PRAVNI OKVIRI EKONOMSKOG KORIŠĆENjA KASPIJSKOG MORA

2021 ◽  
pp. 83-98
Author(s):  
Milan Palević ◽  
Keyword(s):  
Comparative Method ◽  
Legal Aspect ◽  
Geographical Area ◽  
Legal Framework ◽  
International Agreements ◽  
International Treaties ◽  
Historical Method ◽  
Economic Exploitation ◽  
The Status

The main goal of this research is to present the legal framework that determines the manner and scope of exploitation of natural resources in the Caspian region. This goal was achieved by analyzing the relevant international agreements applied in this geographical area, using the historical method. Then, the relevant international agreements and customs that are applied to the status issues of the sea and lakes, which are important for defining the legal regime of reference for regulating the use of these waters and their resources, are analyzed. In this part of the analysis, a comparative method was mostly used, which compared the provisions contained in universal international treaties with the provisions contained in regional international treaties. The main results of the research, in the part related to the status determination of the Caspian water basin, is that none of the known concepts for determining the status can be fully applied to it, that it contains elements of the closed sea, and elements of the border lake and elements condominium, and that all this together potentially represents elements of a new unique concept. In the part of the paper that refers to the legal framework of exploitation of the observed area, the main conclusion is that the most reference norms for its determination are contained in regional instruments that regulate the issue of environmental protection because they direct the manner and scope of economic exploitation. The limitations of this research are first of all that of several aspects of the status determination of the observed area, it is limited only to the legal aspect, and that it is limited to the analysis of the impact of environmental norms on the subject of research.

Retroactivity in international treaty law

2021 ◽  
Author(s):  
Iryna Osmirko ◽  
Ivanna Maryniv
Keyword(s):  
General Rule ◽  
International Agreements ◽  
Vienna Convention ◽  
Main Body ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Retroactive Effect ◽  
The Status ◽  
Contractual Obligations

Problem setting. Due to the fact that the constitutional norms determine the status of an international treaty, the binding nature of which has been approved by the parliament as part of national legislation, it is important to study the temporal effect of international treaties, namely their retroactivity. In general, the Vienna Convention contains a provision according to which an international treaty has no retroactive effect in respect of the States which are parties to it, except where the intention to give retroactive effect to the treaty follows from the treaty itself or the agreements of its parties. These exceptions to the general rule indicate the non-absoluteness of the latter, so it is appropriate to study the factors that determine the existence of retroactive agreements, as well as controversial and controversial issues that arise in this regard. Analysis of recent researches and publications. Scholars such as S.N. Ivanov, RA Kalamkaryan, M.A. Kapustina, II Lukashuk, OV Pushnyak and others. However, this area needs further study and analysis, given the existence of exceptions to the general provision on the lack of retroactive effect of international agreements. Target of research. Тo consider the conditions under which an international treaty has retroactive effect, to investigate the factors influencing the decision to grant retroactive effect and the issues arising in connection with the retroactivity of international treaties. Article’s main body. This study examines the non-absoluteness of the provision on the absence of retroactive effect of international agreements. Among the reasons that encourage states to anticipate retroactive effect – the interpretive or additional nature of the international agreement or the need to resolve the situation that arose before its conclusion. It should be emphasized that some agreements have retroactive effect by virtue of their object, which provides this retroactive effect, as agreed by the parties, although not explicitly stated in the contract. It is also not uncommon for certain rights and obligations to arise not because of an international treaty that has not yet entered into force, but because of customary norms that are enshrined in it. Conclusions and prospects for the development. The principle of no retroactive effect of an international agreement is not absolute. In each case, the reasons for the application of retroactivity must be decided by a judicial authority in the process of interpreting the contractual obligations. An important role in the possibility of retroactive application of an international treaty is played by its object or the co-existing customary norms of international law and the principles recognized by civilized nations as binding.

الأحكام الإجرائية والموضوعية لانضمام فلسطين للمعاهدات الدولية

2018 ◽  
Vol 3 (2) ◽  
pp. 1-13
Author(s):  
Ahmed A. A. Shehab ◽  
Nurazmallail Marni
Keyword(s):  
Legal System ◽  
Comparative Method ◽  
Competent Authority ◽  
The State ◽  
International Treaties ◽  
International Treaty ◽  
Historical Method ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
National Constitution

The international treaties are among the most important sources of international law. Recent years have witnessed an exaggerated interest by the international community in the development of the international legal system through the legislation of treaties and the implementation of international commissions, bodies and non-governmental organizations. The State is no longer bound by the national Constitution and domestic legislations, but also by a series of international treaties and their obligations and responsibilities at the international and national levels. In order to ensure the validity of these procedures, the treaty requires the parties to regulate procedures for the accession to treaties within the national legal system and to determine the legal value of the international treaty in national law and the mechanism of integration and harmonization, whether by an independent law or by texting in the Constitution on the validity of the signing of treaties and its ratification. There is no doubt that the legal position in the Palestinian legislation is unclear regarding the procedural and substantive provisions of international treaties and their application in the legal system, compared to other laws that deal strictly with the legal organization of international treaties. This study aims at separating the procedural and substantive provisions of the accession to international treaties and their applications in the State of Palestine including the identification of the competent authority to sign the Convention, the mechanism for its ratification and the legal value accorded to the international treaty in Palestinian legislation by using the analytical descriptive method, the historical method, and the comparative method. تعد المعاهدات الدولية من أهم مصادر القانون الدولي، ولقد شهدت السنوات الأخيرة اهتماما مبالغا من المجتمع الدولي في تطوير المنظومة القانونية الدولية، من خلال تشريع المعاهدات وإعمال اللجان والهيئات الدولية، والمنظمات غير الحكومية، ولم تعد بذلك الدولة ملزمة بالدستور الوطني والتشريعات الداخلية فحسب، بل بمجموعة من المعاهدات الدولية أيضا،ً وما يترتب عليها من واجبات والتزامات ومسؤوليات على الصعيد الدولي والوطني. ولضمان صحة هذه الإجراءات توجب المعاهدة على الأطراف تنظيم إجراءات الانضمام المعاهدات ضمن المنظومة القانونية الوطنية وتحديد القيمة القانون للمعاهدة الدولية في القانون الوطني وآلية الإدماج والمواءمة، س واء بإصدار قانونٍ مستقل، أو النص في الدستور على صلاحية عقد المعاهدات والتوقيع والتصديق عليها. ولا شك أن الموقف القانوني في التشريع الفلسطيني يتسم بعدم الوضوح فيما يتعلق بالأحكام الإجرائية والموضوعية بإبرام المعاهدات الدولية وتطبيقها في النظام القانوني، مقارنة بقوانين أخرى تتناول بدقة التنظيم القانوني لإبرام المعاهدات الدولية، وتهدف هذه الدراسة لبيان الأحكام الإجرائية والموضوعية للانضمام للمعاهدات الدولية، وتطبيقاتها في دولة فلسطين بما يشمل تحديد السلطة المختصة بالتوقيع على الاتفاقية، وآلية التصديق عليها، والقيمة القانونية الممنوحة للمعاهدة الدولية في التشريعات الفلسطينية. وذلك باستخدام المنهج الوصفي التحليلي، والمنهج التاريخي، والمنهج المقارن.

scholarly journals POLITIK PEMBANGUNAN HUKUM PERJANJIAN INTERNASIONAL TERKAIT STATUS DAN KEDUDUKAN PERJANJIAN INTERNASIONAL DI TINJAU DARI PRAKTIK INDONESIA

2017 ◽  
Vol 24 (1) ◽  
pp. 56
Author(s):  
Siti Sumartini
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal System ◽  
International Agreements ◽  
Public Understanding ◽  
International Treaties ◽  
The Public ◽  
The Status

International agreements (treaties) is one of the mechanisms in international relations as well as one of the sources of international law. Lack of understanding of what the public understanding of international agreements often giving riseto confuse in ournational legal system. Thereby also on the status and position of international treaties in the practice of Indonesia has not provided clarity about what the system is about to be followed by Indonesia.

scholarly journals Langues bantoues de l’entre Congo-Ubangi (RD Congo): documentation, reconstruction, classification et contacts avec les langues oubanguiennes

Afrika Focus ◽  
2015 ◽  
Vol 28 (1) ◽  
pp. 109-119
Author(s):  
Jean-Pierre Bunza Donzo
Keyword(s):  
Comparative Method ◽  
Geographical Area ◽  
Congo Basin ◽  
Northwestern Part ◽  
Bantu Languages ◽  
The Status ◽  
Republic Of The Congo ◽  
Lexical Similarity ◽  
Phonological Reconstruction ◽  
Phd Thesis

This PhD thesis consists of the documentation, reconstruction and classification of ten Bantu langages (bolondó, bonyange, ebudzá, ebwela, libóbi, lingͻmbε, mondóngó, monyͻngͻ, mosángé, págaɓéte) spoken in the geographical area between the Congo and Ubangi Rivers in the northwestern part of the Democratic Republic of the Congo. The study examines the interaction between these languages and seven neighboring Ubangian languages (gbánzírí, gͻbú, maɓó, mbānzā, monzͻmbͻ, ngbandi, ngbaka-mīnāgendē). By means of a lexicostatistical study which determines the degree of lexical similarity between the languages under study, a phylogenetic classification has been established which integrates these languages in the larger sample of 401 Bantu languages used by Grollemund et al. (2015). This quantitative approach has generated Neighbor-Net and Neighbor-Joining networks as well as Bayesian trees, which indicate the internal sub-groups of the Bantu family in general, and more specifically of the Bantu languages of the central Congo basin to which the Bantu languages spoken between the Congo and Ubangi Rivers belong. Subsequently, we have undertaken a descriptive and comparative study of the those languages as well as a study of regular sound correspondances with regard to Proto-Bantu. They possess certain foreign phonemes that have not been reconstructed to Proto-Bantu, such as implosives and labiovelar stops, which have the status of distinct phonemes. The study of these specific sounds suggests that they were borrowed from the neighboring Ubangian languages. The lexical comparison also revealed an interaction between Bantu and Ubangian languages. Certain lexical borrowings were transferred from Bantu to Ubangian, while others moved in the opposite direction. Through the comparative method, we have obtained a phonological reconstruction of the hypothetical ancestor language of these langues. This Proto-Congo-Ubangi Bantu split into two sub-branches, i.e. Proto-Congo Bantu and Proto-Ubangi Bantu.

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 Langues bantoues de l’entre Congo- Ubangi (RD Congo): documentation, reconstruction, classification et contacts avec les langues oubanguiennes

Afrika Focus ◽  
2015 ◽  
Vol 28 (1) ◽  
Author(s):  
Jean-Pierre Bunza Donzo
Keyword(s):  
Comparative Method ◽  
Geographical Area ◽  
Congo Basin ◽  
Bantu Languages ◽  
The North ◽  
The Status ◽  
Classi Cation ◽  
Republic Of The Congo ◽  
Phonological Reconstruction ◽  
Phd Thesis

This PhD thesis consists of the documentation, reconstruction and classfication of ten Bantu languages (bolondo , bonyange, ebudzà , ebwela, lib bi, ling mb , mond ng , mony ng , mos ngé, pagabéte) spoken in the geographical area between the Congo and Ubangi Rivers in the north- western part of the Democratic Republic of the Congo. The study examines the interaction between these languages and seven neighboring Ubangian languages (gb nz r , g b , ma , mb nz , monz mb , ngbandi, ngbaka-m n gend ). By means of a lexicostatistical study which determines the degree of lexical similarity between the languages under study, a phylogenetic classi cation has been established which integrates these languages in the larger sample of 401 Bantu languages used by Grollemund et al. (2015). This quantitative approach has generated Neighbor-Net and Neighbor-Joining networks as well as Bayesian trees, which indicate the in- ternal sub-groups of the Bantu family in general, and more speci cally of the Bantu languages of the central Congo basin to which the Bantu languages spoken between the Congo and Ubangi Rivers belong. Subsequently, we have undertaken a descriptive and comparative study of the those languages as well as a study of regular sound correspondances with regard to Proto-Bantu. They possess certain foreign phonemes that have not been reconstructed to Proto-Bantu, such as im- plosives and labiovelar stops, which have the status of distinct phonemes. The study of these spe- ci c sounds suggests that they were borrowed from the neighboring Ubangian languages. The lexical comparison also revealed an interaction between Bantu and Ubangian languages. Certain lexical borrowings were transferred from Bantu to Ubangian, while others moved in the opposite direction. Through the comparative method, we have obtained a phonological reconstruction of the hypothetical ancestor language of these langues. This Proto-Congo-Ubangi Bantu split into two sub-branches, i.e. Proto-Congo Bantu and Proto-Ubangi Bantu. 

scholarly journals The Development of Joint Stock Companies according to Kosovo’s Legislation and their Comparison with the Region

2016 ◽  
Vol 4 (2) ◽  
pp. 111
Author(s):  
MSc. Detrina Alishani
Keyword(s):  
Comparative Method ◽  
Legal Aspect ◽  
Secondary Data ◽  
Political Stability ◽  
Legal Framework ◽  
Special Importance ◽  
Business Organization ◽  
Investment Climate ◽  
Western Balkans ◽  
Commercial Law

Joint Stock companies or Corporations are the highest forms of business organization and are regulated by law. As the most organized business forms, they have special importance on economic development of a country and that their development and their regulation determine the economic and political stability of a country. To describe corporations and their regulation from the legal aspect, namely to use the descriptive technique, are used secondary data. In this paper has been implemented also the comparative method in order to compare the development of joint stock companies in Kosovo with those in the region. More specifically, the comparison is made with Albania, Macedonia, Montenegro, Croatia and some other countries of the Western Balkans. The legal framework of all these countries is analyzed in detail and comparisons are based on those findings.From this comparison it is noted that while the joint stock companies in other countries have started to act very early, Kosovo as a country which has recently come out of war has managed to issue a law that does not differentiate greatly from any other legislation of neighbouring countries.From the conducted research, it is noted that Kosovo has made progress in terms of legislation in the field of commercial law, which has resulted in improving the investment climate and organization of joint stock companies.

scholarly journals The position of mayor within local authority relations in Hungary and Poland in a comparative perspective

2021 ◽  
pp. 71-88
Author(s):  
Lucyna Rajca
Keyword(s):  
Local Authority ◽  
Comparative Method ◽  
Local Authorities ◽  
Local Leadership ◽  
Historical Method ◽  
Factors Influencing ◽  
The Status ◽  
Relations Of Power ◽  
Executive Body

The study aims to compare the position of Hungarian and Polish mayors in horizontal relations of power, considering the changes taking place in this area over the last few years. The article presents the institutional and legal conditions of local leadership in Hungary and Poland, as well as the role of councils with regard to the executive body. It also describes the systems of election to legislative bodies, which is one of the factors influencing the status of councils and relations within a local authority. The results of the analyses show that there are differences in the positions of Hungarian and Polish mayors and that the relations within local authorities in both countries have been affected by convergent and divergent trends. The study uses the comparative method and an institutional-legal approach, as well as the historical method.

scholarly journals Masterpieces by Ukrainian composers for saxophone as the problem solo academic wind repertoire

2018 ◽  
pp. 140-150
Author(s):  
В. В. Громченко ◽  
К. О. Мальцева
Keyword(s):  
Comparative Method ◽  
Scientific Research ◽  
Scientific Article ◽  
Low Level ◽  
Historical Method ◽  
Musical Works ◽  
The Creation

The purpose of this scientific article is in determination of specialized reasons, relatively reduced concerning decreased composers attention to concert-solo academic saxophone performing in the creation of Ukrainian professional authors. The methodology of research is represented by historical method, which is conditioned by maximally wide period of academic art playing saxophone exactly the time of middle of the 19th – the beginning of the 21st centuries. The comparative method is also used by researcher in the article, as segment of methodological instruments regarding detecting of the differences between solo saxophone masterpieces by Ukrainian and foreign composers. The structurally-analytical and generalizing methods are used   for making  sequence of exposition of scientific material and approving conclusions and also the outlooks of  studying of denoted subject. The novelty of scientific research  is defined by absence of treatment  of the scientists to cause-problem reasons of the decreased attention  Ukrainian composers into sphere of contemporary academic concert-solo saxophone performing. The novelty of this article is also  delineating remained scarcely explored masterworks for saxophone of Ukrainian composers exactly Sonata for saxophone with piano accompaniment  by V. Falkova and piece „In the morning from the high castle” for saxophone solo by Z. Kovpak. Conclusions. The cause-consecutive preconditions, reasons of decreased composer’s attention to concert-solo academic saxophone performing in the creation of Ukrainian authors are determining as historical conditionality, specifically by facts appearance of saxophone family with their ensemble-orchestra nature functioning, and absence composer’s practice from the side of famous saxophonists-players. Among the reasons of low number of domestic solo musical works for saxophone are the low level of creative communication artistic creative communicability of artist with native composers.

scholarly journals SOME ASPECTS OF BEE POPULATION PRESERVATION

2020 ◽  
Vol 1 (12) ◽  
pp. 85
Author(s):  
Ilga Krampuža
Keyword(s):  
Comparative Method ◽  
Research Paper ◽  
Legal Framework ◽  
Environment Protection ◽  
Systematic Method ◽  
Historical Method ◽  
The Impact ◽  
Pesticide Usage ◽  
Impact Of Pesticides

Destructive influence of pesticides on bee population, as well as on people and the environment has been analysed in the research paper.  The aim of the paper is to define topical issues, which have to be solved in order to protect bee population and offer the solutions for bee protection against using of chemicals. The issues of bee population protection have been examined in the context of people and environment protection by the assistance of the systematic method. The comparative method serves in order to view the hazard of bee population in different countries. The development of the normative acts, which regulate bee protection from the impact of pesticides has been discussed by the assistance of the historical method. The following hypothesis has been put forward: the protection of bee population is possible via improvement of the normative legal framework, which refers to the usage of pesticides. The novelty of the research is the offer of   a normative act amendment, which would provide the   checking of pesticide usage in municipalities.

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