Online Hate Speech: A Critical Appraisal of law relating Electronic Evidence in India

2020 ◽  
pp. 1-16
Author(s):  
Chhtrapati Devangkumar ◽  
Dilip Mevada
Keyword(s):  
International Law ◽  
Hate Speech ◽  
Fake News ◽  
Electronic Evidence ◽  
Communication Devices ◽  
Legal Mechanism ◽  
Computer Resources ◽  
Domestic Law ◽  
Modern Era ◽  
Civilized Society

We are living in the era of technology and internet is gift of technology. The advantage of internet is blessings but misuse of internet results into the headache. Online hate speech is one of the issues of the modern era. The legal mechanism is also going through big challenge regarding the protection of online hate speech in India. Section 66 A of the Information Technology Act, 2002, was struck down by the Hon’ble Supreme Court and it created challenge for the protection of online hate speech. We have seen number of incidence where fake news/objectionable materials/hate speech/rumors are put through computer resources and communication devices. It had spread hate and violence in the large number of cases. The researcher put light on the notion of hate speech and discuss in detail the international law, domestic law and judicial pronouncements. Civilized Society is facing enormous crisis to deal with online hate speech. The researcher is examining the existing legal mechanism on online hate speech with the relevant provisions of the law and judgments. Electronic evidence is vital to judge the online hate speech. The legal mechanism and judicial pronouncements on the electronic evidence are scrutinized in

scholarly journals Maritime Piracy in the Modern Era in Latin America

2020 ◽  
pp. 121-128
Author(s):  
Amarilla Kiss
Keyword(s):  
Latin America ◽  
International Law ◽  
Latin American ◽  
Legal Aspect ◽  
Maritime Piracy ◽  
American States ◽  
The Caribbean ◽  
Domestic Law ◽  
Modern Era ◽  
Latin American Countries

Maritime piracy is an activity that was considered defunct long ago and that Latin American countries experience it again in the 21st century. Since 2016 the number of attacks has increased dramatically involving armed robbery, kidnapping and massacre. Modern day piracy has nothing to do with the romantic illusion of the pirates of the Caribbean, this phenomenon is associated with the governmental, social or economic crisis of a state. When it appears, we can make further conclusions regarding the general conditions of the society in these states. But do these attacks really constitute piracy under international law? Does Latin American piracy have unique features that are different from piracy in the rest of the world? The study attempts to answer the questions why piracy matters in Latin America and how it relates to drug trafficking and terrorism. Apart from that, the study presents a legal aspect comparing the regulation of international law to domestic law, especially to the national law of Latin American states.

scholarly journals EU Sanctions against Russia: Features of the Legal Mechanism

2018 ◽  
Vol 5 (3) ◽  
pp. 17-21
Author(s):  
O M Meshcheryakova
Keyword(s):  
International Law ◽  
Eu Law ◽  
Present Stage ◽  
Distinctive Features ◽  
Legal Norms ◽  
Legal Problems ◽  
The Subject ◽  
Legal Mechanism ◽  
First Time ◽  
Domestic Law

The article is devoted to the examination of the new stage of EU. The aim of the article is to analyze legal problems related to the formation of modern EU law international and integration law in the context of globalization, the place of integration law in the system of the legal international law and the formation of Russia’s overall international policy.Scope of the article is the norms of integration law, international law, European Union (EU) law and domestic law, aimed at solving these problems and the features of the legal mechanism of sanctions of EU at the present stage of the development of EU law.The article analyses the perspectives of the further transformation of the alliance, including the prospects of the elaboration of the new strategic concept.Author’s reasonable position relies on the legislation and opinions of the competent scientif ic environment on the question of patterns of the development of the subject in point. Based on the analysis of legal norms, the distinctive features of the development of the concept of «sanction» are differentiated regarding globalization and the formation of integration communities caused by it.The methodological basis of the research is a set of methods of scientific knowledge, among which the main place is occupied by the methods of historicism, comparative-legal, as well as formal-legal and systemic approach.The analysis at the article of the formation of a new legal international and integration law and of integration law carried out in the article and its connection with the practice is for the first time conducted in the Russian legal science. Its provisions can be used in further studies on issues of integration, international, European and comparative law.The research revealed the importance of integration communities for the development of international law.

Domestic Anti-Avoidance Legislation in Relation to Tax Treaty Law

2017 ◽  
Vol 6 (2) ◽  
pp. 312
Author(s):  
Shkumbin Asllani
Keyword(s):  
International Law ◽  
Tax Avoidance ◽  
International Taxation ◽  
Main Principle ◽  
Legal Practice ◽  
Tax Treaties ◽  
International Tax ◽  
Tax Payers ◽  
The Relationship ◽  
Domestic Law

In today’s international taxation most of the developing countries enter into tax treaties which are drafted in line with the OECD MC to eliminate double taxation. Yet, is well-known fact that tax treaties in practice are abused by tax payers, therefore, majority of states have introduce legislation specifically designed to prevent tax avoidance and protect their domestic interests. In legal practice and literature the act of overriding international tax treaties and denying treaty benefits in favour of domestic law provisions threatens main principle of international law and therefore is questionable to what extend the relationship between domestic law and international tax treaty agreements bridges the international norms.

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

“Be Karbala Miravim!”

2017 ◽  
Author(s):  
Anicée Van Engeland
Keyword(s):  
At Risk ◽  
International Law ◽  
Hybrid System ◽  
Legal System ◽  
Iraq War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Standards ◽  
Domestic Law

This chapter considers the extent to which Islamic governance can integrate international humanitarian law (IHL) into its own legal system by examining the case of Iran. It addresses the consequences of the emergence of an Islamic-universal hybrid legal system. The stakes are high because IHL’s efficiency and necessity have been questioned: The existence of the Iranian hybrid system of law can be perceived as a threat by scholars arguing that international law is at risk of fragmentation due to the variety of domestic and regional approaches to fundamental legal standards. The importance of those stakes is illustrated by the Iran-Iraq War: The process of mixing a universal secular legal system with a religious domestic law occurred at a crucial time when Iran was at war with Iraq, with clear effects on the protection of civilians and the conduct of hostilities.

scholarly journals The Potential Impact of Indigenous Rights on the International Law of Nationality

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 135-139
Author(s):  
Kirsty Gover
Keyword(s):  
International Law ◽  
Legal Status ◽  
Indigenous Rights ◽  
Supreme Court Of Canada ◽  
Constitutional Rights ◽  
The Supreme Court ◽  
Potential Impact ◽  
Human Rights Norms ◽  
Domestic Law ◽  
Court Of Appeal

International law has long recognized that the power of a state to identify its nationals is a central attribute of sovereignty and firmly within the purview of domestic law. Yet these boundaries may be shifting, in part due to the effect of international human rights norms. In 2011, citizenship scholar Peter Spiro asked, “[w]ill international law colonize th[is] last bastion of sovereign discretion?” Ten years later, this essay reframes the question, asking whether the international law of Indigenous Peoples’ rights will “decolonize” the discretion, by encouraging its exercise in ways that respect and enable Indigenous connections to their traditional land. It considers this possibility in light of two recent cases decided by courts in Australia and Canada, both of which ascribe a distinctive legal status to non-citizen Indigenous persons: Love v. Commonwealth, Thoms v Commonwealth (“Love-Thoms,” Australian High Court) and R. v. Desautel (“Desautel,” British Columbia Court of Appeal, currently on appeal before the Supreme Court of Canada). In each case, the court in question recognized that some Indigenous non-citizens have constitutional rights to remain within the state's territory (and perhaps also a correlative right to enter it), by virtue of their pre-contact ancestral ties to land within the state's borders.

Dual Nationality and International Criminal Court Jurisdiction

2020 ◽  
Author(s):  
Andrew Wolman
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Functional Approach ◽  
Criminal Court ◽  
State Party ◽  
South Korean ◽  
Dual Nationality ◽  
Municipal Law ◽  
Domestic Law

Abstract The International Criminal Court (ICC) can exercise jurisdiction over nationals of states parties. However, it has never been clear whether the Court will automatically recognize a nationality that has been conferred by a state party under its domestic law, nor what criteria it would use to evaluate that nationality should it not be automatically accepted. In December 2019, the Office of the Prosecutor made its first formal pronouncement on the question, finding that the ICC does not have jurisdiction over North Koreans, despite their being South Korean nationals under South Korean law, because North Koreans are not able to exercise their rights as South Koreans until accepted as such by application, and on occasion their applications might be refused. In this article, I reject the Prosecutor’s analysis as misguided. I also reject the other main approaches to nationality recognition suggested by scholars, namely a ‘genuine link’ requirement, a deferral to municipal law, and a deferral to municipal law except where a conferral of nationality violates international law. Instead, I propose a functional approach that would respect municipal conferral of nationality unless that conferral unreasonably interferes with the sovereign interests of a non-state party.

Due diligence as a secondary rule of general international law

2021 ◽  
pp. 1-30
Author(s):  
Richard Mackenzie-Gray Scott
Keyword(s):  
International Law ◽  
Due Diligence ◽  
Legal Practice ◽  
Formed Part ◽  
International Law Commission ◽  
Domestic Law ◽  
Secondary Rule ◽  
Law Making ◽  
Law Commission ◽  
Do So

Abstract The conventional understanding of due diligence in international law appears to be that it is a concept that forms part of primary rules. During the preparatory stages in creating the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), the International Law Commission (ILC) focused on due diligence as though it could have formed part of secondary rules. Despite this process, no due diligence provision forms part of the ARSIWA. Yet a number of the final provisions are based on primary rules. This is because the ILC relied on the method of extrapolation in attempts to create secondary rules. Extrapolation is a method of international law-making by which the output of an analytical process is reproduced in a different form following an examination of its content that exists in other forms. In using this method, the ILC attempted to create secondary rules by extrapolating from primary rules. Yet it did not do so with respect to due diligence. However, due diligence can be formulated and applied differently by using this same method. This article analyses the steps of this process to construct a vision of where international legal practice should venture in the future. In learning from and amalgamating the dominant trends in different areas of international and domestic law, this article proposes that due diligence could exist as a secondary rule of general international law. By formulating and applying due diligence as a secondary rule, there is potential to develop the general international law applicable to determining state responsibility for the conduct of non-state actors.

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