815 resultados para War (International law).
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No abstract.
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This paper offers a picture of the obligations existing under international and European law in respect of the loss of nationality. It describes international instruments including obligations in this field with direct relevancy for the loss of nationality of Member States of the European Union, but also obligations regarding loss of nationality in regional non-European treaties. Attention is given to two important judicial decisions of the European Court of Justice (Janko Rottmann) and the European Court of Human Rights (Genovese v Malta) regarding nationality. Special attention is devoted to Article 15 of the Universal Declaration of Human Rights, which forbids the arbitrary deprivation of nationality. A survey is provided of possible sub-principles that can be derived from this rule. Finally, some observations are made on the burden of proof in cases of loss of nationality.
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From the Introduction. In the USA, the debate is still ongoing as to whether and to what extent the Supreme Court could or should refer to foreign precedent, in particular in relation to constitutional matters such as the death penalty.1 In the EU, in particular the recent Kadi case of 20082 has triggered much controversy,3 thereby highlighting the opposite angle to a similar discussion. The focus of attention in Europe is namely to what extent the European Court of Justice (hereafter “ECJ”) could lawfully and rightfully refuse to plainly ‘surrender’ or to subordinate the EC legal system to UN law and obligations when dealing with human rights issues. This question becomes all the more pertinent in view of the fact that in the past the ECJ has been rather receptive and constructive in forging interconnectivity between the EC legal order and international law developments. A bench mark in that respect was undoubtedly the Racke case of 1998,4 where the ECJ spelled out the necessity for the EC to respect international law with direct reference to a ruling of the International Court of Justice. This judgment which was rendered 10 years earlier than Kadi equally concerned EC/EU economic sanctions taken in implementation of UN Security Council Resolutions. A major question is therefore whether it is at all possible, and if so to determine how, to reconcile those apparently conflicting judgments.
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Mémoire récipiendaire de la mention "Excellent", avec les félicitations du jury.
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Introduction. The European Union’s external action is not only defined by its influence on international developments, but also by its ability and the need to respond to those developments. While traditionally many have stressed the EU’s ‘autonomy’, over the years its ‘dependence’ on global developments has become more clear.2 International law has continued to play a key role in, not only in the EU’s external relations, but also in the Union’s own legal order.3 The purpose of this paper is not to assess the role or performance of the EU in international institutions.4 Rather it purports to reverse the picture and focus on a somewhat under-researched topic: the legal status of decisions of international organizations in the EU’s legal order.5 While parts of the status of these decisions relate to the status of international agreements and international customary law, it can be argued that decisions of international organizations and other international bodies form a distinct category. In fact, it has been observed that “this phenomenon has added a new layer of complexity to the already complex law of external relations of the European Union”.6 Emerging questions relate to the possible difference between decisions of international organizations of which the EU is a member (such as the FAO) and decisions of organizations where it is not (irrespective of existing competences in that area – such as in the ILO). Questions also relate to the hierarchical status of these decisions in the EU’s legal order and to the possibility of them being invoked in direct or indirect actions before the Court of Justice. This contribution takes a broad perspective on decisions of international organizations by including decisions taken in other international institutions which do not necessarily comply with the standard definition of international organizations,7 be it bodies set-up by multilateral conventions or informal (transnational / regulatory) bodies. Some of these bodies are relatively close to the EU (such as the Councils established by Association Agreements – see further Section 5 below); others operate at a certain distance. Limiting the analysis to formal international organizations will not do justice to the manifold relationships between the European Union and various international bodies and to the effects of the norms produced by these bodies. The term ‘international decisions’ is therefore used to refer to any normative output of international institutional arrangements.
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Mémoire récipiendaire de la mention "Excellent", avec les félicitations du jury.
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"Important books on international relations": p. 400-408; other bibliographies interspersed.
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Vols. for 1916-1917 include the reports of the 1st-2nd annual general meeting of the society.
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--The name of God and the war.--The war and America.--The "scrap of paper."--International brigandage.--Sowing thistles and gathering thorns.--The laws of war.--The law of necessity.--Visions of hatred.--Lying lips and murderous hands.--Molten lead.--Vergebliches ständchen.--The responsibility for the war.--The invasion of Canada.--Songs of war.--Why a Spanish-American should not be pro-German.--The "place in the sun."--Germanism in America.--The settlement of peace.--How to enforce the laws of war.
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The laws of all countries have been analyzed and arranged under a series of headings; full texts of the various international conventions on the subject of trade-marks and a complete collection of the trade-mark classifications in force in the various countries are also included. cf. Pref.
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At head of title: Carnegie endowment for international peace. Divison of international law.
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"Décrets et résolutions de lka RSFSR depuis 1917" (continued through 1922) in v. 8-11, 1923-24.
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This dissertation examined how United States illicit drug control policy, often commonly referred to as the "war on drugs," contributes to the reproduction of gendered and racialized social relations. Specifically, it analyzed the identity producing practices of United States illicit drug control policy as it relates to the construction of U.S. identities. ^ Drawing on the theoretical contributions of feminist postpositivists, three cases of illicit drug policy practice were discussed. In the first case, discourse analysis was employed to examine recent debates (1986-2005) in U.S. Congressional Hearings about the proper understanding of the illicit drug "threat." The analysis showed how competing policy positions are tied to differing understandings of proper masculinity and the role of policymakers as protectors of the national interest. Utilizing critical visual methodologies, the second case examined a public service media campaign circulated by the Office of National Drug Control Policy that tied the "war on drugs" with another security concern in the U.S., the "war on terror." This case demonstrated how the media campaign uses messages about race, masculinity, and femininity to produce privileged notions of state identity and proper citizenship. The third case examined the gendered politics of drug interdiction at the U.S. border. Using qualitative research methodologies including semi-structured interviews and participant observation, it examined how gender is produced through drug interdiction at border sites like Miami International Airport. By paying attention to the discourse that circulates about women drug couriers, it showed how gender is normalized in a national security setting. ^ What this dissertation found is that illicit drug control policy takes the form it does because of the politics of gender and racial identity and that, as a result, illicit drug policy is implicated in the reproduction of gender and racial inequities. It concluded that a more socially conscious and successful illicit drug policy requires an awareness of the gendered and racialized assumptions that inform and shape policy practices.^
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This study examines the contours of Turkish-American foreign relations in the post-Cold War era from 1990 to 2005. While providing an interpretive analysis, the study highlights elements of continuity and change and of convergence and divergence in the relationship between Ankara and Washington. Turkey’s encounter with its Kurdish problem at home intertwined with the emergence of an autonomous Kurdish authority in northern Iraq after the Gulf War that left a political vacuum in the region. The main argument of this dissertation is that the Kurdish question has been the central element in shaping and redefining the nature and scope of Turkish-American relations since 1991. This study finds that systemic factors primarily prevail in the early years of the post-Cold War Turkish-American relations, as had been the case during the Cold War era. However, the Turkish parliament’s rejection of the deployment of the U.S. troops in Turkey for the invasion of Iraq in 2003 could not be explained by the primacy of distribution of capabilities in the system. Instead, the role of identity, ideology, norms, and the socialization of agency through interaction and language must be considered. The Justice and Development Party’s ascension to power in 2002 magnified a wider transformation in domestic and foreign politics and reflected changes in Turkey’s own self-perception and the definition of its core interests towards the United States.