Search results for "Customary international law"
showing 3 items of 3 documents
Occupazione militare e tutela della proprietŕ privata
2012
Moving from the complementary relationship between International Humanitarian Law and International Human Rights Law, this article analyses the issue of private property in occupied territory from the civilians perspective. In the attempt to verify if contemporaneous practice has modified customary international law obligations of Occupying Powers, the Author highlights the complex and heterogeneous evolution of the protection of the right to private property. On the one hand, practice confirms the strengthening of its safeguard by the extensive interpretation of the absolute prohibition on confiscation, forbidding an occupying power to take "permanent" measures of dispossession and de fact…
The use of armed drones for counter-terrorism purposes: whether customary international law?
2019
The vast and rapid development of technologies constantly creates gaps in the law within both the international and national law systems. One of such technologies the increased usage of which for military purposes has instituted a debate on the applicable law for its use under the existing legal frameworks is the technology of armed drones, also known as armed unmanned aerial vehicles (AUAVs). The source of the debate is the presumption that armed drones are almost exclusively used for counter-terrorism purposes, thus involving their use against non-state actors operating in a country that a state is not in war with. The author of this thesis will, first of all, identify the established leg…
Screening of Foreign Direct Investment and the States’ Security Interests in Light of the OECD, UNCTAD and Other International Guidelines
2021
AbstractThis chapter analyses the concept of the “national security interest”, which is widely recognised as allowing a state to determine which areas of its economy are restricted or prohibited to foreign investors. This chapter seeks to identify what constitutes a threat for a state and how that threat is managed both domestically and internationally. Despite the recognition of a state’s right to take measures it considers essential to its security, there are limits. The rules established by the Organisation for Economic Co-operation and Development (OECD) and the United Nations Conference on Trade and Development (UNCTAD) and other international instruments are non-binding but can serve …