Search results for "National Law"
showing 10 items of 223 documents
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 …
From ‘polluter pays’ to ‘polluter does not pollute’
2016
Abstract Non-binding agreements, minor sanctions in the form of payment obligations and shaming have been the usual policy responses against environmental harms. In addition to this, many existing pieces of legislation on international environmental law and governance are based on good intent and voluntary agreement and they have proven to be limited or ineffective. This article argues that, at the current state of the climate crisis, there is no more room for negotiations and proposals which lead to false solutions. Acknowledging that, legal solutions to environmental problems require new formulations which incorporate a different understanding of nature and its non-human inhabitants; this…
El fomento de la mediación y de otros medios alternativos de justicia (también) en relación con la sustracción internacional de menores en Europa
2021
El decidido fomento de la mediación y de otros instrumentos MASC en el ámbito del Derecho de familia internacional constituye una constante, en los últimos tiempos, en el panorama comparado internacional. También en relación con aquellas disputas que involucran a menores. La UE no es ajena a este proceso y contribuye decididamente a éste. Aunque persisten dudas sobre la virtualidad real de estos mecanismos en la práctica diaria internacional.
Law and morals in the application of the public policy exception under the twin regulations 1103 and 1104 of 2016
2021
This paper discusses the interactions between fundamental principles of domestic legal systems and non-legal standards in the application of the public policy Generalklausel within the context of the twin Regulations 1103 and 1104 of 2016. In particular, this paper argues that public policy is composed of legal principles only and that there is no space for extra legal standards when the circulation of foreign deeds, decisions and laws is in discussion. This consideration has two consequences. Firstly, the role of good morals within contemporary private international law is extremely reduc
El establecimiento permanente en la imposición societaria desde el punto de vista tributario internacional el ordenamiento español como modelo
1994
Los métodos de verificación en el derecho internacional del desarme
1993
The Etheral plane of EU decision-making: the relationship between the European Council and the rule of law during the Eurozone and refugee crises
2018
This paper aims to identify whether the European Council has respected the general principle of the rule of law during the actions taken during the Eurozone and refugee crises. The research is structured in three parts: first, a detailed overview of the intuitional formation of the European Council since its origins to the present day, with a closer look at the competences provided for by the Lisbon Treaty. Second, an analysis of the decision-making process of the European Council through the Eurozone and the refugee-management crisis, with more emphasis and detail dedicated to the second one, being far less researched that the first one.
Uncertainty under Norway’s claimed exclusive rights over the Snow crabs in the Archipelago of Svalbard
2019
This thesis explains the legal framework in the Archipelago of Svalbard with an emphasis on the Loophole area. The author will answer the question on what is regulating the Svalbard archipelago and can Norway claim exclusive rights over snow crab. Snow Crab as a resource residing also in the Loophole area has already attracted attention and brought two fishing ships before the Supreme Court of Norway. This thesis explains how the situation has evolved by giving the historical background of the area of Svalbard, provide an overview of the current legal framework, lastly, a case law analyses.
Separate and dissenting opinions: their role in the practice of the ICJ
2019
The purpose of the thesis is to draw attention to the significance of the individual opinions in the practice of the International Court of Justice. The author aims to define the actual role of individual opinions in the system of work of the International Court of Justice by means of analyses of individual opinions appended to the Court’s judgements, rendered under contentious and advisory jurisdiction of the Court. In this thesis possible solutions proposed of how the existence of individual opinions should be regulated in the basic documents of the International Court of Justice.
The status of the right to secession in international law within the context of the conflict between the principles of self-determination and territo…
2020
The principles of self-determination and territorial integrity are some of the most important norms in modern international law, enshrined in the UN Charter and numerous subsequent sources of law. However, in practice, the two come in conflict when a minority group’s desire for complete self-determination in the form of secession confronts the territorial inviolability of the state within which that group resides. This paper seeks to answer how such a situation is managed by the international community through examining the status of a right to secession in international law. It is a concept surrounded by much controversy, however, in the contemporary international arena, where secessionist…