international agreement
Recently Published Documents


TOTAL DOCUMENTS

470
(FIVE YEARS 90)

H-INDEX

20
(FIVE YEARS 1)

2022 ◽  
pp. 86-95

A system for ensuring the convertibility of a currency into specified commodities is also, ipso facto, a system for stabilizing the prices of those commodities in terms of the currency in question. This connection is widely ignored in discussions of these two subjects, but it links the two specialised fields of monetary economics and commodity price stabilization tightly together. Unfortunately, despite much work on the topic spanning many decades, almost all such work is made within a single paradigm – that of establishing an international institution to stabilize commodity prices. However, for a number of reasons, no international agreement can achieve more than a very partial solution to this problem: most importantly it cannot directly stabilize more than a single currency, thereby losing the most fundamental benefit of a true solution for all but one of the participating countries. A different approach is therefore needed.


Author(s):  
Iryna Osmirko ◽  
Ivanna Maryniv

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.


2021 ◽  
Vol 11 (3) ◽  
Author(s):  
Jakub HANDRLICA

Traditionally, the scholarship of administrative law has paid only very limited attention to the phaenomenon of extraterritoriality. Hereby, the scholarship has reflected the theoretical considerations concerning the sovereignty of the State, which have implied that administrative authorities execute their functions exclusively in the territory of the State. At the same time, the scholarship of international public law has traditionally acknowledged that – as based on a corresponding international agreement – a State may allow the administrative authorities of a foreign State to execute certain functions in its own territory. This article aims to reconcile these two approaches, demonstrating that the phaenomenon of extraterritoriality has emerged to represent an integral part of the system of administrative law in various jurisdictions. This article also argues that this perception of administrative law actually fails to represent any new feature, but is based on traditional concepts existing in the public law of Europe. Thus, extraterritoriality must be considered as a part of the ius publicum europaeum commune.


2021 ◽  
Vol 16 (10) ◽  
pp. 73-83
Author(s):  
A. O. Krylepova

The paper examines the phenomenon of extraterritoriality in the legal protection of trademarks. The author highlights the signs of extraterritorial regulation of relations related to the protection of trademark rights, namely, signs of national extraterritorial regulation and signs inherent in international legal models of legal protection of trademarks, such as legal protection of well-known trademarks, legal protection of trademarks that have received an international registration, regional integration models of legal protection of a trademark (trademarks of the EU, EAEU, etc.). As a common feature for all extraterritorial mechanisms, the author proposes to single out the principle of priority of trademarks. For the mechanism of protection of a trademark that has received an international registration and for regional models of trademark protection, the author singles out the need for all the patent offices of all states where protection is sought to approve an application form for the trademark registration and the existence of uniform norms common to all parties to an international agreement. The author of the paper does not exclude the possibility of overcoming the territorial principle and reducing possible infringements in the field of trademark protection.


Author(s):  
Haris Kusumawardana

This study aims to determine and analyze the existence of international agreements in the era of globalization. This research is a descriptive normative juridical law research. The approach used is a qualitative approach. In international relations, many countries experience problems in carrying out their relationships. This makes the role of international treaties very important, in order to regulate various matters that become agreements between countries in carrying out relations with other countries. For this reason, the role of international agreements in the era of globalization is an important topic to discuss. It aims to measure how far the country's compliance in carrying out international agreements. The implementation of international treaties well by the countries involved is the goal of the establishment of the international agreement.


2021 ◽  
Author(s):  
Cedric Marti

The European Convention on Human Rights (ECHR) has evolved from an international agreement into a highly integrated legal community with an ever more pervasive effect on domestic law and individuals. The supranational authority of the European Court of Human Rights bypasses the nation state in a growing number of other areas. Understanding the evolution of the ECHR and its Court may help in explaining and contextualising growing resistance against the Court, and in developing possible responses. Examining the Convention system through the prism of supranationality, Cedric Marti offers a fresh, comprehensive and interdisciplinary perspective on the expanding adjudicatory powers of the Court, including law-making. Marti addresses the growing literature of institutional studies on human rights enforcement to ascertain the particularities of the ECHR and its relationship to domestic legal systems. This study will be of great value to both scholars of international law and human rights practitioners.


10.5852/hc45 ◽  
2021 ◽  
Author(s):  
Catherine Aubertin ◽  
Anne Nivart

The Nagoya Protocol is a major international agreement for global biodiversity governance and was meant to put an end to the uncompensated exploitation of natural resources and knowledge in the Global South. Its objectives were to ensure greater justice and equity between providers and users of genetic resources, raise the profile of the contributions and knowledge of indigenous and local communities, and decolonise research, while promoting the conservation of biodiversity. Thirty years after the Convention on Biological Diversity from which it originated, the authors examine the legal and practical manifestations of this virtuous framework, which entered into force in 2014. While it has fostered recognition of the plural nature of knowledge and helped to establish traceability of resources, it has also contributed to imposing a commercial vision of nature and knowledge, exacerbating identity politics, and making access to biodiversity more complex in an era of globalised research. This book presents an interdisciplinary dialogue based on feedback from researchers and conservation stakeholders (local communities, managers of collections and natural parks). Looking beyond the Nagoya Protocol, it invites us to question the relationships between societies and nature in light of the ecological emergency. It is intended for anyone with an interest in the economics of biodiversity and environmental justice.


2021 ◽  
pp. 185-194
Author(s):  
O. R. Vaitsekhovska

The article under studies is a legal analysis of the international contractual lawmaking in the field of finance. It lays particular emphasis on the role of international financial agreements in forming the international financial order enforcement. The article contains a classification of international agreements, which directly or indirectly aim at regulating financial relations according to the following criteria: 1) the subject of legal regulations; 2) the legal status of the parties that conclude an international agreement; 3) the number of the parties in an international agreement. In addition, the paper under discussion analyzes the contents of the statutes of certain international financial organizations, whose norms play a significant role for the legal-normative constituent of the international financial order enforcement. The research indicates that in compliance with the nature of the irfunctions and the number of the parties, international financial agreements are divided into: A) the international agreements, which set up the legal basics and a single procedure of the inter-state relations in a certain field of activities of the international financial relations (the fields of currency relations, settlement relations, countering terrorism financing, etc.) andserveas a basis for concluding other agreements in a respective area: 1) the international agreements that aim at coordinating states in the international financial relations (statutes of the international financial organizations); 2) the international agreements that have a mixed legal nature in the context of the ultimate legal entities, to which most of the provisions of the agreement are directed. Such inter-state agreements make the states fulfil their obligations by implementing the international norms into their national legislations, which concern the financial relations between legal and juridical persons. B) The international agreements, which contain individually determined financial norms (on the issues of financing, investing, etc.).


2021 ◽  
Vol 13 (4) ◽  
Author(s):  
N Vermeulen ◽  
M.S. Abrao ◽  
J.I. Einarsson ◽  
A.W. Horne ◽  
N.P. Johnson ◽  
...  

Background: In the field of endometriosis, several classification, staging and reporting systems have been developed. However, endometriosis classification, staging and reporting systems that have been published and validated for use in clinical practice have not been not systematically reviewed up to now. Objectives: The aim of the current review is to provide a historical overview of these different systems based on an assessment of published studies. Materials and Methods: A systematic Pubmed literature search was performed. Data were extracted and summarised. Results: Twenty-two endometriosis classification, staging and reporting systems have been published between 1973 and 2021, each developed for specific and different purposes. There is still no international agreement on how to describe the disease. Studies evaluating different systems are summarised showing a discrepancy between the intended and the evaluated purpose, and a general lack of validation data confirming a correlation with pain symptoms or quality of life for any of the current systems. A few studies confirm the value of the Enzian system for surgical description of deep endometriosis. With regards to infertility, the endometriosis fertility index has been confirmed valid for its intended purpose. Conclusions: Of the 22 endometriosis classification, staging and reporting systems identified in this historical overview, only a few have been evaluated, in 46 studies, for the purpose for which they were developed. It can be concluded that there is no international agreement on how to describe endometriosis or how to classify it, and that most classification/staging systems show no or very little correlation with patient outcomes. What is new? This overview of existing systems is a first step in working towards a universally accepted endometriosis classification.


Sign in / Sign up

Export Citation Format

Share Document