Cognitive Phraseological Variations in Terminology of Public International Law and Its Application in Translation into Farsi

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 7-11

For the past twenty years, “phraseology” has been considered a very important topic of study for various specialized languages. The linguistic view that used to see phraseology such as “idiom researches and lexicography classifying various kinds of idiomatic expressions” has changed meaningfully. Nowadays, thanks to these changes, the new view is focused on identifying and classifying phraseology as well as applying them to research in theory. That is why we would do well to try to define new horizons of phraseology in different specialized languages. The language of interest here is the prescriptive and descriptive language of international law instruments. We should consider this language as the normative language of judges, legislators, courts and international lawyers. These practitioners – who use specific types of phraseology and stable linguistic structures –should perhaps adhere to the use of a professional language that conforms to recognized standards of normative rules. This paper, therefore, tries to define the main relations between phraseology studies and IL Latin expressions and their systematic-semantic equivalences in languages with different roots like Farsi.

2021 ◽  
pp. 185-209
Author(s):  
Avia Pasternak

Chapter 7 examines the problem of the distributive effect with regard to historical wrongdoings. It is commonly thought that present-day states have remedial obligations to the descendants of victims of their historical wrongs. But should present-day citizens pay for wrongs committed by their state in the past? The chapter examines how the intentional participation framework can address this challenge. It shows that citizens who are intentional participants in their state can be expected to accept a nonproportional share of the burdens of their state remedial responsibilities, even for historical wrongs that were committed before their lifetime. However, it also suggests that the state’s internal regime structure affects the scope of intentional citizenship in the state. As it shows, this restriction challenges the common view in public international law, according to which internal regime change does not affect the compensatory liabilities of a state for its past wrongdoings.


Rules controlling State aid and subsidies on the EU and the WTO level can have a decisive influence on both regulatory and distributive decision-making. This field of law has grown exponentially in importance and complexity over the past decades. Rules on State aid and subsidies control are one of the key instruments to ensure that public spending and regulatory measures do not lead to discriminatory distortions of competition. As a consequence, hardly any part of national law is free from review under criteria of State aid and subsidy regulation. In turn, State aid and subsidies law is linked to economic, constitutional, administrative law of the EU and the Member States as well as to public international law. This book provides expert opinion and commentary on the diverse dimensions of this complex and vital area of law. Critically analysing and explaining developments and current approaches in State aid law and subsidies, the chapters take into account not only the legal dimensions but also the economic and political implications. They address the EU law applicable to State aid in the aftermath of the recent State Modernisation reform, and coverage includes: an in-depth analysis of the notion of State aid as interpreted by the Court's cases-law and the Commission's practice; the rules on compatibility of State aid with the internal market; the rules governing the procedure before the Commission; the litigation before the Court of Justice of the European Union; and analysis of the other trade defence instruments, including WTO subsidy law and EU anti-subsidy law.


Eudaimonia ◽  
2021 ◽  
pp. 55-70
Author(s):  
Stefan Rakić

The beginnings of the space race in the middle of the 20th century are well known and documented. But not many people know of the very beginnings of the idea that the use of outer space should be regulated. Its roots do not go deep in the past, as humans could only venture far enough in the 20th century, and therefore, there was no need to establish any kind of rules prior to that period. One of the most common examples used to describe the birth of such an idea is in fact the quote attributed to Theodore von Karman, a rocket scientist at Caltech, who saw the need to establish some ground rules for human activities beyond Earth way back in 1942, more than a decade before the first satellite ever was launched: “Now, Andy, we will make the rockets – you must make the corporation and obtain the money. Later on you will have to see that we behave well in outer space... After all, we are the scientists but you are the lawyer, and you must tell us how to behave ourselves according to law and to safeguard our innocence.”1 This article will attempt to give insight into two crucial questions that may be identified: what changes and challenges does the space law bring to the domain of public international law as a whole (1) and, closely related to the previous question, how should, if at all, the cornerstone principles of space law itself, as they are according to the current OST, be reinvented (2).


2006 ◽  
Vol 55 (2) ◽  
pp. 395-398 ◽  
Author(s):  
Eileen Denza

State immunity is highly unusual among established areas of public international law in that it has been created and developed largely through cases in national courts and through national legislation. In sharp contrast to diplomatic and consular privileges and immunities, the role of reciprocity and of diplomatic negotiation in shaping the rules of state immunity has been rather limited. While national courts have purported to apply these rules as international law, they have inevitably viewed them within the frame-work of the constitutional approach taken by the particular national legal order to rules of international law and they have looked to earlier national precedents rather than to cases in other jurisdictions. In consequence, cross-fertilization has been rather limited and the process of response by national courts to the changing functions of States in the modern world has been painfully slow. Over the past 30 years, the uncertainties and inadequacies of leaving state immunity rules to national courts has been addressed mainly through national statutes—but while the draftsmen and legislators have paid careful attention to other statutes and tried to follow their best features, this process has compounded the perception of the courts that state immunity is an area of national law, to be interpreted and refined at national level.


2019 ◽  
Vol 1 (7) ◽  
pp. 29-32 ◽  
Author(s):  
L. S. Kruglova ◽  
E. M. Gensler

Over the past decades, the first breakthrough milestone in the treatment of severe forms of atopic dermatitis (AD) has been targeted therapy aimed at inhibiting IL-4 and IL-13. This was made possible thanks to advances in the understanding of the pathogenesis of AD, the driver of which is the Th2-type immune response, which also underlies such manifestations of atopy as bronchial asthma, allergic rhinitis, and polynosis. In the case of the Th2-type immune response, cytokines IL-4 and IL-13 are secreted, which are the main promoters of the inflammatory response in AD. Inhibition of IL-4 and IL-13 leads to the prevention of inflammation and is an effective approach to therapy. The use of therapy aimed at inhibition of cytokines allows you to effectively cope with the manifestations of severe and moderately severe blood pressure.


2019 ◽  
Vol 35 (2) ◽  
pp. 277-290
Author(s):  
Meriem A. Loukal

ناولت هذه الدراسة أحكام التجسس باعتباره يثير الكثير من التساؤلات حول مدى مشروعيته؛ وذلك لتجريمه في القوانين الوطنية، وهو ما يجعله في المنطقة الرمادية، وقد زاد التطور التكنولوجي من تعقيد عملية التجسس عندما يكون باستخدام الأقمار الاصطناعية، بالإضافة إلى حاجة المنظمات الدولية إليه في إطار عمليات حفظ السلام، كما أن القبض على الجاسوس يرتب آثارًا قانونية متباينة، ففي زمن الحرب يتعرض للمحاكمة في حين أن تجسس المبعوث الدبلوماسي يؤدي إلى طرده أو خفض العلاقات الدبلوماسية أو قطعها. وقد توصلت الدراسة إلى عدد من النتائج منها: عدم وجود صك دولي إلى اليوم يجرم التجسس، كما لا يمكن تبنيه على المدى البعيد. وجود إجماع فقهي حول عدم تكييف التجسس واعتباره كحد أدنى عملًا غير ودي. وخلصت إلى عدد من التوصيات منها: لابد من الفصل بطريقة حاسمة بين أشكال التجسس بتكييفها وإخراجها من المنطقة الرمادية


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