Legal Acts and Legal Agreements in the Legal System

2021 ◽  
Vol 4 ◽  
pp. 5-14
Author(s):  
V. V. Ershov ◽  
Keyword(s):  
International Law ◽  
Research Methods ◽  
Legal System ◽  
The State ◽  
Multilevel System ◽  
Modern Period ◽  
General Scientific ◽  
Made In

The article analyses both general scientific and special research methods, including comparative legal and historical legal methods. The following conclusion was made: In accordance with the scientifically grounded concept of the integrative understanding of law, objective law is primarily expressed in its principles and norms contained in a single, evolving and multilevel system of forms of national and/or international law implemented in the state, traditionally in legal acts and legal agreements in the modern period.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

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.

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

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 Extraterritorial Jurisdiction: From Theory to International Practices and the Case of Vietnam Law

2020 ◽  
Vol 13 (1) ◽  
pp. 151
Author(s):  
Thi Thu Phuong Tran
Keyword(s):  
International Law ◽  
Legal System ◽  
The State ◽  
Legal Practice ◽  
National Sovereignty ◽  
Long Time ◽  
Extraterritorial Jurisdiction

Extraterritorial jurisdiction is a concept that has been studied and applied for a long time in the legal practice of a number of states. With the evolution of international law, the jurisdiction of each state is established not only on the basis of territorial factor, but also of other factors that represent certain relationship with the state, such as the nationality, the effect of the act on the nation and national sovereignty. These jurisdictions are extraterritorials. However, the grounds for establishing this extraterritorial jurisdiction arouse a lot of debate. The paper analyzes the relationships that make up extraterritorial jurisdiction in accordance with international law and relates to the practice of Vietnam law to clarify the changes of the legal system of Vietnam at present in establishing its jurisdiction over persons and things.

International Criminal Law

1985 ◽  
Vol 20 (2-3) ◽  
pp. 206-242 ◽  
Author(s):  
Yoram Dinstein
Keyword(s):  
International Law ◽  
Legal System ◽  
The State ◽  
International Criminal Law ◽  
Human Being ◽  
Human Beings ◽  
Corporate Entity ◽  
The Veil ◽  
The Individual ◽  
Individual Human

The individual human being is manifestly the object of every legal system on this planet, and consequently also of international law. The ordinary subject of international law is the international corporate entity: first and foremost (though not exclusively) the State. Yet, the corporate entity is not a tangible res that exists in reality, but an abstract notion, moulded through legal manipulation by and within the ambit of a superior legal system. When the veil is pierced, one can see that behind the legal personality of the State (or any other international corporate entity) there are natural persons: flesh-and-blood human beings. In the final analysis, Westlake was indubitably right when he stated: The duties and rights of States are only the duties and rights of the men who compose them.That is to say, in actuality, the international rights and duties of States devolve on human beings, albeit indirectly and collectively. In other words, the individual human being is not merely the object of international law, but indirectly also its subject, notwithstanding the fact that, ostensibly, the subject is the international corporate entity.

scholarly journals RESEARCH STUDY OF MEDICINES USING THE HUMAN BODY AFTER HIS/HER DEATH

2021 ◽  
Vol 74 (11) ◽  
pp. 3103-3107
Author(s):  
Olena І. Antoniuk ◽  
Ivan I. Vyshnyvetskyy
Keyword(s):  
International Law ◽  
Research Methods ◽  
Human Body ◽  
Research Study ◽  
Legal Research ◽  
Preclinical Research ◽  
Legal Nature ◽  
General Scientific ◽  
Conducting Research ◽  
Law And Legislation

The aim of this paper is to determine the legal nature and basis for the research of medicines using the human body after establishing the fact of his/her biological death. Materials and methods: This research study is based on an analysis of the norms of international law and legislation of some states on the admissibility of the research of medicines using the human body after establishing the fact of his/her biological death. The research was carried out using the methods of dialectical and formal logic, general scientific and special legal research methods. Conclusions: The possibility of organizing and conducting research using the human body after ascertaining the fact of his/her biological death as a scientific study distinguishes such studies from related types of medicines research, proposed standardization of these studies within the preclinical research of medicines, and examination of materials funds.

Revolutionary Law Abidance: Kachin Rebel Governance and the Adoption of ihl in Resistance to Myanmar State Violence

2019 ◽  
Vol 19 (5) ◽  
pp. 872-904
Author(s):  
Alicia de la Cour Venning
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal System ◽  
Nation Building ◽  
Field Research ◽  
State Violence ◽  
The State ◽  
Ethnographic Research ◽  
Rebel Governance ◽  
International Legal System

Although armed opposition actors are increasingly prevalent within contemporary conflicts, ethnographies seeking to understand and explain their relationship with international law are scarce. While scholars highlight the state-centric nature of international law, discussing at length how it privileges state over non-state actors, few examine the way rebels perceive and relate to the international legal system. Drawing on seven months of field research among Kachin civil society and the Kachin Independence Organisation / Army (kio/A), this article demonstrates how the kio/A’s nascent engagement with international law is being strategically pursued as part of a broader rebel governance project. Ethnographic research exposes the oft neglected rebel perspective. It reveals how rebels interact with international humanitarian norms as a means to facilitate and mediate relations with both local and international actors, in an attempt to promote nation building aspirations and thereby strengthen resistance to state violence.

scholarly journals Transboundary Civil Litigation for Victims of Southeast Asian Haze Pollution: Access to Justice and the Non-Discrimination Principle

2018 ◽  
Vol 8 (1) ◽  
pp. 119-142
Author(s):  
Prischa Listiningrum
Keyword(s):  
International Law ◽  
Legal System ◽  
State Level ◽  
Southeast Asian ◽  
The State ◽  
Civil Litigation ◽  
Environmental Damage ◽  
Access To Justice ◽  
Haze Pollution

AbstractThis article examines access to justice for victims of the Southeast Asian haze pollution within the legal system of Indonesia as the source-of-origin state. It argues that bringing civil claims against the polluting companies before Indonesian courts offers a more effective avenue towards justice than relying on resolution at the level of state to state. The article first discusses barriers to resolving the problem through the state-to-state level. It then considers whether, under international law, the source-of-origin state is obliged to provide remedies for victims of transboundary environmental damage. The article then reviews the efficacy of pursuing remedies for transboundary civil claims against polluters through the legal system of the source-of-origin state. Finally, the article considers the limitations of the laws of the affected states, which, as a consequence, mean that transboundary civil litigation in the source-of-origin state may be the most effective avenue for redress.

DESCRIPTION OF THE PROCUREMENT OBJECT BY THE STATE CUSTOMER

2021 ◽  
Vol 7 (3) ◽  
pp. 131-143
Author(s):  
Grigorij B. DOBRETSOV
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Scientific Research ◽  
The State ◽  
Legal Responsibility ◽  
Methods Comparison ◽  
Expert Assessments ◽  
General Scientific ◽  
Comparison And Analysis

The legislation on the contract system does not have the definitions of “procurement object”, “technical task”, “lot”, which are widely used in procurement activities by state and municipal customers. With the formation of these substances, customers begin to organize procurement activities. The purpose of this work is to develop systemic rules for the formation of the procurement object in accordance with the norms of the legislation on the contract system and law enforcement practice. The work used general scientific research methods, comparison and analysis, and the method of expert assessments. The regulatory legal acts in the field of procurement were used as of 02 July 2021, including those that come into force from 01 January 2022. The concept of the terms “lot”, “object of procurement” is given, the requirements that are established for the description of objects in the legislation on the contract system are explained: how to describe the product and what should be indicated in the description. The main requirements for the formation of lots in order to protect competition are named. The legal responsibility norms for violations of the purchase objects description are given. It is indicated on what it needs to pay attention while checking the prepared description of the procurement object.

scholarly journals International Law and the Problem of Change: A Tale of Two Conventions

2018 ◽  
Vol 49 (4) ◽  
pp. 447
Author(s):  
James Crawford
Keyword(s):  
International Law ◽  
Nuclear Weapons ◽  
Sharp Contrast ◽  
Modern Period ◽  
Made In

Extensive efforts have been made in the modern period to suppress the possession and use of both chemical and nuclear weapons. However, progress towards the abolition of these two types of weapons presents a rather sharp contrast, as this case study shows. In this article the conventional prohibitions on the possession and use of these weapons are outlined, including the recent Treaty on the Prohibition of Nuclear Weapons of 2017. This Treaty prohibits the possession and use of nuclear weapons but it has not been (and likely will not be) ratified by any of the States that possess nuclear weapons. There is a further, and consequent, contrast between the two kinds of weapons in terms of whether a customary prohibition on the possession and use of chemical and/or nuclear weapons exists; this is also examined. Ultimately, there are lessons to be learned in terms of whether international law can change unless those most concerned, in this case the States that possess chemical or nuclear weapons, want it to change. 

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