The UN Council for Namibia vs. Urenco, UCN and the state of the Netherlands

1988 ◽  
Vol 1 (1) ◽  
pp. 25-47 ◽  
Author(s):  
Nico J. Schruver
Keyword(s):  
The Netherlands ◽  
International Law ◽  
The State ◽  
The Status

Nico Schrijver discusses the claim by the UN Council for Namibia against Ultra Centrifuge Nederland, Urenco, and The Netherlands in the case concerning the alleged illegal processing ofNamibian uranium. He analyzes the evolution of international law with respect to Namibia, the status of the UN Council for Namibia, the juridical value of Decree No.I, the contents of the writ of summons as well as the counter-arguments by The Netherlands government.

International Law within the Israel Legal System

1990 ◽  
Vol 24 (3-4) ◽  
pp. 451-484 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
The State ◽  
Laws Of War ◽  
International Treaties ◽  
The Status ◽  
The Military ◽  
State Of Israel ◽  
High Seas

Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.

scholarly journals INTERNATIONAL LEGAL ORDER: ON THE ISSUE OF ITS PROPERTIES (THEORETICAL ASPECTS)

2016 ◽  
Vol 2 (127) ◽  
pp. 115-122
Author(s):  
I. Zabara
Keyword(s):  
International Law ◽  
The State ◽  
Legal Order ◽  
General Context ◽  
Theoretical Approaches ◽  
Ability To Act ◽  
The Status ◽  
International Legal Order ◽  
The Difference ◽  
Internal And External Factors

The article deals with one of the theoretical aspects of international legal order issues – the question of its properties. The author summarizes the doctrinal views of international law and regards the basic properties of the phenomenon of international legal order as its ability to act as system complexity, dynamism, orderliness, the reality and legitimacy of actions of subjects. The author notes that there is a common position in the doctrine, according to which the international legal order is a system. However, he notes that the difference in views on the international legal order as a system consists in the components the researchers include in its composition; the author examines two theoretical approaches. The complexity of the international legal order is determined from the standpoint of the number of its elements and components, as well as the number of their connections. This opinion highlights the fact that the predominant role is played by the quantity of links between elements and components, and indicates the international legal order capacity for permanent changes under the influence of the relevant internal and external factors. The dynamism of the international legal order is characterized from the point of capacity for the development and modification. It is stated that the state of the dynamics is effected by several circumstances. The author concludes that this international legal order’s property as a dynamism is one of the qualities that characterizes its condition as a system. The orderliness of the international legal order is considered from a consistency point, the interaction of parts of the whole, due to its structure. The author notes that the ordering of the international legal order displays its internal relationships and emphasizes its status as a system. The reality of the international legal order is characterized from the point of objectively existing phenomenon. The author concludes that the allocation of the international legal order of reality as one of its properties is intended to emphasize the status of one of its most important components - the state of international relations. Separately, the author considers the question of the legality of actions of subjects of international law, which are discussed in the doctrine from the standpoint of the conditions necessary for its maintenance. The author points out that in the general context of the properties that characterize the international legal order, it can be considered as an aspect wich together with other characterizes the state of the international legal order.

The Practice and Case Law of Israel in Matters Related to International Law

1998 ◽  
Vol 32 (3) ◽  
pp. 475-527 ◽  
Author(s):  
Rotem M. Giladi
Keyword(s):  
International Law ◽  
Case Law ◽  
International Agreements ◽  
The State ◽  
International Treaties ◽  
Depth Analysis ◽  
The Status ◽  
The Government ◽  
State Of Israel ◽  
Regular Practice

On February 24, 1998, the government submitted the International Treaties (Approval by the Knesset) Bill, 1998 to the Knesset. This governmental bill represents the culmination of fifty years of exchange between the Executive and the Legislature concerning the constitutional authority to conclude international agreements on behalf of the State of Israel.Normally, it would have been preferable to await the completion of the enactment process before commenting on the new legislative arrangements. Due to the constitutional importance of the Bill and the fact that it raises several important questions, the regular practice will be abandoned in this case.Despite the availability of an abundance of materials on the treatymaking practice of the State of Israel and the status of treaties under municipal Israeli law both in English and in Hebrew, an in-depth analysis of the Bill requires an extensive expositionde lex lataon both these questions. Only then will the provisions of the Bill be presented. This will take the form of an issue-by-issue analysis, with conclusions drawn in each segment. The review will conclude with several additional observationsde lege ferenda.

scholarly journals La regulación de los partidos políticos en Holanda = The Regulation of Political Parties in the Netherlands

2015 ◽  
pp. 577
Author(s):  
Huub Spoormans ◽  
Irene Broekhuijse
Keyword(s):  
Political Parties ◽  
The Netherlands ◽  
International Law ◽  
Legal Regulation ◽  
The State ◽  
The Political ◽  
Derechos Humanos ◽  
Political Scene

This article focuses on the relation between political parties and the state in the Netherlands; a polity where the main actors in the political scene are not even mentioned in the Constitution, and where there is not a specific party act. The authors describe the origins and development of political parties in the Netherlands, and the question of its regulation, together with a general and comparative glimpse to other European democracies. The thesis is that legal regulation took a different route via international law — the ECHR and the CEDAW —, applied by the national courts.Este artículo analiza la relación entre los partidos políticos y el Estado en Holanda; un país en el que los principales actores de la vida pública no están regulados por una ley específica, ni se mencionan en la Constitución. Los autores exponen los orígenes y el desarrollo de los partidos políticos en Holanda, y examinan el problema de su regulación, en el marco de una visión comparada con otros sistemas democráticos europeos. La tesis es que la regulación legal de los partidos siguió un camino distinto del recorrido en Europa, es decir, se realizó a través de la aplicación de normas internacionales, como el Convenio Europeo de Derechos Humanos y la Convención para la Eliminación de todas las Formas de Discriminación contra la Mujer, por los tribunales holandeses.

scholarly journals Demographic Changes in Kashmir: A Perspective of International Law

2019 ◽  
Vol IV (I) ◽  
pp. 7-16
Author(s):  
Muhammad Khan ◽  
Sidra Khan
Keyword(s):  
International Law ◽  
Geneva Convention ◽  
The State ◽  
Legal Basis ◽  
Jammu And Kashmir ◽  
Strong Basis ◽  
State Laws ◽  
International Dispute ◽  
The Status ◽  
Legal Position

International disputes are always dealt with under the provisions of international law. Kashmir is an international issue, which needs to be resolved under the ambit of international law. The Fourth Geneva Convention-1949 provides a strong basis for addressing the legal basis of the Jammu and Kashmir dispute. As an international dispute, Kashmiri warrants the application of international law for its logical resolution. Unfortunately, notwithstanding UNSC resolutions, India unilaterally and illegally changed the status of occupied Jammu and Kashmir from a state to the union territories through Jammu and Kashmir Reorganization Act-2019. Later through a number of amendments, Adaptation of State Laws in April 2020, India brought changes in dozens of local state laws, meant to bring changes in the existing demography of the state. This research focuses on the changes India has engineered in the new domicile laws of Indian Illegally Occupied Jammu and Kashmir (IIOJK) to change the demography of the state. The paper also focuses on the legal position of these changes in IIOJK from the perspective of International Law and the Fourth Geneva Convention.

The Democratizing Force of International Law

2018 ◽  
Author(s):  
Neha Jain
Keyword(s):  
Supreme Court ◽  
International Law ◽  
International Community ◽  
The State ◽  
Constitutional Rights ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Status ◽  
Indian Supreme Court

This chapter argues that international law has served as a useful tool for the Indian Supreme Court in fulfilling aims that have little to do with the court’s purported status as an organ of the international community. Rather, the Supreme Court has appropriated international legal norms to pursue primarily domestic goals. This chapter proceeds as follows. Section II gives an overview of the status of international law in the Indian constitutional scheme. Section III analyzes the creative uses of international law by the Indian Supreme Court to fill in and add to the content of constitutional rights and guarantees, enabling its encroachment into domains that are normally the prerogative of the legislature and the executive. Section IV puts forward a possible explanation for this appropriation of international legal norms and suggests that international law has performed a legitimizing function in the Supreme Court’s articulation of its vision of the state.

“Shioki (Control),” “Fuyo (Dependency),” and Sovereignty

2018 ◽  
Author(s):  
Masaharu Yanagihara
Keyword(s):  
United States ◽  
The Netherlands ◽  
Early Modern ◽  
International Law ◽  
The United States ◽  
Modern Times ◽  
The Status

This chapter’s purpose is to investigate the status of the Ryukyu Kingdom in early-modern and modern times, from the perspectives of specific periods rather than a contemporary viewpoint. The goal is to compare the traditional status of the Kingdom, peculiar to the region at that time, namely “shioki” or “fuyo,” to the idea of “sovereignty” or “independence” in modern European international law. Section I deals with the period from 1609 to the 1830s, before Western people rushed suddenly toward Ryukyu, whereas Section II discusses the status of the Ryukyu Kingdom in the 1840s and 1850s, in particular the nature of the Conventions concluded by the Kingdom with the United States (1854), France (1855), and the Netherlands (1859). Section III deals with a series of administrative regulations from 1872 to 1879 by the New Meiji government bearing on the status of Ryukyu, which is known as the “Ryukyu shobun (Ryukyu Disposition).”

The Status in Nigeria of Treaties Predating the 1979 Constitution: Reflections on JFS v. Brawal Line Ltd

2020 ◽  
Vol 12 (3-4) ◽  
pp. 335-359
Author(s):  
Amos Osaigbovo Enabulele ◽  
Faith Osama Osadolor
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Separation Of Powers ◽  
The State ◽  
Essential Ingredient ◽  
Turn On ◽  
The Supreme Court ◽  
The Status ◽  
Municipal Law ◽  
Legislative Approval

Abstract It is an essential ingredient of sovereignty that every State has an absolute jurisdiction to determine the laws that apply within its territory and to determine, by its laws, the organ of the State that has the competence to make laws and the procedures to be followed. The competent organ that makes municipal law (the legislature) is usually different from the organ that makes international law (the executive). As a result, and following the dictates of separation of powers, while the executive is competent to enter into treaties, its competence is eroded by the competence of the legislature when a treaty is intended to be applied to municipal subjects; such a treaty intrudes into the competence of the legislature. When this occurs, the municipal applicability of the treaty would turn on the requirements specified by municipal law. This is the function of section 12(1) of the 1999 Constitution (as amended). This section bars the executive from transforming its treaty-making power into legislative powers by requiring legislative approval for the application of a treaty in Nigeria. Expectedly, the section has been variously interpreted and applied by Nigerian courts. This paper examines the views expressed by the Supreme Court in JFS v. Brawal Line Ltd and argues that the Supreme Court failed to give proper expression to the dualist nature of that section.

scholarly journals The Urgenda Case in the Netherlands on Climate Change and the Problems of Multilevel Constitutionalism

2020 ◽  
Vol 6 (2) ◽  
pp. 210
Author(s):  
Gerhard Van der Schyff
Keyword(s):  
Climate Change ◽  
The Netherlands ◽  
International Law ◽  
Legal Culture ◽  
The State ◽  
Constitutional Review ◽  
Greenhouse Gasses ◽  
Legal Grounds

This contribution analyses the Urgenda judgments in the Netherlands which ordered the state to reduce the national emissions of greenhouse gasses by 25% by the end of 2020. In arriving at this conclusion, the courts relied heavily on international law, which was applied indirectly and directly to the case. The analysis shows various incongruencies and gaps in the judgments’ legal grounds and reasoning, and suggests that a focus on the Constitution is needed as well in addressing such important issues. This will require long overdue reform of the bar on constitutional review in order to stimulate a strong national legal culture based on the Constitution.

The State of the Netherlands v. Urgenda (Neth. Sup. Ct.)

2020 ◽  
Vol 59 (5) ◽  
pp. 811-848
Author(s):  
André Nollkaemper ◽  
Laura Burgers
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
The Netherlands ◽  
Supreme Court ◽  
International Law ◽  
Greenhouse Gas ◽  
Ghg Emissions ◽  
The State ◽  
European Convention ◽  
The Supreme Court

On December 20, 2019, the Supreme Court of the Netherlands published its judgment in The State of the Netherlands v. Urgenda. The judgment is largely a discussion of questions of Dutch law, but contains several conclusions that are relevant from an international law perspective. In particular, the Court held that on the basis of the European Convention on Human Rights (ECHR), the Netherlands has a positive obligation to take measures for the prevention of climate change and that it was required to reduce its greenhouse gas (GHG) emissions by at least 25 percent by the end of 2020, compared with 1990 levels.

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