questions of Internet jurisdiction in a broader theoretical, and indeed philosophical, context. Indeed, it goes as far as to (1) present a definition of what is law, (2) discuss what are the law’s tools, and (3) to describe the roles of law. In addition, it provides distinctions important for how we understand the role of jurisdictional rules both in private international law and in public international law as traditionally defined. Furthermore, it adds law reform tools by introducing and discussing the concept of ‘market sovereignty’ based on ‘market destroying measures’––an important concept for solving the Internet jurisdiction puzzle.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Kelsen – Which Kelsen? A Reapplication of the Pure Theory to International Law

2009 ◽  
Vol 22 (2) ◽  
pp. 225-249 ◽  
Author(s):  
JÖRG KAMMERHOFER
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Pure Theory ◽  
Municipal Law ◽  
Hans Kelsen ◽  
Theory Of Law ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Theorist

AbstractHans Kelsen is known both as a legal theorist and as an international lawyer. This article shows that his theory of international law is an integral part of the Kelsenian Pure Theory of Law. Two areas of international law are analysed: first, Kelsen's coercive order paradigm and its relationship to the bellum iustum doctrine; second, the Kelsenian notion of the unity of all law vis-à-vis theories of the relationship of international and municipal law. In a second step, the results of Kelsenian general legal theory of the late period – as interpreted and developed by the present author – are reapplied to selected doctrines of international law. Thus is the coercive order paradigm resolved, the unity of law dissolved, and the UN Charter reinterpreted to show that the concretization of norms as positive international law cannot be unmade by a scholarship usurping the right to make law.

Foreign act of state and empire

2020 ◽  
Vol 71 (2) ◽  
pp. 135-155
Author(s):  
Courtney Grafton
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
British Empire ◽  
Legal Reasoning ◽  
Public International Law ◽  
Sovereign Equality ◽  
English Law ◽  
The Relationship

The judicial restraint limb of the foreign act of state doctrine is presented as a time-worn doctrine dating back to the seventeenth century. Its legitimacy is indelibly wedded to its historical roots. This article demonstrates that this view is misguided. It shows that the cases which are said to form the foundation of the judicial restraint limb primarily concern the Crown in the context of the British Empire and are of dubious legal reasoning, resulting in a concept trammelled by the irrelevant and the obfuscating. It has also unnecessarily complicated important questions relating to the relationship between English law and public international law. This article suggests that the judicial restraint limb of the foreign act of state doctrine ought to be understood on the basis of the principle of the sovereign equality of states and conceptualised accordingly.

scholarly journals Crimean conflict – from the perspectives of Russia, Ukraine, and public international law

2015 ◽  
Vol 15 (2) ◽  
pp. 23-45
Author(s):  
Milena Ingelevič-Citak
Keyword(s):  
International Law ◽  
Legal Status ◽  
Self Determination ◽  
Historical Background ◽  
Public International Law ◽  
Russian Law ◽  
The Right ◽  
Crimean Crisis ◽  
Secessionist Movement

Abstract The article presents the Crimean conflict from Russian and Ukrainian standpoints, confronting them with international law analysis. It is worth to mention, that Crimean crisis is still extremely controversial, since both parties are justifying their actions with norms of international law. This article starts with brief introduction of historical background of the Crimean crisis. Second chapter assesses the Crimean secessionist movement claiming the right of self-determination, and its compliance with Ukrainian law. Third chapter examines Russia’s position and its actions on the basis of Russian law. Fourth chapter presents the international law analysis of events in Crimea and its current legal status. Results of the analysis are presented in a conclusion.

1. Foundations and structure of international law

2019 ◽  
pp. 1-20
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

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