Search results for "International law"

International consequences of the activation of Title III of the Helms Burton Act

2020

In May 2019 the U.S. government activated the Title III of the Helms Burton Act. Title III grants U.S. nationals whose property was expropriated in Cuba after the 1959 revolution a private right of action against those who traffic in their property. The purpose of the thesis is to analyze the legal, political, economic and social consequences of the activation and its incompatibility with international law. The study therefore examines expropriation rights, state immunity from jurisdiction and the extraterritorial application of U.S. laws. Analytical and applied legal research has been conducted by evaluating primary and secondary sources of law such as national legislation, treaties, inter…

Satversmē nostiprināto vērtību aizsardzība: dažādu tiesību nozaru perspektīva : Latvijas Universitātes 77. starptautiskās zinātniskās konferences rak…

2019

Protection of the right to freedom of assembly and association under ECHR: compliance difficulties in Azerbaijan

2018

The protection of the right to freedom of peaceful assembly and association under the ECHR and compliance difficulties in Azerbaijan, regarding these rights are discussed in this master thesis. The protection of the right to freedom of peaceful assembly and association is one of the critical elements for the development of democracy, and these rights are protected by international documents such as the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred as the European Convention on Human Rights or the ECHR). Furthermore, the protection of these rights at national level must be compatible with the standards of the Council of Europe. The impo…

Corruption in international business: A review and research agenda

2020

Abstract We systematically reviewed the literature on corruption in international business (137 articles) for the last 17 years between 1992 and 2019. Additionally, we identified seven research streams in this growing literature: (1) the legislation against corruption, (2) the determinants of corruption, (3) combating corruption, 4) the effect of corruption on firms, (5) the political environment and corruption, (6) corruption as a challenge to existing theories of management, and (7) the effect of corruption on foreign direct investment and trade. Based on this review, we recommend that strong international laws are needed to minimize the negative impact of corruption on international busi…

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

2023

This document has been included as a part of the teaching materials funded by the UNESCO Chair of the University of Valencia, 2023. This paper dicusses about the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Biopiracy and the right to self-determination of indigenous peoples.

2018

Abstract Background: Since over thirty years, I work on the unclear legal situation of in which indigenous peoples find themselves today in the beginning mainly in the USA and later also in Canada, Australia and New Zealand. The status of indigenous people and native nations is characterized as a mixture of national and international law. Hypothesis/Purpose: To clarify the status of indigenous people it is necessary to analyze and interpret carefully hundreds of old treaties, international declarations and covenants, national statutes and jurisprudence, especially the old leading decisions of the US-Supreme Court. Such an analysis and interpretation should prove that indigenous people have …

Challenging the Rule of Political Liberalism

2020

Abstract The origin of the ongoing conflict between the EU and Poland may, according to the author, partly be subscribed to the EU-institutions conceptualization of the rule of law. This conceptualization, which in the article is referred to as “the rule of political liberalism”, establishes a particular set of legal institutional and substantial frames and limits for national democratic politics. Granted that the rule of law is an inherently contested concept, the author deconstructs the rule of political liberalism, reveals its weaknesses and ideological bias and proposes an alternative understanding of the rule of law. “The rule of pragmatism” is based on a pragmatic conceptualization of…

One Belt One Road: Understanding China’s activism in contemporary world. Does the flap of a butterfly’s wings in China set off a tornado in Europe (U…

2018

The project of economic integration of the Countries of Eurasia, so called One Belt One Road (OBOR) or “the new silk belt road” initiative, on which President Xi Jinping is focusing to realize the great "Chinese Dream" of a strong and prosperous China, until now and notwithstanding a strong and widespread mediatic impact, is no more than a declared foreign policy strategy pursued by the Chinese Government to achieve two different sets of results. The first, and most important (as well as undervalued) is to close China’s internal development gap between coastal and inland regions, through the creation of a widely interconnected national logistic and industrial infrastructure which will serve…

A legal and economic analysis of the concept of anticipatory breach under the CISG

2021

Contractual remedies are traditionally available after the breach of a contract, but can a party suspecting non-performance prior to the date of performance entitled to seek for remedies? The United Nations Convention on the International Sale of Goods (CISG), regulates the doctrine of anticipatory breach in Articles 71-73, outlining the circumstances in which an anticipatory breach is deemed to occur and the remedies available to the aggrieved party. The Convention entitles the innocent party to the right to suspend or avoid but it contains unambiguous terms in need for interpretation. Additionally, the doctrine of anticipatory breach begs the questions of economic efficiency, a fundamenta…

La Carta sociale europea come parametro interposto nella recente giurisprudenza costituzionale: novità e questioni aperte

2019

In two judgments delivered in 2018 (No. 120 and No. 194), the Constitutional Court for the first time referred to provisions of the European Social Charter as an interposed norm in the constitutional review of primary laws. The two judgments, however, leave two questions open. First, in judgment No. 120, the Court recognizes taht the European Social Charter may complement Article 117, paragraph 1, of the Constitution, as it constitutes a natural integration of the European Conventionof Human Rights on the social level, which in fact distinguishes it from "ordinary" international agreements. In its subsequent judgment No. 194, on the other hand, the Court speaks of treaties with constitution…