HAŠKI PROTOKOL O MERODAVNOM PRAVU ZA OBAVEZE IZDRŽAVANjA IZ 2007. GODINE – OSVRT NA KLjUČNE ODREDBE

2021 ◽  
pp. 481-494
Author(s):  
Mina Pavlović ◽  
Keyword(s):  
International Law ◽  
Second World War ◽  
Private International Law ◽  
World War ◽  
Law System ◽  
Scope Of Application ◽  
International Instruments ◽  
Second World ◽  
Selection Of ◽  
Conflict Of Law

After decades of Hague Conference for private international law's working and several international instruments, enacted by this organisation after the Second World War in the field of private international law aspects of maintenance, Hague Protocol on the Law Applicable to Maintenance Obligations is adopted. Comprehensiveness of the conflict of law solutions relating to different mutual bases of maintenance with international element, selection of adequate linking factors in this filed and certain solutions, based on favor creditoris principle give to Hague Protocol a landmark of quality and significant source of private international law. As Hague Protocol is included in our conflict of law system, the author in this paper exposes the scope of application of this source, it’s key provisions and significance for domestic private international law.

Tracing the Relational Internationalist Perspective in Europe After the Second World War

2018 ◽  
Author(s):  
Roxana Banu
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
International Law ◽  
Second World War ◽  
Private International Law ◽  
World War ◽  
Analytical Point ◽  
The Individual ◽  
Second World ◽  
Point Of Reference

This chapter describes the internationalist thinking in private international law after the Second World War and the extent to which internationalist scholars of this period took the individual or the state as the analytical point of reference. It shows how, around the middle of the twentieth century, Henri Batiffol in France and Gerhard Kegel in Germany reawakened an interest in theoretical discussions around the justice dimensions of private international law, while also attempting to repurpose and validate private international law methodology and techniques. Furthermore, this chapter provides an in-depth reading of English private international law scholarship after the Second World War in order to show how English scholars tried to reconstruct private international law theories focused on vested rights as human rights theories.

I

1986 ◽  
Vol 80 (4) ◽  
pp. 896-901 ◽  
Author(s):  
Manfred Lachs
Keyword(s):  
International Law ◽  
The United States ◽  
Second World War ◽  
World War ◽  
International Court Of Justice ◽  
International Court ◽  
History Of ◽  
American Society ◽  
Second World ◽  
Shed Light

To write of Philip Jessup means to survey the history of the teaching of international law in the United States throughout the last half century; to cover all important events concerning the birth of international organizations on the morrow of the Second World War; to visit the halls of the General Assembly and the Security Council; to attend meetings of the American Society of International Law and the Institute of International Law, where he so frequently took the floor to shed light on their debates; to attend sittings of the International Court of Justice in the years 1960-1969. I could hardly undertake this task; there are others much more qualified to do so. What I wish to do is to recall him as a great jurist I knew and a delightful human being; in short, a judge and a great friend whom I learned to admire.

SYMOIN STOILOV (1887-1961): DETAILS OF SCIENTIfiC CAREER

2021 ◽  
Vol 9 (1) ◽  
pp. 152-163
Author(s):  
O. Martynyuk ◽  
I. Zhytaryuk
Keyword(s):  
Interwar Period ◽  
Analytic Functions ◽  
Complex Analysis ◽  
Topological Analysis ◽  
Second World War ◽  
Educational Process ◽  
Mathematical Science ◽  
World War ◽  
Second World ◽  
Selection Of

The present article covers topics of life, scientific, pedagogical and social activities of the famous Romanian mathematician Simoin Stoilov (1887-1961), professor of Chernivtsi and Bucharest universities. Stoilov was working at Chernivtsi University during 1923-1939 (at this interwar period Chernivtsi region was a part of royal Romania. The article is aimed on the occasion of honoring professors’ memory and his managerial abilities in the selection of scientific and pedagogical staff to ensure the educational process and research in Chernivtsi University in the interwar period. In addition, it is noted that Simoin Stoilov has made a significant contribution to the development of mathematical science, in particular he is the founder of the Romanian school of complex analysis and the theory of topological analysis of analytic functions; the main directions of his research are: partial differential equation; set theory; general theory of real functions and topology; topological theory of analytic functions; issues of philosophy and foundation of mathematics, scientific research methods, Lenin’s theory of cognition. The article focuses on the active socio-political and state activities of Simoin Stoilov in terms of restoring scientific and cultural ties after the Second World War.

Amnesties in the Light of Developments in International Law and the Establishment of the International Criminal Court

2002 ◽  
Vol 51 (1) ◽  
pp. 91-117 ◽  
Author(s):  
Jessica Gavron
Keyword(s):  
International Law ◽  
Second World War ◽  
Criminal Court ◽  
World War ◽  
Military Tribunal ◽  
War Criminals ◽  
The First World War ◽  
The Impact ◽  
Second World ◽  
First World

Amnesties presuppose a breach of law and provide immunity or protection from punishment. Historically amnesties were invoked in relation to breaches of the laws of war and were reciprocally implemented by opposing sides in an international armed conflict. The impact of the two world wars in the first half of the twentieth century, however, had considerable implications not only for the use of amnesties, but also for their legality under international law. The scale of the First World War precipitated a new phase of unilateral amnesty for the victors and prosecutions of war criminals for the defeated aggressor states.1 This precedent was followed after the Second World War,2 with the establishment of the first ‘international’3 criminal court, the International Military Tribunal at Nuremberg. However, the horrors perpetrated during the Second World War also prompted the development of a branch of international law aimed at recognising and protecting human rights in an attempt to prevent such atrocities being repeated.

UPRAVNO SUDSTVO PREMA VIDOVDANSKOM USTAVU

2021 ◽  
Author(s):  
Zoran Jovanović ◽  
◽  
Stefan Andonović
Keyword(s):  
Second World War ◽  
The State ◽  
State Council ◽  
World War ◽  
Basic Principles ◽  
Legal Nature ◽  
History Of ◽  
Administrative Courts ◽  
Second World ◽  
Selection Of

The Vidovdan Constitution of the newly formed Kingdom of Serbs, Croats and Slovenes is one of the most important monuments of regional history of constitutional law. Adopted in 1921, in order to determine the basic principles of state and social organization, the Vidovdan Constitution contained certain provisions that are still acceptable today 100 years later. Moreover, the Vidovdan Constitution represents one of the most important moments in the creation of the administrative judiciary of the states that later emerged in the territory of the Kingdom. Namely, the literature states that the organization of the administrative judiciary, provided by the Constitution, leads to the most significant period in the development of the administrative judiciary (in Serbia) from its founding in 1869 until the Second World War. In this regard, as one of the most important aspects, authors emphasize the introduction of a two-tier administrative judiciary, with significant guarantees of professionalism in the selection of judges. Having in mind its significance in the history of the administrative judiciary, the authors will analyze the basic constitutional norms regarding the legal nature and organization of the administrative judiciary. Also, the research will include the issue of the position of judges of the administrative court and members of the State Council. In addition to the constitutional provisions, paper gives mentions to relevant provisions of the Law on the State Council and Administrative Courts, as well as the Decree on the State Council and Administrative Courts adopted shortly after the Vidovdan Constitution.

Building a Case against the War Criminals

2017 ◽  
Author(s):  
Dean Aszkielowicz
Keyword(s):  
International Law ◽  
War Crimes ◽  
International Agreements ◽  
Second World War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
War Criminals ◽  
Post War ◽  
Second World

Long before the Second World War ended, the Allies were planning to prosecute Axis war criminals, including both those in positions of leadership and the perpetrators of individual crimes. There was no standing war crimes court at the end of the Second World War, however, and the post-war trials were a watershed in international law. For the trials at Nuremberg and Tokyo, Allied planners drew on the development of international humanitarian law and international agreements signed by the combatants over the decades preceding the war. The vast majority of war criminals who were prosecuted did not face the court at Nuremberg or Tokyo: they appeared before national military tribunals which were conducted according to each prosecuting country’s war crimes law. The Australian War Crimes Act passed through the parliament in October 1945, shortly before trials began.

The Second World War and International Law

1946 ◽  
Vol 40 (4) ◽  
pp. 742-755 ◽  
Author(s):  
Eugene A. Korovin
Keyword(s):  
International Law ◽  
Second World War ◽  
Political Systems ◽  
World War ◽  
Social Forms ◽  
The Sacrifice ◽  
Second World

The Second World War inflicted countless sufferings and misfortunes on mankind. At the same time the war put to the test, in the sacrifice and heroism at the battlefronts and in the rear, many peoples and states, social forms and political systems, doctrines and theories.

Efforts to eliminate torture through international law

1989 ◽  
Vol 29 (268) ◽  
pp. 9-25 ◽  
Author(s):  
Hans Haug
Keyword(s):  
International Law ◽  
Human Person ◽  
Second World War ◽  
Brute Force ◽  
Physical Pain ◽  
World War ◽  
Electric Shocks ◽  
The Will ◽  
Extreme Cold ◽  
Second World

The idea of “respect for human rights and for fundamental freedoms for all” has been disseminated throughout the world since the Second World War and has influenced both international law and national legislation in many States. Nevertheless, torture, that most fundamental assault on the human person, has continued over the years to be practised, either systematically or occasionally, in many countries. Torture, in which a person is intentionally subjected to extreme physical pain or emotional distress, is used mainly to elicit information, break the will to resist, intimidate, humiliate and degrade. It is also used to mete out (illegal) punishment for real or supposed wrongdoings.2 Techniques of torture include withholding food and preventing sleep, abrupt alternation of extreme cold and heat or silence and noise, total isolation, causing mental confusion and distress through misinformation or other means, the use of brute force- sometimes resulting in permanent mutilation- rape, electric shocks, the application of chemicals and Pharmaceuticals, finally death threats.

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