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Jurisdiction of States explained | International Law | Lex Animata  | Hesham Elrafei
 
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States jurisdiction in international law : concept, types and examples. By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei State jurisdiction, reflects the international law general principles , of state sovereignty, equality of states , and non-interference in other states domestic affairs, and it means that a government and its courts , have general power to exercise authority, over all persons and things, within its territorial boundaries , however, there must be a link , between the individual , the offence and the state court exercising jurisdiction over that person. while it's primarily territorial, jurisdiction of states may be based on other grounds, like national security , and citizenship of the victim or the offender, however , the enforcement of such jurisdiction, is restricted by territorial factors. State jurisdiction, reflects the international law general principles , of state sovereignty, equality of states , and non-interference in other states domestic affairs. and it means that a government and its courts , have general power to exercise authority, over all persons and things, within its territorial boundaries , in relation to civil and criminal matters. however, there must be a link , between the individual , the offence , and the state court exercising jurisdiction over that person. while it's primarily territorial, jurisdiction of states may be based on other grounds, like national security , and citizenship of the victim or the offender, however , the enforcement of such jurisdiction, is restricted by territorial factors the first base of jurisdiction, is the territorial principle , and it means that the local court power, is geographically restricted, within the borders of that state. However, As one offence may take place in more than one single country, the territorial jurisdiction is divided into 2 categories, subjective and objective. the subjective principle, is exercised by the state in which the offence is started , while the objective principle, is exercised by the state in which the offence is completed. For example, a fraud can be committed by someone in ireland, against another in england. or a shooting incident , can take place on the borders of two countries, on the other hand, the state power is not absolute within its territory , as certain persons, like diplomats. are immune, from the local courts jurisdiction, the nationality of the parties, is the second ground for state jurisdiction, as a state can exercise its jurisdiction, beyond its territory ( boundaries ) , regardless where the person is located, subject that the offender or the victim ( the passive personality ) is a national of the claimant country. The 3rd ground is the protective or security principle, and it allows a State , to exercise jurisdiction over foreigners, outside its territory , regardless of their citizenship , when there is a threat to its national security. And lastly, the universality principle , is the fourth ground for state jurisdiction, and it allows any state , to punish certain international offences abroad , like piracy, slavery , torture , crimes against humanity and genocide, whether committed by or against foreign nationals.
Views: 45816 Hesham Elrafei
International Law explained by Hesham Elrafei |  What are the sources of International Law?
 
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What are the sources of International public law? Le droit international expliqué | Quelles sont les sources du droit international? By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei Overview of the sources of international public law as stated in Article 38 of the international court of justice ICJ statute : treaty, customary law, courts decisions, jurisprudence and law principles. Sources of International Law , explained , simplified and visualized. Les sources du droit international public مصادر القانون الدولي وفقال لمادة 38 من النظام الأساسي لمحكمة العدل الدولية 1 What are the sources of international law? 2 The term ‘source of law’ refer to legal rules governing the international community. 3 Unlike national laws , where sources of law are specified in a norm superior to laws and regulations, usually a constitution, no such norm exists in international law. 4 The International Court of Justice, stipulated a catalogue of sources of international law, which is used when deciding legal disputes submitted before the world court. 5 the first source is international treaties, whether a general or particular treaty, a bilateral ,regional or multinational one, 6 a treaty is a binding international agreement. by which the countries are obliged to observe their contractual obligations. 7 the 2nd source is customary law. At the outset, international law was mainly constituted by customs. 8 which is by its nature, universal, whereas treaty law binds the parties to these treaties only 9 International custom consists of 2 elements: First is State practice, which means What generally States Do and Say. 10 Oppinio Juris is the 2nd element of customary law. It means that the state practice, has to be accepted as law, by the other states. 11 In addition to treaties and customs, other sources exist, such as Judicial decisions , juristic writings and general principles of law. 12 while they are not formal sources , they can still play an important role as an evidence of the law.
Views: 146475 Hesham Elrafei
Sources of International law
 
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According to article 38 of Statute of the International Court of Justice there are five sources of international law. 1. Treaties 2. Customs 3. General Principles of law 4. Judicial Decisions 5. Juristic works
Views: 79369 LAW Notes
Intervention : International Law
 
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Intervention Intervention is dictatorial interference by a state in affairs of another state. Intervention, in principle is prohibited by international law. But it does not prohibit intervention in all circumstances. Intervention can be diplomatic or military. Grounds for intervention – 1. Self-preservation- This is valid ground for a long time. The use of force in self-defense is justified only when it is necessary for self-preservation. 2. Gounds of humanitarian- There are lots of cases in which intervention on humanitarian Grounds was made. UN permits intervention on the ground of violation of human rights. But action must be taken by UN and not by any individual state. 3. To enforce treaty right – It was valid ground in past. UN charter does not recognize it valid. 4. Balance of power- It creates International tension. It is condemned by Jurists. UN Charter says it is invalid ground. 5. Protection of Person and Property- Protection of Person and Property in foreign state is no more valid ground. 6. Collective intervention- Collective intervention means intervention by United Nations. Security Council can take decision in order to maintain International peace and security. For example Security Council took action against Korea in 1950 and Congo in 1961. 7. Intervention in civil war- Generally it is not allowed. But if war is of such magnitude that it is threat to International peace and security then allowed.
Views: 24978 LAW Notes
Principles of State Jurisdiction and International Criminal Law
 
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Presented by Dr Douglas Guilfoyle
Views: 901 djaguilfoyle
What is TERRITORIAL PRINCIPLE? What does TERRITORIAL PRINCIPLE mean? TERRITORIAL PRINCIPLE meaning
 
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What is TERRITORIAL PRINCIPLE? What does TERRITORIAL PRINCIPLE mean? TERRITORIAL PRINCIPLE meaning - TERRITORIAL PRINCIPLE definition - TERRITORIAL PRINCIPLE explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. SUBSCRIBE to our Google Earth flights channel - https://www.youtube.com/channel/UC6UuCPh7GrXznZi0Hz2YQnQ The territorial principle (also territoriality principle) is a principle of public international law under which a sovereign state can prosecute criminal offences that are committed within its borders. The principle also bars states from exercising jurisdiction beyond their borders, unless they have jurisdiction under other principles such as the principle of nationality, the passive personality principle, the protective principle, and possibly universal jurisdiction. The Lotus case was a key court ruling on the territoriality principle. In 1926, a French vessel collided with a Turkish vessel, causing the death of several Turkish nationals. The Permanent Court of International Justice ruled that Turkey had jurisdiction to try the French naval lieutenant for criminal negligence, even though the incident happened beyond Turkey's boundaries. This case extended the territoriality principle to cover cases that happen outside a state's boundaries, but have a substantial effect on the state's interests or involve its citizens. Questions have surfaced regarding how the territoriality principle applies, with the rise of globalization and the Internet. The applicability of this principle also was in question, with the case against Augusto Pinochet and other cases of transnational justice.
Views: 852 The Audiopedia
What is LOTUS CASE? What does LOTUS CASE mean? LOTUS CASE meaning, definition & explanation
 
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What is LOTUS CASE? What does LOTUS CASE mean? LOTUS CASE meaning - LOTUS CASE definition - LOTUS CASE explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. SUBSCRIBE to our Google Earth flights channel - https://www.youtube.com/channel/UC6UuCPh7GrXznZi0Hz2YQnQ The Lotus case concerns a criminal trial which was the result of the 2 August 1926 collision between the S.S. Lotus, a French steamship (or steamer), and the S.S. Boz-Kourt, a Turkish steamer, in a region just north of Mytilene (Greece). As a result of the accident, eight Turkish nationals aboard the Boz-Kourt drowned when the vessel was torn apart by the Lotus. On 7 September 1927 the case was presented before the Permanent Court of International Justice, the judicial branch of the League of Nations, the predecessor of the United Nations. The issue at stake was Turkey's jurisdiction to try Monsieur Demons, the French lieutenant on watch duty at the time of the collision. Since the collision occurred on the high seas, France claimed that the state whose flag the vessel flew had exclusive jurisdiction over the matter. France proffered case law, through which it attempted to show at least state practice in support of its position. However, those cases involved ships that both flew the flag of the same state. The Court, therefore, rejected France's position stating that there was no rule to that effect in international law. The Lotus principle or Lotus approach, usually considered a foundation of international law, says that sovereign states may act in any way they wish so long as they do not contravene an explicit prohibition. The application of this principle – an outgrowth of the Lotus case – to future incidents raising the issue of jurisdiction over people on the high seas was changed by article 11 of the 1958 High Seas Convention. The convention, held in Geneva, laid emphasis on the fact that only the flag state or the state of which the alleged offender was a national had jurisdiction over sailors regarding incidents occurring in high seas. The principle has also been used in arguments against the reasons of the United States of America for opposing the existence of the International Criminal Court (ICC).
Views: 5275 The Audiopedia
Enforcement of Foreign Judgments , explained | Lex Animata |  Hesham Elrafei
 
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Recognition & Enforcement of Foreign Judgments , explained - International Law Animation lectures. By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei This video visualize and simplify the concept of Foreign Court decisions enforcement civil and commercial matters abroad. In terms of principles of comity, reciprocity and res judicata (that is, that the legal issues in question , have been finally decided already by a court , between the same parties, and cannot be ruled on again. ) As a result , the number of treaties between states, has grown quickly , in order to regulate this conflict of law. In the absence of a treaty , a country is not obliged to recognize or to enforce a foreign judgment , as the substance of the foreign court decision is not reviewed . however , some legal systems recognize foreign judgments , more or less to the same degree , as domestic judgments . For instance, countries with more restrictive domestic rules, like France , tend to enter into more bilateral treaties, comparing to the United States, who has zero. In all cases, whether in the presence of a treaty or without , a state can deny the enforcement of a judgment , after examining the following causes: 1ST , whether the rendering court, that issued the judgment has jurisdiction over the case . 2ND , that the judgment is valid , final , and on the merits , under the law of the rendering court 3RD That the defendant had the right to fair trial , was properly served with notice of the proceedings , and had an opportunity to be heard in court , and the right to appeal. 4TH, that the foreign judgment, is not contrary to the public policy of the enforcing country, its national laws , nor with international law Given that no general duty exists, to recognize foreign judgments at all, such exceptions are generally compatible with international law, unless treaty law provides otherwise.
Views: 11370 Hesham Elrafei
What is INTERNATIONAL TRADE LAW? What does INTERNATIONAL TRADE LAW mean?
 
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✪✪✪✪✪ WORK FROM HOME! Looking for WORKERS for simple Internet data entry JOBS. $15-20 per hour. SIGN UP here - http://jobs.theaudiopedia.com ✪✪✪✪✪ ✪✪✪✪✪ The Audiopedia Android application, INSTALL NOW - https://play.google.com/store/apps/details?id=com.wTheAudiopedia_8069473 ✪✪✪✪✪ What is INTERNATIONAL TRADE LAW? What does INTERNATIONAL TRADE LAW mean? INTERNATIONAL TRADE LAW meaning - INTERNATIONAL TRADE LAW definition - INTERNATIONAL TRADE LAW explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. International Trade Law includes the appropriate rules and customs for handling trade between countries. However, it is also used in legal writings as trade between private sectors, which is not right. This branch of law is now an independent field of study as most governments have become part of the world trade, as members of the World Trade Organization (WTO). Since the transaction between private sectors of different countries is an important part of the WTO activities, this latter branch of law is now a very important part of the academic works and is under study in many universities across the world. International trade law should be distinguished from the broader field of international economic law. The latter could be said to encompass not only WTO law, but also law governing the international monetary system and currency regulation, as well as the law of international development. The body of rules for transnational trade in the 21st century derives from medieval commercial laws called the lex mercatoria and lex maritima — respectively, "the law for merchants on land" and "the law for merchants on sea." Modern trade law (extending beyond bilateral treaties) began shortly after the Second World War, with the negotiation of a multilateral treaty to deal with trade in goods: the General Agreement on Tariffs and Trade (GATT). International trade law is based on theories of economic liberalism developed in Europe and later the United States from the 18th century onwards. International Trade Law is an aggregate of legal rules of “international legislation” and new lex mercatoria, regulating relations in international trade. “International legislation” – international treaties and acts of international intergovernmental organizations regulating relations in international trade. lex mercatoria - "the law for merchants on land". Alok Narayan defines "lex mercatoria" as "any law relating to businesses" which was criticised by Professor Julius Stone. and lex maritima - "the law for merchants on sea. Alok in his recent article criticised this definition to be "too narrow" and "merely-creative". Professor Dodd and Professor Malcolm Shaw of Leeds University supported this proposition. In 1995, the World Trade Organization, a formal international organization to regulate trade, was established. It is the most important development in the history of international trade law. The purposes and structure of the organization is governed by the Agreement Establishing The World Trade Organization, also known as the "Marrakesh Agreement". It does not specify the actual rules that govern international trade in specific areas. These are found in separate treaties, annexed to the Marrakesh Agreement. Scope of WTO : (a) provide framework for administration and implementation of agreements; (b) forum for further negotiations; (c) trade policy review mechanism;and (d) promote greater coherence among members economics policies Principles of the WTO: (a) principle of non-discrimination (most-favoured-nation treatment obligation and the national treatment obligation) (b) market access (reduction of tariff and non-tariff barriers to trade) (c) balancing trade liberalisation and other societal interests (d) harmonisation of national regulation (TRIPS agreement, TBT agreement, SPS agreement) The General Agreement on Tariffs and Trade(GATT) has been the backbone of international trade law since 1948 after the charter for international trade had been agreed upon in Havana. It contains rules relating to "unfair" trading practices — dumping and subsidies. Many things impacted GATT like the Uruguay Round and the North American Free Trade Agreement.
Views: 8388 The Audiopedia
International Law   Treaties
 
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Explains the ratification process, details of treaty research and process to validate or update treaty status.
Views: 17972 BC Law Reference
What is INTERNATIONAL HUMANITARIAN LAW? What does INTERNATIONAL HUMANITARIAN LAW mean?
 
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Views: 14963 The Audiopedia
Basic principles of law
 
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A beginners guide to understanding law. Based on university level law books. Helpful to those about to embark on a law career.
Views: 25085 Bill Turner
GENERAL PRINCIPLES OF LAW
 
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-- Created using PowToon -- Free sign up at http://www.powtoon.com/youtube/ -- Create animated videos and animated presentations for free. PowToon is a free tool that allows you to develop cool animated clips and animated presentations for your website, office meeting, sales pitch, nonprofit fundraiser, product launch, video resume, or anything else you could use an animated explainer video. PowToon's animation templates help you create animated presentations and animated explainer videos from scratch. Anyone can produce awesome animations quickly with PowToon, without the cost or hassle other professional animation services require.
Views: 2483 Sam Life
Natural Law Theory: Crash Course Philosophy #34
 
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Our exploration of ethical theories continues with another theistic answer to the grounding problem: natural law theory. Thomas Aquinas’s version of this theory says that we all seek out what’s known as the basic goods and argued that instinct and reason come together to point us to the natural law. There are, of course, objections to this theory – in particular, the is-ought problem advanced by David Hume. Get your own Crash Course Philosophy mug or Chom Chom shirt from DFTBA: https://store.dftba.com/collections/crashcourse The Latest from PBS Digital Studios: https://www.youtube.com/playlist?list=PL1mtdjDVOoOqJzeaJAV15Tq0tZ1vKj7ZV -- Produced in collaboration with PBS Digital Studios: http://youtube.com/pbsdigitalstudios -- Want to find Crash Course elsewhere on the internet? Facebook - http://www.facebook.com/YouTubeCrashC... Twitter - http://www.twitter.com/TheCrashCourse Tumblr - http://thecrashcourse.tumblr.com Support CrashCourse on Patreon: http://www.patreon.com/crashcourse CC Kids: http://www.youtube.com/crashcoursekids
Views: 729010 CrashCourse
Basic Principle of International Humanitarian Law
 
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CEC/UGC: Social Science - 4, Law, Legal Studies, Human Rights and related subjects(Manage by EMRC, Punjab University, Patiala)
EXTRADITION  ; Rule of Specialty ; DOUBLE CRIMINALITY
 
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A brief description of EXTRADITION , RULE of Specialty & Double CRIMINALITY.
How Maritime Law Works
 
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Support Wendover Productions on Patreon: https://www.Patreon.com/WendoverProductions Maritime law is confusing, but interesting (I hope.) Last Video: https://www.youtube.com/watch?v=7PsmkAxVHdM Twitter: http://www.Twitter.com/WendoverPro Email: [email protected] Attributions: South China Sea video courtesy youtube.com/militarytiger (Creative Commons License) Cruise Ship icon by Rohan Gupta from the Noun Project Convention on the Reduction of Statelessness Map by Alinor (Creative Commons License) Old Cruise Ship photo courtesy Roger W from Flickr (Creative Commons License) Foreign Coders photo courtesy Cory Doctorow from Flickr (Creative Commons License)
Views: 2598263 Wendover Productions
What is WESTPHALIAN SOVEREIGNTY? What does WESTPHALIAN SOVEREIGNTY mean?
 
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Views: 28187 The Audiopedia
The Humanitarian Principles
 
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The EU is committed to promoting global respect and compliance with International Humanitarian Law, together with the Humanitarian Principles – humanity, impartiality, neutrality and independence. These help protect the lives of humanitarian workers and ensure safe and unhindered access to those in need. Read more: http://bit.ly/1bJIr0G Video by the European Union
International Law Explained
 
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The depth and breadth of international law. Kal Raustiala: I think international law is one of these things that's a little bit like the air where it's everywhere. We don't really notice it so when you get on a plane and you fly to Europe the ability to get on that plane, cross over the air space of other countries, sometimes you see the little map when you're in the plane that shows you're crossing over Greenland or whatever, all of that is governed by international law in different ways. Different treaties are in place to take care of all the questions that might arise about aviation. So that's a really mundane example and then at the other extreme we've got much more contentious examples like--  Let's take the war in Iraq. So as most of us remember in the run up to the war the Bush administration went to the security council at the United Nations and tried to get a second resolution, and they're doing that because there is a legal framework in place that governs the ability of countries to enter in to armed conflict. So between those two bookends a zillion other examples but I think the thing to recognize about international law is in a globalized world, in an integrated world, you are constantly dealing with things that are crossing borders or you're crossing borders and international law is usually playing some role in shaping that. Question: What dictates international law?the most common thing are treaties and most of us are familiar with--  I mentioned aviation. There are treaties governing that. The UN itself was created by a treaty. So treaties are kind of the backbone a little bit like we think of statutes in the domestic context, but we do have something like common law. We call it customary law so a good example would be the law of the sea. There's all kinds of rules about ships and their ability to go on the high seas and who can board and where they can cross. Most of that is governed by custom and the idea is this custom kind of a cruise over time like the common law becomes entrenched and accepted as law, and then there is also courts. Right. So we have--  The International Court of Justice sits in The Hague and we've got a series of other courts. Right. The World Trade Organization has a court and so forth. So there is a set of judicial institutions much like in our domestic system so in a lot of ways it's a very similar system. There isn't I suppose a constitutional equivalent. There isn't a kind of grand governing thing but there are literally tens of thousands of treaties so a surprising amount of topics are covered.Question: Who are the governing bodies?There are a whole set of international organizations so from the United Nations being the most broad, the most elaborated, probably the most famous. The World Trade Organization is a little more specialized and then you've got dozens and dozens and dozens, thousands probably, of these subsidiary international organizations, international maritime organization dealing with law of the sea questions and so on down the line. And these have been created over the years. Some of them date back to the nineteenth century but for the most part that's a kind of twentieth-century phenomenon so one of the things we see in the last century or so has been one, the rise of these international organizations, the UN being the paramount example, and two, the use of treaties. Treaties existed in the past but when we talked about custom and common law that was much more common. Now we tend to codify that in to treaty. So those two things are sort of two major trends of the last century.Question: How will globalization affect international law?in the sense that you can have a treaty for example in which every country is a member of that treaty and so would be governed by that, and in fact we have lots of treaties that are pretty close to what you've got in virtually every single country. The Convention on the Rights of the Child I think is a good example where only the United States and Somalia when I last checked were not parties to that treaty. The United Nations Charter comes pretty close. Right. So virtually every country--  Switzerland for a long time was a holdout. Virtually every country is part of the UN system and so governed by the rules of the UN Charter so there is no barrier to that and we do see it.
Views: 102648 Big Think
Jus Cogens , Peremptory norms explained | Lex Animata | Hesham Elrafei
 
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What is Jus Cogens ( Peremptory norms ) ? By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei This animation video visualize and simply the concept of Jus Cogens in International law as per the Article 53 of the Vienna Convention on the Law of Treaties 1969, the video examines the following in terms of : definition and meaning of the term, origin in the roman law ( JUS STRICTUM & JUS DISPOSITIVUM ) , example of jus cogens norms ( genocide , crimes against humanity , slavery trade , torture, use of force, piracy , violation of human rights etc ) and the legal effect of an agreement violating a jus cogens norm: void.
Views: 59374 Hesham Elrafei
1 - International Law and Human Rights
 
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International law is the set of rules, agreements and treaties that are binding between countries. When sovereign states enter into agreements that are binding and enforceable, it’s called international law or international legal system. It is horizontal in nature because all States are equal in nature. International laws promote peace, justice, common interests and trade. International laws apply to governments. It’s up to each state government to implement and follow international laws. A country’s laws apply to citizens and other people that are present in the country. However, it’s up to the country’s governing authority to apply international law and keep their agreements with the other countries that are involved. Therefore domestic legal system is said to be vertical in nature because its the state machinery that governs the individuals What comes to your mind when you think of international law? It is simply the set of rules, agreements and treaties that are binding between countries. When sovereign states enter into agreements that are binding and enforceable, it’s called international law or international legal system. It is horizontal in nature because all States are equal in nature. This means that the law applies to all nations equally. So what are the functions of international law? International laws promote peace, justice, common interests and trade. International laws apply to governments. It’s up to each state government to implement and follow international laws. In contrast a country’s laws apply to citizens and other people that are present in the country. However, it’s up to the country’s governing authority to apply international law and keep their agreements with other countries. International law generally comes from five sources given in the article 38 of ICJ Statute: treaties, customs, general principles of law, judicial decisions of ICJ and academic writings. Treaties are express agreements that countries enter into voluntarily. They’re written agreements. They are considered a more modern and deliberate method of law-creation. There are many writers who feel that treaties are most important source of international law as the expressed consent of the state must be taken before it is applied. The entire system of international law is based on consent. The Vienna Convention on the Law of Treaties of 1969 calls for interpretation of treaties based on the plain language of the words in the treaties. The context of the words and the presumption of good faith and good intentions can also play a role in interpreting a treaty. Customs are common practices between countries. They’re common practices that are so expected and consistent that countries operate with the belief that the custom is legally required and binding. Examples of customary law are the prohibitions of a state using or condoning genocide or slavery. Generally, as long as a state doesn’t object to a customary law, it applies to that state. General principles of law are rules of law that develop over time. Principles of law are an understanding of how the law should work based on past rulings. In addition to looking at past rulings, international courts can also look to judicial opinions for help identifying and interpreting international law. The judicial decisions of ICJ are also a source of law though it is subsidiary in nature. The general assembly of UN has the right to ask an advisory opinion from ICJ therefore Court is quite authoritative as far as law-making and the status of the law is concerned. Finally the writings of international academics are also considered subsidiary source of international law as they have a direct impact on customary international law. Until recently international law took no notice of individuals. It used to be a system that only operate between states and governs this interstate relationship. It was generally unconcerned with what states inside its boundaries. The idea of human rights emerged stronger after World War II. Governments then committed themselves to establishing the United Nations, with the primary goal of maintaining international peace and security. People wanted to ensure that never again would anyone be unjustly denied life, freedom, food, shelter, and nationality. Member states of the United Nations pledged to promote respect for the human rights of all. To advance this goal, the UN established a Commission on Human Rights and charged it with the task of drafting a document spelling out the meaning of the fundamental rights and freedoms proclaimed in the Charter. The Commission, guided by Eleanor Roosevelt’s forceful leadership, captured the world’s attention. On December 10, 1948, the Universal Declaration of Human Rights (UDHR) was adopted by the 56 members of the United Nations. With the goal of establishing mechanisms for enforcing the UDHR, the UN Commission on Human Rights proceeded to draft two treaties:
Principles of Environmental Law
 
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Subject : Law Paper: Environmental Law Content writer : Ms. Lovleen Bhullar
Views: 17688 Vidya-mitra
Rules of war (in a nutshell)
 
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Yes, even wars have laws. To find out more, visit http://therulesofwar.org ******** Rules of War in a Nutshell - script Since the beginning, humans have resorted to violence as a way to settle disagreements. Yet through the ages, people from around the world have tried to limit the brutality of war. It was this humanitarian spirit that led to the First Geneva Convention of 1864,and to the birth of modern International Humanitarian Law. Setting the basic limits on how wars can be fought, these universal laws of war protect those not fighting, as well as those no longer able to. To do this, a distinction must always be made between who or what may be attacked, and who or what must be spared and protected. - CIVILIANS - Most importantly, civilians can never be targeted. To do so is a war crime. “When they drove into our village, they shouted that they were going to kill everyone. I was so scared, I ran to hide in the bush. I heard my mother screaming. I thought I would never see her again.” Every possible care must be taken to avoid harming civilians or destroying things essential for their survival. They have a right to receive the help they need. - DETAINEES - “The conditions prisoners lived in never used to bother me. People like him were the reason my brother was dead. He was the enemy and was nothing to me. But then I realized that behind bars, he was out of action and no longer a threat to me or my family.” The laws of war prohibit torture and other ill-treatment of detainees, whatever their past. They must be given food and water and allowed to communicate with loved ones. This preserves their dignity and keeps them alive. - SICK & WOUNDED - Medical workers save lives, sometimes in the most dangerous conditions. “Several fighters from both sides had been critically wounded in a fierce battle and we were taking them to the closest hospital. At a checkpoint, a soldier threatened us, demanding that we only treat his men. Time was running out and I was afraid they were all going to die.” Medical workers must always be allowed to do their job and the Red Cross or Red Crescent must not be attacked. The sick or wounded have a right to be cared for, regardless of whose side they are on. - LIMITS TO WARFARE - Advances in weapons technology has meant that the rules of war have also had to adapt. Because some weapons and methods of warfare don't distinguish between fighters and civilians, limits on their use have been agreed. In the future, wars may be fought with fully autonomous robots. But will such robots ever have the ability to distinguish between a military target and someone who must never be attacked? No matter how sophisticated weapons become it is essential that they are in line with the rules of war. International Humanitarian Law is all about making choices that preserve a minimum of human dignity in times of war, and makes sure that living together again is possible once the last bullet has been shot.
Venezuela & other UN Member States on International Law - Media Stakeout
 
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Media Stakeout by H.E. Mr. Jorge Arreaza, Minister of the People’s Power for Foreign Affairs, Bolivarian Republic of Venezuela on the Situation in Venezuela. Venezuelan Foreign Minister Jorge Arreaza announced the formation of a new group at the United Nations to defend the “principles of international law” and the rights of peoples to “live in peace, without interference, without interventions, without the threat of the use of force.” Addressing reporters in New York today (14 Feb), Arreaza said the group would coordinate action to defend the UN Charter. This includes: respect for the principles of equal rights of peoples, respect for the sovereign equality of Member States, settling disputes through peaceful means as to never threaten international peace and security, refraining from the threat to use force against any state, respect for the territorial integrity and political independence of states, and non-intervention in the domestic affairs of states. SOUNDBITE (Spanish) Jorge Arreaza, Minister of Foreign Affairs, Venezuela: “We all have the right to live without the threat of use of force, and without the application of illegal coercive unilateral measures. In the next few days, we will begin a series of actions, as a group, to raise awareness around the dangers that our peoples currently face, particularly the people of the Bolivarian Republic of Venezuela. We call upon all the Member States of the United Nations to join us in defending international law as the only guarantor of humanity’s peaceful coexistence.” The Foreign Minister said the group was not only aimed at defending Venezuela. He said it would work in a collective manner in all UN bodies, including the Security Council and the General Assembly, to defend the rights of its peoples. Arreaza reiterated his call on the media “not to get involved with this show, this spectacle, that the US is organizing” on humanitarian aid to his country. He said the US has blocked the Venezuelan economy costing the country over 30 billion USD and now wants to provide 20 million in “so-called humanitarian aid.” He asked reporters, “So, what is this? I’m choking you. I’m killing you. And then I’m giving you a cookie?” The Venezuelan Foreign Minister said the US was looking for loyalty from the Venezuelan armed forces, but their loyalty “has already been [proven].” He added that the “momentum of the coup that the government of the United States was promoting is over” and the US now had to rethink its strategy. Asked about reported movements of US special forces in several Caribbean islands, Arreaza said these events were “dangerous” adding that the US was “playing a new game of psychological warfare, and also trying to besiege and corner” his country. He stressed that his government would “protect every millimetre of the Venezuelan territory” and would respond to “any situation in a proportional manner to any type of attack against” his country. In response to a question on the 23 February deadline for humanitarian aid to enter the country given by opposition leader Juan Guiadó, the Foreign Minister said there was only one government in Venezuela, and as such, “no one can give deadlines, especially this man who was self-proclaimed; or who self-proclaimed himself as president of Venezuela in the middle of a street in a demonstration without any constitutional framework to support it.” He said Guiadó “doesn’t have effective control of a police patrol in Venezuela; so, whatever he says is absolutely absurd.”
Views: 26155 United Nations
What are the universal human rights? - Benedetta Berti
 
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View full lesson: http://ed.ted.com/lessons/what-are-the-universal-human-rights-benedetta-berti The basic idea of human rights is that each one of us, no matter who we are or where we are born, is entitled to the same basic rights and freedoms. That may sound straightforward enough, but it gets incredibly complicated as soon as anyone tries to put the idea into practice. What exactly are the basic human rights? Who gets to pick them? Who enforces them—and how? Benedetta Berti explores the subtleties of human rights. Lesson by Benedetta Berti, animation by Sarah Saidan.
Views: 801886 TED-Ed
IHL and Humanitarian Principles
 
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IHL and Humanitarian principles The Advanced IHL Learning Series are addressed to lecturers and trainers who wish to update their knowledge of the latest developments and challenges in international humanitarian law (IHL) and other related areas. They enable lecturers to update and deepen their expertise in topical issues, have access to teaching resources and introduce the topics in their course or training. What are the respective aims of IHL and the humanitarian principles? What are their sources? Who are they addressed to? Does IHL refer to the principles? What is the normative framework governing relief operations? How can the principles help foster respect for IHL? This Advanced IHL Learning Series provides lecturers with a wide range of resources to understand and teach these issues. For more information please visit: https://www.icrc.org/en/ihl-and-humanitarian-principles
What is COMITY? What does COMITY mean? COMITY meaning, definition & explanation
 
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What is COMITY? What does COMITY mean? COMITY meaning - COMITY pronunciation - COMITY definition - COMITY explanation - How to pronounce COMITY? Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. SUBSCRIBE to our Google Earth flights channel - https://www.youtube.com/channel/UC6UuCPh7GrXznZi0Hz2YQnQ In law, comity is "a practice among different political entities (as countries, states, or courts of different jurisdictions)" involving the "mutual recognition of legislative, executive, and judicial acts." Comity derives from the Latin comitas, courtesy, from cemis, friendly, courteous. The doctrine of international comity has been described variously "as a choice-of-law principle, a synonym for private international law, a rule of public international law, a moral obligation, expediency, courtesy, reciprocity, utility, or diplomacy. Authorities disagree as to whether comity is a rule of natural law, custom, treaty, or domestic law. Indeed, there is not even agreement that comity is a rule of law at all." Because the doctrine touches on many different principles, it is regarded as "one of the more confusing doctrines evoked in cases touching upon the interests of foreign states." The doctrine of international comity was created by a group of Dutch jurists in the late seventeenth century, most prominently Ulrich Huber. Huber and others sought a way to handle conflicts of law in a way that would reinforce the idea of Westphalian sovereignty. Huber wrote that comitas gentium ("civility of nations") required the application of foreign law in certain cases because sovereigns "so act by way of comity that rights acquired within the limits of a government retain their force everywhere so far as they do not cause prejudice to the powers or rights of such government or of their subjects." Huber "believed that comity was a principle of international law" but also that "the decision to apply foreign law itself was left up to the state as an act of free will." The idea of comity was introduced into English law by Lord Mansfield, a Scottish barrister and jurist. Mansfield viewed the application of comity as discretionary, with courts applying foreign law "except to the extent that it conflicted with principles of natural justice or public policy." Mansfield held in Somerset v Stewart (King's Bench 1772), for example, that slavery was so morally odious that a British court would not recognize the property rights of an American slaveholder in his slave. In the United States, Louisiana attorney Samuel Livermore (who wrote the first American treatise of conflict of laws in 1828) expressly rejected the comity doctrine as formulated by Mansfield and earlier writers, instead arguing that "courts were bound by international law to apply the same law that a foreign court would apply." This idea was rejected by Justice Joseph Story of the Supreme Court, who agreed with Mansfield and Huber in his Commentaries on the Conflict of Laws. Story's view, which ultimately prevailed, was that the consensual or voluntary application of comity doctrine would foster trust among states, "localize the effect of slavery," and reduce the risk of civil war. The U.S. Supreme Court's holding in Hilton v. Guyot (1895) that the enforcement of a foreign judgment was a matter of comity is viewed as the "classic" statement of comity in international law. The Court held in that case: "Comity," in the legal sense, is neither a matter of absolute obligation, on the one hand, nor of mere courtesy and good will, upon the other. But it is the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens or of other persons who are under the protection of its laws. In the United States, certain foreign defamation judgments are not recognized under the SPEECH Act (a federal statute enacted in 2010), which supersedes the comity doctrine. The Act aims to stop "libel tourism."....
Views: 917 The Audiopedia
ICRC - Advanced IHL Learning Series 6 – The principle of distinction (2/5)
 
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Applying the principle of distinction in today’s armed conflicts (Excerpt from “Conduct of hostilities: challenges in today’s armed conflicts”). The principle of distinction entails that parties to a conflict must at all times distinguish between civilians and combatants and between civilian objects and military objectives. What does it mean in practice for today’s armed conflicts? Watch this video for more insights. This video was filmed during the 2017 edition of the Advanced Seminar in IHL for University Lecturers co-organized by the ICRC and the Geneva Academy. The opinions expressed by the lecturers in the series are theirs alone, and not necessarily shared by the ICRC.
Lavrov: Another Provocation! Ukraine Violated Key Principles of International Law in Narrow Strait
 
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Subscribe to Vesti News https://www.youtube.com/channel/UCa8MaD6gQscto_Nq1i49iew?sub_confirmation=1 Another opinion that Ukraine must respect Russia's sovereignty was expressed by Foreign Minister Sergey Lavrov. He called the situation in the Kerch Strait a definite provocation. He believes Kiev violated the key principles of international law. Previously, it was reported that the Acting Ambassador of Ukraine to Russia would be summoned to the Russian Foreign Ministry.
Views: 4104 Vesti News
United Nations and its Organs - Important International Organisations
 
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The United Nations is an intergovernmental organization tasked to promote international co-operation and to create and maintain international order. In this lesson we learn in details about the United Nations and its organs namely - Security Council, Economic Council and Social Council. Must watch for all. Watch to learn more. Important for UPSC aspirants. You can find the entire course here: https://goo.gl/PGLkFA Download the Unacademy Learning App from the Google Play Store here:- https://goo.gl/02OhYI Discuss the course with fellow aspirants here:- https://goo.gl/BXtjUQ
Views: 185162 Unacademy
Professor Gillian Triggs on international law and global legal practice
 
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Professor Gillian Triggs discusses the increasingly important role of international law in the practice of Australian domestic law, and the importance of studying international law for students and young lawyers. Gillian Triggs is the author of 'International Law: Contemporary Practice and Principles', which provides comprehensive coverage of contemporary cases in international law, including essential sources, treaties, jurisdiction, personality, territory, law of the sea, state responsibility and sovereign immunity, as well as coverage of specialised topics, such as international environmental law, human rights and the rules of the World Trade Organization. Professor Triggs is the Dean of the Faculty of Law at the University of Sydney, and holds the Challis Chair in International Law. For more information on this LexisNexis publication, please visit: http://bit.ly/qwacCr Stay in touch with the latest legal industry updates, whitepapers, research and special offers via our Twitter feed: http://twitter.com/LexisNexisAUS or visit our Facebook page http://www.facebook.com/lexisnexisaustralia
Views: 843 LexisNexisAustralia
What is NATIONAL TREATMENT? What does NATIONAL TREATMENT mean? NATIONAL TREATMENT meaning
 
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What is NATIONAL TREATMENT? What does NATIONAL TREATMENT mean? NATIONAL TREATMENT meaning - NATIONAL TREATMENT definition - NATIONAL TREATMENT explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. SUBSCRIBE to our Google Earth flights channel - https://www.youtube.com/channel/UC6UuCPh7GrXznZi0Hz2YQnQ National treatment is a principle in international law vital to many treaty regimes. It essentially means treating foreigners and locals equally. Under national treatment, if a state grants a particular right, benefit or privilege to its own citizens, it must also grant those advantages to the citizens of other states while they are in that country. In the context of international agreements, a state must provide equal treatment to those citizens of other states that are participating in the agreement. Imported and locally produced goods should be treated equally — at least after the foreign goods have entered the market. While this is generally viewed as a desirable principle, in custom it conversely means that a state can deprive foreigners of anything of which it deprives its own citizens. An opposing principle calls for an international minimum standard of justice (a sort of basic due process) that would provide a base floor for the protection of rights and of access to judicial process. The conflict between national treatment and minimum standards has mainly played out between industrialized and developing nations, in the context of expropriations. Many developing nations, having the power to take control over the property of their own citizens, wished to exercise it over the property of aliens as well. Though support for national treatment was expressed in several controversial (and legally non-binding) United Nations General Assembly resolutions, the issue of expropriations is almost universally handled through treaties with other states and contracts with private entities, rather than through reliance upon international custom. National treatment only applies once a product, service or item of intellectual property has entered the market. Therefore, charging customs duty on an import is not a violation of national treatment even if locally produced products are not charged an equivalent tax. National treatment is an integral part of many World Trade Organization agreements. Together with the Most-Favoured-Nation principle, national treatment is one of the cornerstones of WTO trade law. It is found in all 3 of the main WTO agreements (GATT, GATS and TRIPS). National treatment is a basic principle of GATT/WTO that prohibits discrimination between imported and domestically produced goods with respect to internal taxation or other government regulation. The principle of national treatment is formulated in Article 3 of the GATT 1947 (and incorporated by reference in GATT 1994); Article 17 of the General Agreement on Trade in Services (GATS); and in Article 3 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The aim of this trade rule is to prevent internal taxes or other regulations from being used as a substitute for tariff protection. A good summary is found in Japan-Alcohol which states; " national treatment obligation is a general prohibition on the use of internal taxes and other internal regulatory measures so as to afford protection to domestic production".
Views: 821 The Audiopedia
Said Mahmoudi on how international law regulates war
 
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Professor of International Law at Stockholm University, Said Mahmoudi, explores issues of the relationship of international laws to common values and principles such as peace, sustainable development and human rights and particularly child rights to global resources like oceans, climate and biological diversity. His current research is about the relation between Islam and international law. http://www.jurfak.su.se/english/ “International law regulates the means of war, the methods or war, and how to protect the victims of war. “ Recorded 2014
Islamic State: Islam and International Law
 
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The National Security Law Society presents a conversation about the Islamic State. Jack Jenkins, Senior Religion Reporter for ThinkProgress, discusses the appropriateness of referring to IS as "Islamic." Duke Law Professor Laurence Helfer addresses the international law justifications proffered by the United States to justify use of force against IS in Syria.
What Is The Meaning Of Pacta Sunt Servanda
 
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The meaning and the range of norm pacta sunt servanda jstor. Pacta sunt servanda oxford reference. General principles of international law are states really bound to fulfill the commitments they undertake pursuant a bilateral or rule pacta sunt servanda is part substantive public policy but it violated principle in restrictive meaning given by art das partes ou da fora obrigatria dos contratos do latim o que define esse princpio, isto, contrato faz lei entre as partes, sendo findlaw legal dictionary. Without such a legal definition of pacta sunt servanda agreements must be kept the is latin phrase meaning (or promises). Pacta sunt servanda dictionary definition of pacta international judicial monitor general principles law. Pacta sunt servanda law and legal definition pacta is a latin term which means agreements must be kept. Uslegal, inc pacta sunt servanda wikipdia, a enciclopdia livrepacta. From classical latin pacta, plural of pactum sunt servanda '(they) must be kept', after pacta et promissa semperne sint whether. Pacta sunt servanda legal english dictionary translegal. Terms and conditions checkbox when proposing a new dictionary term or pacta sunt servanda. Latin, promises must be kept. The findlaw legal dictionary free access to over 8260 definitions of terms. 2004); Jump up mid 19th century. Search for a definition or browse our legal civilians justify their system by reference to the maxim pacta sunt servanda. Pacta sunt servanda law and legal definition. Swiss exceo, pacta sunt servanda findlaw legal dictionary. The principle of pacta sunt servanda, which means that contracts servanda legal definition. It is the principle in international law which says that treaties should be pacta sunt servanda (do latim 'acordos devem ser mantidos') um brocardo latino que significa 'os pactos assumidos respeitados' ou mesmo a brocard, basic of civil law, canon and jump up ^ black's dictionary (8th ed. Treaty benefits will have to be granted under the principle of pacta sunt servanda even if is bedrock customary international law treaties and, from in a dictionary enforcement norm ' servanda,2 which has constituted 'since times im but meaning that only valid are binding then, we told, definition our online information west's encyclopedia american by clicking on i read and understood c. Definition of pacta sunt servanda in english by legal dictionary the free. This 'basic and it seems universally accepted principle of contract law' means, in the latin plural pactum ( pact ) sunt servanda must be kept ), after pacta et promissa semperne sint whether agreements promises should. An expression signifying that the agreements and stipulations of parties to a contract must be observed principle pacta sunt servanda, which means contracts clauses are laws with binding force between parties, requires every contracting party concept known by latin formula servanda ( kept ) is arguably oldest international law. Hyland, richard, pacta sunt servanda a meditation, 34 vjil 1994 wiktionary. Merriam webster law pacta sunt servanda definition duhaime. Narrow interpretation of the rule pacta sunt servanda.
Views: 1355 Your Question I
What is DIPLOMATIC IMMUNITY? What does DIPLOMATIC IMMUNITY mean? DIPLOMATIC IMMUNITY meaning
 
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What is DIPLOMATIC IMMUNITY? What does DIPLOMATIC IMMUNITY mean? DIPLOMATIC IMMUNITY meaning - DIPLOMATIC IMMUNITY definition - DIPLOMATIC IMMUNITY explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. SUBSCRIBE to our Google Earth flights channel - https://www.youtube.com/channel/UC6UuCPh7GrXznZi0Hz2YQnQ Diplomatic immunity is a form of legal immunity that ensures diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws, although they can still be expelled. Modern diplomatic immunity was codified as international law in the Vienna Convention on Diplomatic Relations (1961) which has been ratified by all but a handful of nations, though the concept and custom of such immunity have a much longer history dating back thousands of years. Many principles of diplomatic immunity are now considered to be customary law. Diplomatic immunity as an institution developed to allow for the maintenance of government relations, including during periods of difficulties and armed conflict. When receiving diplomats, who formally represent the sovereign, the receiving head of state grants certain privileges and immunities to ensure they may effectively carry out their duties, on the understanding that these are provided on a reciprocal basis. Originally, these privileges and immunities were granted on a bilateral, ad hoc basis, which led to misunderstandings and conflict, pressure on weaker states, and an inability for other states to judge which party was at fault. An international agreement known as the Vienna Conventions codified the rules and agreements, providing standards and privileges to all states. It is possible for the official's home country to waive immunity; this tends to happen only when the individual has committed a serious crime, unconnected with their diplomatic role (as opposed to, say, allegations of spying), or has witnessed such a crime. However, many countries refuse to waive immunity as a matter of course; individuals have no authority to waive their own immunity (except perhaps in cases of defection). Alternatively, the home country may prosecute the individual. If immunity is waived by a government so that a diplomat (or their family members) can be prosecuted, it must be because there is a case to answer and it is in the public interest to prosecute them. For instance, in 2002, a Colombian diplomat in London was prosecuted for manslaughter, once diplomatic immunity was waived by the Colombian government.
Views: 6955 The Audiopedia
International Law Counter-Terrorism and the Concept of Prevention
 
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Contemporary efforts to respond to the threat of terrorism raise difficult questions about the meaning and scope of "prevention" and "preventive" responses permissible under international law. What does the international rule of law framework (the UN Charter, international human rights, humanitarian, refugee, and criminal law) say about preventive strategies such as the use of lethal force against groups and individuals, preventative or administrative detention, preventive intelligence and law enforcement techniques, and increased reliance upon diplomatic assurances? How do the applicable legal principles relate and intersect and with what implications for state practices and policies and the rule of law? Please join ASIL in co-sponsorship with Oxford University Press, the World Justice Project, Nottingham University, and Málaga University in welcoming this distinguished panel in a discussion of these questions
Views: 1322 asil1906
ICRC - Advanced IHL Learning Series 1 – IHL and humanitarian principles (2/8)
 
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Chapter 2 - Humanitarian principles: Origins and definition The Advanced IHL Learning Series are addressed to lecturers and trainers who wish to update their knowledge of the latest developments and challenges in international humanitarian law (IHL) and other related areas. They enable lecturers to update and deepen their expertise in topical issues, have access to teaching resources and introduce the topics in their course or training. What are the respective aims of IHL and the humanitarian principles? What are their sources? Who are they addressed to? Does IHL refer to the principles? What is the normative framework governing relief operations? How can the principles help foster respect for IHL? This Advanced IHL Learning Series provides lecturers with a wide range of resources to understand and teach these issues. For more information please visit: https://www.icrc.org/en/ihl-and-humanitarian-principles
Kineticvideo.com - INTERNATIONAL-LAW-AND-GLOBAL-GOVERNANCE-15243
 
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International law is described as the general principles of law as recognized by civilized nations. This informative program adds much needed depth to this broad definition by explaining: state sovereignty, domestic law and international law; the importance of the United Nations and international courts and tribunes; the role of organizations such as NATO, IMF and Red Cross; and the future of international law
Views: 385 Kineticstreaming