Filter results

Results (4619)

Sort by:

Select all Select all

Page 1

David Krivanek - The Weapons Provisions in the Rome Statute of the International Criminal Court and in the German Code of Crimes Against International Law

No access

Select

David Krivanek

The Weapons Provisions in the Rome Statute of the International Criminal Court and in the German Code of Crimes Against International Law

2010

Results in this title

In violation of the international law of armed conflict S. 165

„… in a violation of international humanitarian law.The violation of one of these principles by using …” „… law of armed conflictThe means or methods must furthermore cause these effects 'in violation of …” „… indiscriminateimplies that it is in violation of the international law of armed conflict. As explainedabove, both …”

In violation of the international law of armed conflict S. 135-136

„… requirement that the bullets flatten or expand easily in the humanbody.In violation of the international law …” „… of a violation of international humanitarian law. Thenecessity of including this requirement may be …” „… Statuteis that the use of the named bullets violates the international law of armed conflict.The insertion …”

Subject of a comprehensive prohibition S. 165-172

„… in a violation of international humanitarian law.The violation of one of these principles by using …” „… law of armed conflictThe means or methods must furthermore cause these effects 'in violation of …” „… indiscriminateimplies that it is in violation of the international law of armed conflict. As explainedabove, both …”

Of a nature to cause superfluous injury or unnecessary suffering or inherently indiscriminate S. 149-165

„… law.The violation of one of these principles by using any of the weapons discussedis therefore taken to …” „… effects.In violation of the international law of armed conflictThe means or methods must furthermore cause …” „… these effects 'in violation of theinternational law of armed conflict'. Although it has been argued that …”

Article 8 (2) (b) (xx) of the Rome Statute S. 23

„… violation ofthe international law of armed conflict, provided that such weapons, projectiles and materialand …” „… Statute, "war crimes" means:…(b) Other serious violations of the laws and customs applicable in …” „… Crimes againstInternational LawAt the end of the discussion of each Rome Statute provision, a closer look …”

Comparison with the weapons provisions of the Code of Crimes against International Law S. 23-24

„… violation ofthe international law of armed conflict, provided that such weapons, projectiles and materialand …” „… Statute, "war crimes" means:…(b) Other serious violations of the laws and customs applicable in …” „… Crimes againstInternational LawAt the end of the discussion of each Rome Statute provision, a closer look …”

Overview of the Rome Statute's weapons provisions S. 21-23

„… implementing the Statute in Germany, the Code of Crimes against International Law.Overview of the Rome Statute …” „… " means:…(b) Other serious violations of the laws and customs applicable in international armed …” „… Crimes againstInternational LawAt the end of the discussion of each Rome Statute provision, a closer look …”

Contextual element 1 S. 176-179

„… , at 315 et seq.915 See, e.g., Kreß, 30 IYHR 2000, at 114 et seq.177serious violations of the laws and …” „… serious violations of the lawsand customs applicable in armed conflicts not of an international character …” „… Crimes against International LawArmed conflictWhen implementing the provisions on prohibited means of …”

Weapons encompassed by Article 8 (2) (b) (xviii) of the Rome Statute S. 93-117

„… The evolution of international law did not come to a halt with the adoption ofthe Geneva Protocol …” „… international law following the adoption of the Geneva Protocol may be referred to inorder to determine the …” „… issue; Kalshoven, The Law of Warfare, at 91.436 Supra, at 43 et seq.437 The same applies to the …”

Comparing the contextual elements of the Rome Statute and of the CCAIL S. 181-185

„… serious violation of international humanitarian law applicable in non-international armed conflict.959 And …” „… prosecute violations of international humanitarian law committed in non-international armed conflicts …” „… armed conflict.Mental elementLike the Rome Statute, the Code of Crimes against International Law …”

Titelei/Inhaltsverzeichnis S. 2-18

„… violation of the international law of armed conflictII. 135Possible applicability to other weaponsIII. 136 …” „… agentsd. 163Preliminary conclusione. 165In violation of the international law of armed conflictIII. 165 …” „… in the German Code of Crimes Against International LawNomos1st Edition 2010© Nomos …”

Bibliography S. 201-232

„… Responsible forGenocide and Other Serious Violations of International Humanitarian Law Committed in …” „… .Gradit?ky, Thomas, "Individual criminal responsibility for violations of international humanitarian law …” „… Weapons.McDonnell, Thomas Michael, "Cluster Bombs over Kosovo: A Violation of International Law?",44 Ari?ona Law …”

Weapons encompassed by Sec. 12 (1) No. 1 of the CCAIL S. 73-81

„… International Law.Teleological interpretationAn examination of the ratio legis of this provision leads to the …” „… terms of the Code of Crimes against International Law.Using Sec. 12 (1) No. 1 of the CCAIL to hold …” „… German Code ofCrimes against International Law may be interpreted. As with the correspondingnorm in the …”

Comparing Article 8 (2) (b) (xvii) of the Rome Statute and Sec. 12 (1) No. 1 of the CCAIL S. 85-86

„… consideration that killing or injuring combatants is not a violation of the lawof armed conflict.381 This may …” „… and the Code of Crimes against International Law. The examination of these provisions has shown that …” „… of international law as reflected by the RomeStatute. Although it was reali?ed that in some aspects …”

Included in an annex to the Statute S. 172-173

„… subparagraphs (xvii) – (xix), are in violation of these principles. It was particularly thefive permanent …” „… Law Review 2001, at 705.900 Garraway, in Lee et al. (eds.), Elements of Crime, at 183.901 In any case …” „… , a mental element is necessary; see Werle, Principles of International CriminalLaw, marginal nos …”

Armed conflict S. 179-181

„… Code of Crimes against International LawArmed conflictWhen implementing the provisions on prohibited …” „… well as operational requirements.937Thus, it is consistent to have criminali?ed violations of the laws …” „… Crimesagainst International Law encompasses both types of armed conflicts. Armed conflict in the terms of the …”

Mental Element S. 117-118

„… GermanCode of Crimes against International LawIntroductionHaving come to the above conclusion with regard to …” „… part.546c.d.D.543 Supra, at 61 et seq.544 Boot warns of a potential violation of the principle of …” „… examination ofthe relevant provision in the Code of Crimes against International Law. The provision …”

Decision taken at the Review Conference S. 195-196

„… " means:…(e) Other serious violations of the laws and customs applicable in armed conflicts not of an …” „… international character, within the established framework of international law, namely, any of thefollowing …” „… prohibition of such weapons may seem doubtful. Also the criminalityof the employment of anti-personnel mines …”

A decision by the International Criminal Court S. 188-190

„… Crimesagainst International Law, as is evidenced by Sec. 12 of that code.It has been suggested that the use of …” „… international law we need."984 Certainly, it would be desirableto criminali?e the use of as large a number of …” „… . Mostprohibitions may, after all, be considered customary law. What is more worryingis the potential of non-State …”

Elements of Crimes of the new provisions S. 196-198

„… read: 2. For the purpose of this Statute, "war crimes" means:…(e) Other serious violations of the …” „… established framework of international law, namely, any of thefollowing acts:…(xiii) Employing poison or …” „… of Crimes, adds that they confirm "the exclusion from the Court's jurisdictionof law enforcement …”

Possible applicability to other weapons S. 136-138

„… international law,650would be a strong indication of a violation of international humanitarian law. Thenecessity …” „… order to allow for the lawfuluse of internationally prohibited bullets by domestic law enforcement …” „… bullet did not violate the international law of armed conflictif a police action was to take place in …”

Conclusion regarding the scope of application of Sec. 12 (1) No. 1 of the CCAIL S. 85

„… consideration that killing or injuring combatants is not a violation of the lawof armed conflict.381 This may …” „… and the Code of Crimes against International Law. The examination of these provisions has shown that …” „… is submitted that it is not acceptable that they die from the effects ofprohibited means of warfare …”

Aggravating circumstances S. 83-85

„… in the Rome Statute; Werle, Principles of International Criminal Law,marginal no. 1260.368 …” „… I, is one of the fundamental principles ininternational humanitarian law.378 It basically defines …” „… Humanitarian Law, Rule 1;cf. also Dinstein, The Conduct of Hostilities, at 27 et seq., 82 et seq.379 Cryer et …”

Future Review Conferences S. 190-193

„… to avoiding challenges of their decisions on the basis of a potential violation of thenullum crimen …” „… international law, of course.Two essential points for amending the Statute at the Review Conference havebeen …” „… see Crawford, Sands, 6 African Yearbook of InternationalLaw 1998, p. 153, at 170 et seq. According to …”

General Comment S. 147-148

„… or which are inherently indiscriminate in violation of the international law of armed conflict …” „… Article 8 (2) (b) (xx) of the Rome StatuteGeneral CommentArticle 8 (2) (b) (xx) of the Statute is …” „… phrased in the form of a generic clause. Itdenotes as a war crime[e]mploying weapons, projectiles and …”

Scope of application S. 118-123

„… the Rome Statute in the GermanCode of Crimes against International LawIntroductionHaving come to the …” „… Law. The provision criminali?ing the use of asphyxiating, poisonous or other gases in the RomeStatute …” „… criminali?es violations of the prohibition contained inSec. 18, thus even exceeding the Convention …”

Drafting history of the weapons provisions in the Rome Statute S. 27-31

„… indiscriminatein violation of international humanitarian law.".44 Clark points out the restrictive character of …” „… not only been proscribed and outlawed by aninstrument of international law – the Rome Statute …” „… ) (xvii) – (xx) of the RomeStatute.38Whereas the International Law Commission's Draft Statute of 1994 had …”

Bullets that expand or flatten easily in the human body S. 128-135

„… in the humanbody.In violation of the international law of armed conflictThe next requirement of …” „… International Law 2004, at 63.631 See U.S. Law of War Handbook, at 178; Burton, The Army Lawyer 2006, at 20. See …” „… servance of international humanitarian law by U.N. troops.592 Neither the Statuteof the Yugoslavia …”

Weapons encompassed by Article 8 (2) (b) (xvii) of the Rome Statute S. 46-67

„… law enforcement measures for themaintenance of public order.168 CS gas was also used by the United …” „… Michigan Journal of International Law 1999, p. 51, at 61; and Rappert, 20 Medicine, Conflict and Survival …” „… of War, at 191 et seq.170 Cf., e.g., Werle, Principles of International Criminal Law, marginal no …”

doi.org/10.5771/9783845227559

Christian Klausegger, Peter Klein, Florian Kremslehner, Alexander Petsche, Nikolaus Pitkowitz, Irene Welser, Gerold Zeiler - Austrian Yearbook on International Arbitration 2022

No access

Select

Christian Klausegger (ed.), Peter Klein (ed.), Florian Kremslehner (ed.), Alexander Petsche (ed.), Nikolaus Pitkowitz (ed.), Irene Welser (ed.), Gerold Zeiler (ed.)

Austrian Yearbook on International Arbitration 2022

2022

Results in this title

Elias Nigsch Waiver of the Right to Challenge an Arbitral Award, a Violation of Constitutional Law in Austria? S. 179-204

„… , a Violation of Constitutional Law in Austria?Markus Schifferl/Alexander ZojerDecisions of the …” „… award based on a violation of the public order is narrower than a mere violation of mandatory law. The …” „… public policy are illegality of contracts or violations of European Competition law.19)In opposition to …”

Alfred Siwy Recent Publications S. 411-416

„… of Austrian arbitration law, for instance with regard to such pertinent issues as the form …” „… the taking of evidence. It also shows the interplay between Austrian Arbi-tration law and the ICC and …” „… analysis of the various legal areas involved in such disputes, including corporate law and trust …”

Alice Stocker, Julia Hildebrandt, Mariella Rieder, Désirée Prantl Cybersecurity in International Arbitration S. 47-78

„… violation of an explicit law. Arbitral tribunals rather refer to documents as being leaked and evidence as …” „… acquiring evi-dence in one country, while being a significant breach of law in another. At present, there is …” „… statement on “illegality”, although it was beyond doubt that the documents derived from a violation of US …”

Sophie Aulitzky, Florian Kremslehner, Philipp Stadtegger Economic Sanctions in International Commercial Arbitration S. 79-120

„… by responding to violations of international law, such as threats to AYIA 2022.indb 80 19.01.22 …” „… violation of US law was “actually compelled by the foreign government” and that the “foreign order was …” „… as private law.IV. Austrian Public LawA. Constitutional AspectsAccording to Art 9 of the Austrian …”

Markus Schifferl, Alexander Zojer Decisions of the Austrian Supreme Court on Arbitration in 2020 and 2021 S. 205-220

„… procedural law.As regards the issue of the optional arbitration agreement, the Supreme Court confirmed the …” „… respondents’ legal representative had objected to the violation of the most elementary rules of fair …” „… technology does not constitute a violation of Art. 6 ECHR, which not only grants the right to be heard but …”

Index S. 417-474

„… .2006 Supreme People’s Court Interpretation of Several Issues on the Application of the Arbitration Law …” „… ) 292 et seqq.– Austrian judicature (2007) 240, (2008) 404 et seq.– Austrian Law of International …” „… – jurisdiction (2008) 47 et seqq., 172– lack of reason (2008) 205 et seqq., (2011) 155– law applicable to …”

Hermann J. Knott, Martin Winkler Emergency Arbitration S. 161-176

„… common law-requirement of irreparable harm which is defined as a harm which may not be compensated for by …” „… . 2021]).3) For an on overview of countries which have followed the UNCITRAL ModelLaw see ICC Commission …” „… they have chosen and – in particular for enforcement purposes – the law of the place of arbitration …”

Karl Pörnbacher Construction Arbitration: Innovation and Constants S. 223-236

„… . • Construction disputes often involve complex questions of law6) and a series of claims and counterclaims. The …” „… base his or her decision on facts or law, and what the applicable standards of proof and …” „… hearings will remain very high. The increasing requirements of sus-tain able behavior in business, law in …”

Johannes Tropper, August Reinisch The 2020 Termination Agreement of Intra-EU BITs and Its Effect on Investment Arbitration in the EU S. 301-340

„… requirement of the Termina-tion Agreement seems to be the existence of a (potential) violation of EU law.42 …” „… (‘may be entered into’) if a potential vio-lation of EU law can be identified and neither a court nor …” „… Art. 9(6) (‘A settlement procedure may be entered into if a potential violation of Union law caused by …”

Sorin Dolea, Eliane Fischer Mind the Gap – Jurisdictional Factors to be Considered in Investment Restructuring S. 341-352

„… provision.In this article, we focus on the first of these potential stumbling blocks and analyse the case-law …” „… the principles contained in the Vienna Convention on the Law of Treaties (VCLT),8) the International …” „… Law Commission’s Draft Articles on State Responsibility (the ILC Articles)9) and decisions of …”

Titelei/Inhaltsverzeichnis

„… Challenge an Arbitral Award, a Violation of Constitutional Law in Austria?Markus Schifferl/Alexander …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177Elias NigschWaiver of the Right to Challenge an Arbitral Award, a Violation of Constitutional Law …” „… fields of Banking Law and International Commercial Arbi tration Law.He completed his national law degree …”

Aman Lekhi, Pranay Lekhi The Objective Non-arbitrability of Insolvency Related Disputes S. 3-24

„… International Public Policy of Insolvency LawThe insolvency law framework is key to ensuring a State’s economic …” „… principle of insolvency laws around the world.50) It dictates that under insolvency law, similarly situated …” „… policies of insolvency laws and international law are in a “conflict of near polar extremes”.141) While …”

Nikolaus Pitkowitz, Anna Katharina Radschek, Elisabeth Vanas-Metzler, the 11 contributors The Vienna Propositions for Construction Arbitration S. 249-290

„… violation of an MTC. This however would be a substantial change in the system of arbitration and most likely …” „… the expense of offending the party autonomy, therefore in violation of Article II of the New York …” „… the Statute of LimitationThe interplay of the applicable laws on the procedure and the substance of …”

doi.org/10.5771/9783214164997

Edina Márton - Violations of Personality Rights through the Internet: Jurisdictional Issues under European Law

No access

Select

Edina Márton

Violations of Personality Rights through the Internet: Jurisdictional Issues under European Law

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 101 2016

Results in this title

Chapter I: Background: four national perspectives on violations of personality rights S. 37-54

„… violations of personality rights. First, as a rule, Hungarian and German law recognises a framework right …” „… adjudication of their violations are deeply rooted in the national substantive laws reflecting the social …” „… 37 Chapter I: Background: four national perspectives on violations of personality rights The …”

Chapter VII: Jurisdiction in online (potential) violations of personality rights: the eDate and Martinez judgment S. 232-305

„… 232 Chapter VII: Jurisdiction in online (potential) violations of personality rights: the eDate …” „… ) violations of personality rights reached a climax in eDate and Martinez delivered by the ECJ sixteen years …” „… jurisdiction in online (potential) violations of personality rights, specifically defamation and invasion of …”

Titelei/Inhaltsverzeichnis S. 1-17

„… Violations of Personality Rights through the Internet: Jurisdictional Issues under European Law …” „… , Edina Violations of Personality Rights through the Internet: Jurisdictional Issues under European Law …” „… Albert Weitzel Edina Márton Violations of Personality Rights through the Internet: Jurisdictional …”

Chapter VI: Jurisdiction in online violations of personality rights: reviewing 16 years’ proposals S. 201-231

„… 201 Chapter VI: Jurisdiction in online violations of personality rights: reviewing 16 years …” „… are leaving their marks on online violations of personality rights. In particular, these violations …” „… forward for localising online (potential) violations of personality rights basically within Art 7(2) over …”

Chapter V: Jurisdiction in offline violations of personality rights: the Shevill judgment S. 153-200

„… , Persönlichkeitsverletzungen, p 156 notes (regarding personality right as an ideal right) that violations of competition law …” „… in EU law690 and different national laws,691 such as in France for the rules of jurisdiction in …” „… 153 Chapter V: Jurisdiction in offline violations of personality rights: the Shevill judgment As …”

Introduction: International jurisdiction of courts in the digital age - A bird’s eye view S. 27-36

„… forming one of the facts of the case which is selected in order to attach a question of law to a legal …” „… , and implies a selection of law applicable to the procedural and substantive issues of the …” „… , 186 ff. Regarding the importance of the interactive nature of the website in the case law of the ECJ …”

Chapter IV: Jurisdiction in tort: a general note on Art 7(2) with particular regard to violations of personality rights S. 130-152

„… violations of personality rights The person who claims that his personality rights are (threatened to be …” „… particular regard to violations of personality rights. A. Matters relating to tort, delict, or quasi-delict …” „… examination to determine whether actions, irrespective of their classification under national law, are …”

Chapter III: Mapping the legal landscape: the Brussels-Lugano Regime S. 71-129

„… on the persons 91 violations of personality rights.313 However, it does not include public law …” „… latter rules are regulated in the Law-Decree No 13 of 1979 on International Private Law (A nemzetközi …” „… 2002, 142, 142. 255 This law-decree covers all three aspects of PIL issues, namely, jurisdiction …”

Chapter VIII: A proposal to reform the eDate and Martinez judgment S. 306-312

„… online (potential) violations of personality rights, specifically defamation and injury to the right to …” „… bases for disputes concerning violations of personality rights through the Internet in Europe, where …” „… duality of jurisdiction under Art 7(2) should be upheld in disputes concerning online violations of …”

Conclusions: International jurisdiction of European courts in the digital age - An insight view S. 313-318

„… disputes concerning (potential) violations of personality rights through the Internet in Europe, where …” „… . III.C; Ch. III.D.II; Ch. IV). In proceedings concerning online (potential) violations of personality …” „… courts in the digital age 314 meaning of Art 7(1)(a), since in a violation, no obligation is freely …”

Table of Official Studies and Reports S. 373-376

„… non- contractual obligations arising out of violations of privacy and rights relating to personality …” „… - Explanatory Report by Professor Fausto Pocar (Holder of the Chair of International Law at the University of …” „… with recommendations to the Commission on the amendment of Regulation (EC) No 864/2007 on the law …”

Chapter II: Background: characteristics of the Internet S. 55-70

„… turn, and as the previous chapter, it aims to contribute to the localisation of online violations of …” „… requested the website of the Faculty of Law and Political Science of Eötvös Loránd University, Budapest …” „… media operators in the EU could lead to the application of EU data protection law. On this, see e.g …”

Bibliography S. 319-348

„… Rules of the Conflict of Laws, Alphen aan den Rijn, The Netherlands, Kluwer Law International, 2011, pp …” „… of Harvard University Press, 1986 (cited: Dworkin, Law’s Empire) Eady, David: Injunctions and the …” „… ) Stone, Peter: EU Private International Law. Harmonization of Laws, Cheltenham, UK - Northampton, MA …”

doi.org/10.5771/9783845270708

Stephan Wollbrink - A Violation of International Law as a Necessary Element of a "Threat to the Peace" under the UN Charter

No access

Select

Stephan Wollbrink

A Violation of International Law as a Necessary Element of a "Threat to the Peace" under the UN Charter

Series: Nomos Universitätsschriften - Recht

Volume 840 2014

Results in this title

Conclusion regarding the element of a violation of international law with respect to a potential lawmaking competence of the Security Council S. 195-196

„… law.Conclusion regarding the element of a violation of international law withrespect to a potential lawmaking …” „… proliferation of nuclear weapons is not generally outlawed under inter-V.F. A violation of international law …” „… violation of international law as element of a "threat to the peace"196 …”

Teleological interpretation S. 69-98

„… of EnglishPart I: A violation of international law as element of a "threat to the peace"70against …” „… , United Nations sanctions and the rule of law, p. 41 f.Part I: A violation of international law as …” „… and the rule of law, p. 49Part I: A violation of international law as element of a "threat to the …”

Anticipatory self-defense and state of necessity S. 137-158

„… violations of international law.In addition, the mere omission to name necessity in the UN Charter does …” „… Security Strategy 2010, p. 22Part I: A violation of international law as element of a "threat to the peace …” „… (2005-2006), p. 651456 Yoo, l. c., p. 652 f.457 Yoo, l. c., p. 659Part I: A violation of international law …”

Element of an unlawful act for the determination of a general abstract situation as a threat to the peace S. 192-195

„… need a specific breachof international law.Conclusion regarding the element of a violation of …” „… . Part I, C. I. 3.Part I: A violation of international law as element of a "threat to the peace"192 …” „… (Nicaragua v. United States of America)F. A violation of international law with respect to a potential …”

Enhancing morality and legitimacy S. 126-136

„… and Politics 29 (1996-1997), p. 232Part I: A violation of international law as element of a "threat …” „… comprises.410General aspects of lawmaking in international lawStates need to consider different aspects if …” „… 54 (2000), p. 429Part I: A violation of international law as element of a "threat to the peace"130 …”

Weapons of Mass Destruction and withdrawal from arms control treaty S. 173-185

„… Part I: A violation of international law as element of a "threat to the peace"174The possession of …” „… Aufrüstung mit Kernwaffen, p. 161Part I: A violation of international law as element of a "threat to the …” „… Journal of International Law 58 (1964), p. 662Part I: A violation of international law as element of a …”

Systematic interpretation S. 54-69

„… violation of international law as element of a "threat to the peace"54thereby increasing its relevance with …” „… United Nations, Art. 39 recital 41Part I: A violation of international law as element of a "threat to …” „… , 1945, Vol. 6 p. 344Part I: A violation of international law as element of a "threat to the peace"58 …”

International organizations in the role of legislators S. 185-187

„… . A violation of international law with respect to a potential lawmaking competence185cific threat to …” „… their sovereignty by the SecurityCouncil.The element of a violation of international law with respect to …” „… 46 (2007-2008), p. 445Part I: A violation of international law as element of a "threat to the peace …”

Failed states S. 158-173

„… violation of international law as element of a "threat to the peace"158of statehood, in addition to …” „… , Völkerrecht, p. 457recital 1270Part I: A violation of international law as element of a "threat to the peace …” „… f.Part I: A violation of international law as element of a "threat to the peace"162law.553 Accordingly …”

Competence of the Security Council to adopt general and abstract resolutions S. 189-192

„… violation of international law with respect to a potential lawmaking competence191the case as long as the …” „… Nations, General Framework Chapter VII recitals 31 ff.F. A violation of international law with respect to …” „… : A violation of international law as element of a "threat to the peace"190Likewise, the lack of …”

Summary and final remarks S. 196-202

„… state has caused aPart I: A violation of international law as element of a "threat to the peace"198 …” „… politics since the end of the Cold War have proven that states arePart I: A violation of international law …” „… requires – like the other alternativesin Article 39 – a preceding breach of international law.A …”

Criteria for compliance with legal obligations S. 118-126

„… Law 32 (1991-1992),p. 29Part I: A violation of international law as element of a "threat to the peace …” „… , Review of Law & Economics 4 (2008),p. 822 f.Part I: A violation of international law as element of a …” „… violation of international law as element of a "threat to the peace"122consensus across more than one state …”

Determinations of Article 39 situations in the past S. 33-43

„… (2006); S/RES/1724 (2006)Part I: A violation of international law as element of a "threat to the peace …” „… : A violation of international law as element of a "threat to the peace"36In the vast majority of …” „… I: A violation of international law as element of a "threat to the peace"40international terrorism …”

Causal link between unlawful act and peace threatening situation S. 102-107

„… , Völkerrecht, § 41 recital 22306 Cf. Herdegen, l. c., § 41 recital 18Part I: A violation of international law …” „… SrebrenicaPart I: A violation of international law as element of a "threat to the peace"104ready caused by the …” „… Law 96 (2002), p. 846309 International Law Commission, Report of the International Law Commission …”

Grammatical interpretation S. 45-54

„… Part I: A violation of international law as element of a "threat to the peace"48to threats of force …” „… ” [emphasis added]119 Statement of Mr. Parodi page 322 of S/PV.44Part I: A violation of international law as …” „… : Stevenson (ed.), l. c.Part I: A violation of international law as element of a "threat to the peace"52 …”

Necessary severity of the breach S. 109-111

„… violations”.336 Thus, breaches of international law that under the Rome Statuteof the ICC cause individual …” „… violation of international law as element of a "threat to the peace"110a breach of essential rights and …” „… breaches of international law.It does not, therefore, come as a surprise that the Security Council …”

Possibility of global governance by the Security Council S. 187-189

„… : Securing Non-Proliferation and the Rule of Law through Security Council Resolutions, p. 26F. A violation of …” „… ; Stein, Völkerrecht, p. 334 recitals 903 f.Part I: A violation of international law as element of a …” „… Nations, General Framework Chapter VII recitals 31 ff.F. A violation of international law with respect to …”

Conclusion regarding the interpretation of the alternative “threat to the peace” S. 100-102

„… , 573; 581Part I: A violation of international law as element of a "threat to the peace"100independent …” „… . c., § 41 recital 18Part I: A violation of international law as element of a "threat to the peace …” „… Chapter VII measures without the precondition of a violation ofinternational obligations.Considering the …”

Conclusion regarding the analysis of Chapter VII Resolutions S. 43-45

„… commonly deploredbreaches were violations of human rights and humanitarian law, the prohibition of the use …” „… violation of international law as element of a "threat to the peace"44However, this finding requires …” „… to the peace without referring to breaches of international law.Both resolutions concerned the former …”

European Court of Justice and its extensive interpretation of own competences S. 114-118

„… . 495Part I: A violation of international law as element of a "threat to the peace"114on the question …” „… excludedDanish property regulations from EU jurisdictionPart I: A violation of international law as element of a …” „… Law 32 (1991-1992),p. 29Part I: A violation of international law as element of a "threat to the peace …”

Background S. 237-240

„… , there were violations of humanitarian law,and attacks of neutral ships and aircraft. In addition, the …” „… neutralshipping or civilian aircraft and the violation of international humanitarianlaw and the laws of armed …” „… their obligations under international law: Alongside the breach ofthe prohibition of the use of force …”

Definition of Chapter VII Resolutions S. 28-33

„… A violation of international law as a necessary element ofa “threat to the peace”Analysis of …” „… Journal of International Law 66(1997), p. 26340 S/RES/713 (1991); S/RES/733 (1992)Part I: A violation of …” „… S/RES/687 (1991)47 S/RES/1172 (1998)48 S/PV.3890 p. 5Part I: A violation of international law as …”

Vorwort S. 5-17

„… The element of a violation of international law with respect to apotential lawmaking competence of the …” „… Reason for investigationA. 19Key objectiveB. 24Method and structureC. 25A violation of international law …” „… legalization in international law2. 129Characteristics of hard lawa) 130Characteristics of soft lawb) 131 …”

Fault S. 111-112

„… . 547Part I: A violation of international law as element of a "threat to the peace"112 …” „… a breach of essential rights and hence to a severe breach of international law.On the other hand …” „… breach of international law.With respect to the prohibition of the use of force, this will always be …”

Analysis S. 237

„… , there were violations of humanitarian law,and attacks of neutral ships and aircraft. In addition, the …” „… neutralshipping or civilian aircraft and the violation of international humanitarianlaw and the laws of armed …” „… their obligations under international law: Alongside the breach ofthe prohibition of the use of force …”

Background S. 236-237

„… the use of force, there were violations of humanitarian law,and attacks of neutral ships and aircraft …” „… . Therefore, the invasionof Argentina was in any case a breach of international law.783 This illegalact was …” „… .), United Nations: law, policies and practice, No. 28Annex I: Backgrounds and analyses of Chapter VII …”

Titelei/Inhaltsverzeichnis S. 1-5

„… Recht UniversitätsSchriftenA Violation of International Law as a Necessary Element of a “Threat to …” „… BUT_Wollbrink_1026-3.indd 2 10.04.14 11:39Stephan WollbrinkA Violation of International Law as a Necessary …” „… photocopying machine or similar means, and storage in data banks. Under § 54 of the German Copyright Law where …”

Subject matter of the breached norm S. 107-109

„… other alternatives in Article 39, which consist of severe breaches of international law.It does not …” „… breaches of international law.As to the ILC Articles, Article 12 regarding the existence of a breach …” „… breaches of international law thatmay constitute a threat to the peace, the requirement of adequate …”

Background S. 261-262

„… Security Council did not determine the threatby referring to breaches of international law.Situation in …” „… the lack of mention of human rights violations in the resolutionsor in the meeting records, the …” „… Article 25, the non-compliance amounted to a breach ofinternational law.Thus, in the situation regarding …”

Background S. 298-299

„… inter alia characterized by “serious violations of human rights and international humanitarian law” due …” „… based its determination of a threat to the peaceon severe breaches of international law.Conflict between …” „… determined threat consisted of breaches of international law committed by Eritrea.The other two resolutions …”

Historical interpretation S. 98-100

„… I: A violation of international law as element of a "threat to the peace"98classic scheme of …” „… , 573; 581Part I: A violation of international law as element of a "threat to the peace"100 …” „… act preventively, as not every breach of international law is automatically a breach of the peace or …”

Background S. 262-263

„… not necessarily so.Given the lack of mention of human rights violations in the resolutionsor in the …” „… the meetingrecords was there an explicit condemnation of breaches of international lawor human rights …” „… international law.Situation in Albania (1997)BackgroundIn 1997, the Albanian state and population lost a large …”

Analysis S. 262

„… not necessarily so.Given the lack of mention of human rights violations in the resolutionsor in the …” „… the meetingrecords was there an explicit condemnation of breaches of international lawor human rights …” „… international law.Situation in Albania (1997)BackgroundIn 1997, the Albanian state and population lost a large …”

Conclusion regarding criteria for compliance with legal obligations S. 126

„… and Politics 29 (1996-1997), p. 232Part I: A violation of international law as element of a "threat …” „… , Compliance with Intellectual Property Laws: A psychological perspective,N.Y.U. Journal of International Law …” „… rule of law, p. 242404 Franck, Fairness in international law and institutions, p. 7405 Tyler …”

Burden of proof S. 112-113

„… : A violation of international law as element of a "threat to the peace"112tional peace and security …” „… , The burden of proof in comparative and international human rights law,p. 209; cf. International Court …” „… law as it is in domestic law.345 Instead, the consideration of fault has to be explicitly required by …”

Conclusion regarding requirements regarding the unlawful act S. 113-114

„… . 495Part I: A violation of international law as element of a "threat to the peace"114 …” „… reliable basis that theVI.348 Cf. regarding human rights law Kokott, The burden of proof in comparative …” „… andinternational human rights law, p. 202 ff.349 Cf. Waxman, The Use of Force against States that might have …”

Background S. 286

„… law.Non-proliferation of Weapons of Mass Destruction (2004)BackgroundAfter the September 11, 2001, attacks had proven to …” „… breaches of human rights from the beginning. This finding is supported bythe statement of the …” „… Secretary-General prior to the adoption of the resolutionsthat states inter alia: “The Council calls upon the …”

Analysis S. 298

„… inter alia characterized by “serious violations of human rights and international humanitarian law” due …” „… based its determination of a threat to the peaceon severe breaches of international law.Conflict between …” „… the mandate of the mission wasextended and adjusted1092 until its completion on December 31, 2010 …”

Background S. 260

„… violations of international law”907 as well as the commission of “genocide”908. The following …” „… law.Situation in Sudan (failed attempt to assassinate President Mubarak)(1996)BackgroundIn 1995, an attempt to …” „… enable the coming toterms with the past in order to “contribut[e] to the restoration and maintenance of …”

Background S. 235-236

„… Chapter VIIresolutions inter alia with violations of international law.Conflict concerning the Falkland …” „… international law initiated the actions of the Security Council and constituted necessary steps in the causality …” „… . Verdross/Simma (ed.), Universelles Völkerrecht, § 1263; Higginbotham, International Law, the Use of Force in …”

Analysis S. 268-269

„… humanitarian law as well as violations of the arms embargo.956 The remaining resolutions until the measures …” „… international law.In addition, the warring parties were bound by the UN system of collectivesecurity under …” „… murder, rape and looting. However, the regular forces of theother states breached humanitarian law as …”

Analysis S. 260-261

„… violations of international law”907 as well as the commission of “genocide”908. The following …” „… law.Situation in Sudan (failed attempt to assassinate President Mubarak)(1996)BackgroundIn 1995, an attempt to …” „… ofinternational law.Thus, in the situation regarding Sudan, the first threat determined by theSecurity Council did …”

Analysis S. 285-286

„… law.Non-proliferation of Weapons of Mass Destruction (2004)BackgroundAfter the September 11, 2001, attacks had proven to …” „… in 2010, which killed some 200,000 people and destroyed large parts of the infrastructure in Haiti …” „… , was a severe drawback forthe stabilization of the country. The lack of efficient authority is …”

Conclusion regarding the maximization of effectiveness S. 136-137

„… See Part I, B. III. 1. a) bb)Part I: A violation of international law as element of a "threat to the …” „… is therefore necessary that every determinationbe preceded by a breach of international law.In …” „… conclusion, it is possible to “harden” the soft law provisions of Chapter VII by increasing the precision of …”

Analysis S. 256-257

„… breachesof international law.These violations of international law had been one of the aspects of …” „… and adjusted them subsequently.887 In the further course of the conflict,UNITA continued to …” „… .889AnalysisIn the Angolan conflict the Security Council determined the existence of onethreat to the …”

Analysis S. 234-235

„… of international law.Conflict concerning the Falkland Islands (Islas Malvinas) (1982)BackgroundEven …” „… states and engaging in battles. These breachesof international law initiated the actions of the Security …” „… force.Therefore, the Security Council grounded its adoption of Chapter VIIresolutions inter alia with violations …”

Analysis S. 248-249

„… infringed international law.The resolutions adopted from 2001 on were remarkably consistent, as inall of …” „… system of collective security to be customary international law, which is also binding for non-state …” „… resolutionsfrom 1992.856 As said before, this situation consisted of breaches of humanrights and humanitarian law …”

Background S. 257-258

„… aforementioned peace treaties amounted to breachesof international law.These violations of international law had …” „… referring to massivebreaches of international law.II.895 S/RES/918 (1994)896 S/RES/929 (1994)897 S/RES/955 …” „… gated to respect human rights.893 In this way, UNITA’s non-compliance withthe obligations of the …”

Analysis S. 254-255

„… not refer tobreaches of international law.Situation in Angola (1993)BackgroundAngola had been a …” „… increase in refugees. However, these couldnot be considered breaches of international law. Even today, the …” „… violentoverthrow of a democratically elected government cannot be considered abreach of international law.880 While …”

Analysis S. 259-260

„… )P. Ad hoc tribunals for Yugoslavia (1993) and Rwanda (1994)259violations of international law”907 as …” „… determined threats to the peace by referring to breaches of international law.Situation in Sudan (failed …” „… Ad hoc tribunals for Yugoslavia (1993) and Rwanda (1994)BackgroundIn the course of the particularly …”

Background S. 297-298

„… addition, there is nocustomary law that bans the possession or testing of nuclear weapons.1088Thus, North …” „… resolutions, this situation was inter alia characterized by “serious violations of human rights and …” „… international humanitarian law” due to the armed activities of the different groups engaged in theconflict.1094 …”

Analysis S. 286-288

„… law.Non-proliferation of Weapons of Mass Destruction (2004)BackgroundAfter the September 11, 2001, attacks had proven to …” „… determined threats did not consist of a preceding breach of international law. In addition, the resolutions …” „… dealt with a phenomenon thatwould not necessarily amount to a breach of international law if it were …”

Background S. 269-270

„… humanitarian law as well as violations of the arms embargo.956 The remaining resolutions until the measures …” „… murder, rape and looting. However, the regular forces of theother states breached humanitarian law as …” „… alia on breachesof international law when it adopted this Chapter VII Resolution. The secondresolution …”

Background S. 230-231

„… law.Situation in the Republic of the Congo (Léopoldville) (today DR Congo)(1961)BackgroundIn 1960, the Republic …” „… systematic violations of human rights. In addition, in the operative parts of bothresolutions the Security …” „… Council referred to breaches ofinternational law as one of the aspects of the determined threat to the …”

Analysis S. 278-280

„… first of those resolutions, the Security Council referredto breaches of human rights, humanitarian law …” „… violations of the sanction regimes and the peace agreement.In another resolution1003, the Security Council …” „… Council did not refer to a breach of international law preceding the determination of the respective …”

Background S. 253-254

„… refugees. However, these couldnot be considered breaches of international law. Even today, the …” „… violentoverthrow of a democratically elected government cannot be considered abreach of international law.880 While …” „… SecurityCouncil acted in response to violations of human rights. It rather appears tobe another incident in which …”

Background S. 249-250

„… resolutionsfrom 1992.856 As said before, this situation consisted of breaches of humanrights and humanitarian law …” „… as well as of violations of the sanctions regime.As for the second threat, the Security Council …” „… non-compliance with Resolution 731 (1992) did not amount to a breach of international law and the firstChapter …”

Method and structure S. 25-28

„… and structure27A violation of international law as a necessary element ofa “threat to the …” „… could say that the objectiveof this paper is to figure out whether a breach of international law is a …” „… paper.Finally, this paper will elaborate whether a preceding breach of international law is necessary for the …”

Analysis S. 244-246

„… agreements, massive and systematic breaches of human rights and humanitarian law, breaches of the prohibition …” „… UN established IFOR, which had the mandate of supervising the implementation of the peace agreement …” „… differentfront lines and the high number of parties to the conflict. The measuresadopted by the Security Council …”

Background S. 289-291

„… athreat inter alia on breaches of international law.Situation in Sudan (civil wars) (2004)BackgroundFrom …” „… breaches of human rights andhumanitarian law. In addition, the Security Council deplored infringementsof …” „… ongoing human rights violations as well as infringements of either the Comprehensive Peace Agreement or …”

Analysis S. 299-300

„… the Somaliembargo regime. Thus, the determined threat consisted of breaches of international law …” „… Security Council referred to breaches of human rights and violations of the sanctions regimes. Hence, the …” „… was one of the principalviolators of the respective embargo regime.1096 In response, the …”

Analysis S. 231-232

„… Security Council noted systematic violations of human rights. In addition, in the operative parts of …” „… resolutions the Security Council referred to breaches ofinternational law as one of the aspects of the …” „… to end the presence of Belgian forces. After theclashes had intensified and culminated in the …”

Bibliography S. 307-318

„… Journalof Transnational Law 37 (2004), p. 485–526.Lawson, Richard A.: Essays in honour of Henry G. Schermers …” „… .Bibliography314Murswiek, Dietrich: The American Strategy of Preemptive War and International Law,in: Institute …” „… Mission in Liberia. S/2011/497, 2011.Baxter, Richard R.: Forces for Compliance with the Law of War, in …”

Analysis S. 291-292

„… place and the UNMIS forces were not deployed in spite of a respective resolution.1057 Hence, the …” „… operation in Darfur(UNAMID) instead in order to support the implementation of the DarfurPeace Agreement.1058 …” „… meetings. In those reports, the Secretary-General stressed that a positive development in one of the …”

doi.org/10.5771/9783845252285

Clemens A. Feinäugle - The Rule of Law and Its Application to the United Nations

No access

Select

Clemens A. Feinäugle (ed.)

The Rule of Law and Its Application to the United Nations

Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Volume 6 2016

Results in this title

Erika de Wet Lip-service to the Rule of Law in the Administration of Kosovo: The Limited Accountability of UNMIK for Human Rights Violations. A Comment on Ernst Tschoepke S. 171-180

„… Lip-service to the Rule of Law in the Administration of Kosovo: The Limited Accountability of UNMIK …” „… for Human Rights Violations A Comment on Ernst Tschoepke Erika de Wet The Applicability of …” „… that the United Nations and its organs are bound by the rule of law and human rights. Moreover, it …”

D Stephen Mathias The Application of the Rule of Law to United Nations Peacekeeping Operations S. 107-130

„… that ‘impunity is not tolerated’18 including for violations of international humanitarian law and gross …” „… violations of human rights law. In this way, peacekeeping missions act to implement, strengthen and ensure …” „… violators or accomplices to violations of international humanitarian or human rights law, OLA also …”

Janelle M Diller The Responsibility of the UN and the International Rule of Law S. 225-258

„… Violations of International Human The Responsibility of the UN and the International Rule of Law 245 gation …” „… entity is committing grave violations of international humanitarian law, human rights law or refugee law …” „… prevent violations remains to be seen. Under the law of responsibility, the Rights Up Front plan could be …”

Janelle Diller Human Rights and the Rule of Law as Applicable to the UNSC: Implications for the Right to a Fair Hearing. A Comment on Erika de Wet S. 201-210

„… Human Rights and the Rule of Law as Applicable to the UNSC: Implications for the Right to a Fair …” „… Hearing A Comment on Erika de Wet Janelle Diller* In her Chapter on human rights and the rule of law …” „… requirements of a fair hearing under international human rights law, and the potentially higher protections of …”

Matthew Happold United Nations Sanctions and the Rule of Law S. 75-98

„… resolved by application of the law and not the exercise of discretion; (3) that the laws of the land should …” „… United Nations Sanctions and the Rule of Law Matthew Happold Introduction The content of the …” „… concept of the rule of law has been much discussed.1 Brian Tamanaha, one of its foremost contemporary …”

Matthew Happold The Responsibility of the UN and the International Rule of Law. A Comment on Janelle Diller S. 259-268

„… The Responsibility of the UN and the International Rule of Law A Comment on Janelle Diller Matthew …” „… of the United Nations and the international rule of law, this comment shall take a narrower focus. No …” „… attempt will be made to revisit the question of what the international rule of law might be at the …”

Ernst U Tschoepke The UN Administration of Territories: The Mission in Kosovo and the Rule of Law S. 149-170

„… the course of implementing the rule of law if they were in violation of the Mission’s Security Council …” „… enacted legislation. EULEX appointed judges, who pointed to the violation of international law and refused …” „… perpetuated violation of international law. The Protection of Property Rights The original court overseeing …”

Titelei/Inhaltsverzeichnis S. 1-8

„… The Rule of Law and Its Application to the United Nations Clemens A. Feinäugle (ed.) Studies of …” „… Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law …” „… .) The Rule of Law and Its Application to the United Nations Nomos Die Deutsche Nationalbibliothek lists …”

Edith Wagner Cholera in Haiti: Lethal to UN’s Absolute Jurisdictional Immunity?. A Comment on Gian Luca Burci S. 297-310

„… Edith Wagner The International Rule of Law and the UN The United Nations enjoys absolute immunity from …” „… boost;11 as did the question whether the law of international organisations with its strongly …” „… International Organizations Law Review even decided to dedicate a special issue to immunity of international …”

D Stephen Mathias Ensuring Respect for the Rule of Law in the Elaboration and Implementation of UN Sanctions. A Comment on Matthew Happold S. 99-106

„… Ensuring Respect for the Rule of Law in the Elaboration and Implementation of UN Sanctions A …” „… sanctions and the rule of law. It should go without saying that my comments are without prejudice to the …” „… drawn between the ‘thin’ and ‘thick’ perspectives of the rule of law, and more precisely between the …”

Clemens A Feinäugle The International Court of Justice and the Rule of Law S. 341-370

„… The International Court of Justice and the Rule of Law Clemens A Feinäugle* Introduction An article …” „… in a recent book on the International Court of Justice (ICJ) and the rule of law concludes with the …” „… Nations to enhance the rule of law in the international community.’1 And, indeed, when investigating the …”

Edric Selous The Rule of Law and the Debate on it in the United Nations S. 13-28

„… violations of human rights’. Here too, the rule of law focus has been on its realisation at the national …” „… individual and State power through laws. Aristotle, in modern English translation, refers to the rule of law …” „… of the laws are obeying the laws.’1 In this way, the rule of law sits at the very heart of governance …”

Holger P Hestermeyer A Rights-based Approach to the Rule of Law in International Law. A Comment on Stephen Mathias S. 131-148

„… /just_what_is_a_lawyer_s_lawyer.html> accessed 17 April 2015. A Rights-based Approach to the Rule of Law in International Law 133 …” „… the Rule of Law under International Law The second reason for lawyers invoking concrete provisions of …” „… the identification of the binding rule of lawrelated provisions of international law (regarding the …”

Clemens A Feinäugle Theoretical Approaches to the Rule of Law and Its Application to the United Nations S. 29-50

„… individual EU Member States are discussed as violations of the rule of law on which the EU is 29 furnish such …” „… Theoretical Approaches to the Rule of Law and Its Application to the United Nations Clemens A …” „… Feinäugle* Introduction The question whether there is something like the rule of law in the international …”

Erika de Wet Human Rights and the Rule of Law as Applicable to the UNSC: Implications for the Right to a Fair Hearing S. 181-200

„… obligations in a suit at law’).The Sayadi and Vinck case did not elaborate on the scope of protection provided …” „… Human Rights and the Rule of Law as Applicable to the UNSC: Implications for the Right to a Fair …” „… , the Heads of State and Government reaffirmed the fundamental importance of the rule of law for the …”

Gian Luca Burci Enforcement versus Immunities in the United Nations: A Rule of Law Perspective S. 269-296

„… Enforcement versus Immunities in the United Nations: A Rule of Law Perspective Gian Luca Burci …” „… * Introduction The General Assembly Declaration on the rule of law at the national and international levels (the …” „… General Assembly Declaration) states that ‘… the rule of law applies … to international organizations …”

doi.org/10.5771/9783845275017

1

2 3 ... 924