Search results for "international law"
showing 10 items of 212 documents
Jurisdiction in cases of divorce, legal separation or marriage annulment
2021
The subject of coordination is fundamental for the functioning of jurisdictional rules of the Regulation n.2016/1103 on matrimonial property regimes and Regulation n.2016/1104 on the property consequences of registered partnerships. Both Property Regimes Regulations have the purpose of gathering litigation before the courts of one Member State and have the related procedures managed by the courts of the same Member State. Recital 34 of Regulation No. 2016/1103 specifies that matters of matrimonial property regime related to proceedings pending before the court of a member state hearing an application for divorce, legal separation or marriage annulment should be dealt with by the courts of t…
Family reunification: the case of the Muslim migrant children in Europe
2014
Adopting a child is not a legal concept recognized in Islamic law, which, while giving great importance to orphans and children’s rights, has introduced the legal institution of the Kafala. This institution can be defined as a commitment by the kafil to ensure maintenance, education and protection of a minor makfoul until his legal majority, in the same way as would a father to his son, but without creating any family relationship. For these reasons the Kafala cannot be compared to an international adoption, which, contrariwise, entails the creation of a parent-child relationship. On one side the Kafala is a legal concept recognized by International Law, in particular by the United Nations …
State Sovereignty: Balancing Effectiveness and Legality/Legitimacy
2018
This chapter aims to examine one of the most interesting topics in the contemporary internationalist debate, namely the crisis of effectiveness as the ultimate or sufficient criterion for achieving statehood and territorial sovereignty. Since the 1970s the perception that international law can no longer accept social reality as it is but promotes and imposes standards of justice and common values has become increasingly widespread. More recently, the ensuing discussion between realists and legalists emerged as one of the central topics addressed within the framework of the advisory procedure concerning Kosovo’s declaration of independence. By discussing and critically appraising the normati…
The Preservation of Art and Culture in Times of War
2022
Conflict over cultural heritage has increasingly become a standard part of war. Today, systematic exploitation, manipulation, attacks, and destruction of cultural heritage by state and non-state actors form part of most violent conflicts across the world. Such acts are often intentional and based on well-planned strategies for inflicting harm on groups of people and communities. With this increasing awareness of the role cultural heritage plays in war, scholars and practitioners have progressed from seeing conflict-related destruction of cultural heritage as a cultural tragedy to understanding it as a vital national security issue. There is also a shift from the desire to protect cultural p…
PIL.21-22-Unit 10. State competences over other areas of international interest
2022
Public International Law. Unit 10. State competences over other areas of international interest. Powerpoint of the Academic course 2021-2022. 1. International waterways. 2. The polar spaces. (a) The Arctic region. (b) The Antarctic Region. i. General ideas. ii. Legal regime. iii. Applicable principles. 3. Outer space. (a) General ideas. (b) Legal regime. i. Legal status of outer space. ii. Legal regime for the exploration and use of outer space. iii. Legal regime for space objects. iv. Legal status of astronauts.
DIP DECO 22-23 Unit 15 Peaceful settlement of international disputes
2022
Powerpoint del tema 15 de la asignatura Public International Law, curso académico 22-23 1. International disputes and their settlement by peaceful means.(a) The notion of dispute. (b) The obligation of peaceful settlement.(c) The freedom to choose the means of settlement (d) The types of means of settlement.2. The means of political settlement.(a) Diplomatic negotiations.(b) Good offices.(c) Mediation.(c) Investigation.(d) Conciliation e) Recourse to regional bodies or agreements3. Peaceful settlement of disputes by the United Nations (a) The role of the Security Council. (b) The role of the General Assembly. (c) The Role of the Secretary General 4. The jurisdictional settlement of internat…
DIP DECO 22-23 Unit 9. States' powers over people
2022
Powerpoint del tema 9 de la asignatura Public International Law, curso académico 22-23 1. General aspects: the powers of the State over its nationals 2. Diplomatic protection. (a) Concept and characteristics. b) Conditions for its exercise. (c) Distinction of related figures. (d) Diplomatic protection in Spanish law. 3. State jurisdiction over foreigners. 4. Special regimes: asylum and refugee law
DIP DECO 22-23 Unit 14. The implementation of International law in domestic law
2022
Powerpoint del tema 14 de la asignatura Public international law, curso académico 22-23 1. The relationship between international law and national law 2. The integration of international standards into national law: reference to the Spanish case. (a) Application of General International Law. (b) Application of Conventional International Law. (c) Resolutions of International Organizations. (d) Application of European Union law. 3. Conflicts between International Law and National Law. (a) The perspective of international law. (b) The domestic law perspective: comparative international law. (c) The Spanish Constitution of 1978. 1. The relationship between international law and national law 2. …
DIP DECO 22-23. Unit 10. The maintenance of international peace and security
2022
Powerpoint del tema 10 de la asignatura International Public Law, curso académico 22-23 1. The prohibition of the threat or use of force. (a) Recourse to the threat or use of force in classical international law (b) Recourse to the threat or use of force in Contemporary International Law. 2. Self-defence. 3. The system for the maintenance of international peace and security in the UN Charter (Chapter VII of the Charter). 4. Peacekeeping operations. 1. The prohibition of the threat or use of force. (a) Recourse to the threat or use of force in classical international law (b) Recourse to the threat or use of force in Contemporary International Law. 2. Self-defence. 3. The system for the maint…
DIP DECO 22-23 Unit 8. States' powers over marine spaces and airspace
2022
Powerpoint del tema 8 de la asignatura Public International Law, curso académico 22-23 1. Competence of States over marine areas. (a) The 1982 United Nations Convention on the Law of the Sea (UNCLOS). (b) Spaces under the jurisdiction of the coastal State i. Inland Waters. ii. The Territorial Sea. iii. The Contiguous Zone. iv. The Archipelagic Waters. v. The Exclusive Economic Zone. vi. The Continental Shelf. (c) Spaces located outside the limits of national jurisdiction. i. The High Seas. ii. The International Seabed and Ocean Floor Area. 2. Competence of States over airspace. (a) National airspace. (b) International airspace.