Search results for "public international law"

Human Rights and Changes to the International Legal System. Philosophical Reflections on the (Difficult) Coexistence of International Humanitarian La…

2012

Chapter 6 analyses the relationship between International human rights law (IHRL) and international humanitarian law (IHL). IHL represents the new version of a part of the old ius gentium, in particular its ius in bello. Nonetheless, IHL excludes ius ad bellum, formerly linked to ius in bello in ius gentium, in continuity with the Just War Theory. The current IHL is characterized by neutrality, impartiality, and humanity in protecting victims. The practice of IHRL – not the abstract doctrine of natural rights – aims to protect human beings in different contexts and against different forms of vulnerability. In this last sense, IHL could be seen as a part of the former in the case of vulnerab…

New Legal Reality: Challenges and Perspectives, II : Collection of research papers in conjunction with the 8th International Scientific Conference of…

2022

Brevetabilité du vivant, commerce de la biodiversité et protection des savoirs traditionnels : les pays africains et le réexamen de l'article 27:3b) …

2004

Droit international public et action humanitaire : deux "acteurs" de la protection des droits de l'enfant

2014

By making a survey of the several rules of current public international law, this dissertation will try to make the reader undestand the importance of the protection of children's rights all over the world. Nowadays, children die every minute because of conflicts, diseases, malnutrition..., a lot of them are exploited and have no possibilities of going to school, seeing their future escaping them every day a little more. It is against all these too recurring problems that States have to intervene by exercising their legislator's role, both on the international level and on the national level. But they also have to take their role of subject of law by respecting the international conventions…

Extraterritorial Jurisdiction in International Law

2015

Application of internal law by a state beyond its own territory is an extraordinary action in international law. It requires not only a solid justification but is also subject to many restrictions. It often comes to conflicts against this background that is why extraterritorial jurisdiction is considered as a dangerous but yet an effective instrument of foreign politics. The article not only provides a concise definitions of extraterritoriality but also points to its acceptable bases (liaisons) and restrictions. Moreover, a review of interesting, representative doctrine stances has been done. Controversies and dangers related to the discussed institution are explicitly emphasized. In contra…

Legal Status of Sunken Warships "Revisited"

2003

Investment Arbitration and the Controverted Right of the Arbitrator to Issue a Separate or Dissenting Opinion

2018

Abstract Although dissents are not generally encouraged in international arbitration, they are a reality of investment treaty disputes. About one in five cases includes at least one separate or dissenting opinion. The ICSID Convention is rare among investment arbitration rules to expressly recognise the right of the arbitrator to attach his or her personal opinion to the award. Other investment arbitration rules are silent on the topic. And yet dissenting opinions are an established feature of several international courts and tribunals and their role is often viewed more benevolently than in investment arbitration. The article explores the perceived advantages and disadvantages of dissents …

Investment Treaty Arbitration as Public International Law , written by Eric De Brabandere

2016

Some Private International Law Issues

2014

The Draft CESL is not only intended to cover intra-European transactions, but will also be applicable to contracts linked to third countries. This twofold effect raises interesting legal questions that are going to be analysed in this chapter from the perspective of Private International Law.

Custody and Care of Children in Spain: can the Two Rights be Reconciled?

2021

AbstractThis study aims to analyse the legal decision-making process in the Community of Valencia (Spain) regarding contentious divorces particularly with respect to parental authority (patria potestas), custody and visiting arrangements for children, and the opinions of mothers and fathers on the impact these judicial measures have had on their lives. It also considers the biases in these decisions produced by privileging the rights of the adults over those of the children. Three particular moments are studied: (1) the situation before the break-up, focusing on the invisible gender gap in care; (2) the judicial process, where we observe the impact of hidden gender-based violence and gender…