The present work tries to analyze the role of the International Court of Justice (ICJ) in the Ukrainian crisis. What kind of intervention can be done to the crime of genocide based as a precautionary appeal and with the aim of avoiding litigation? The practice already from the first months has shown that the dispute did not stop with a question to the International Court of Justice (ICJ), a body not competent to resolve the dispute. Already the speed of the ICJ shows perhaps for the first time the commitment of the international community to be close to peoples who need their help. The jurisprudential history of the ICJ will shed light on the positions held by the first steps of the ICJ in relation to the controversy.
{"title":"Ukraine crisis: Types of interventions, punishment of crimes and international law","authors":"S. Hill","doi":"10.12681/ayil.33048","DOIUrl":"https://doi.org/10.12681/ayil.33048","url":null,"abstract":"The present work tries to analyze the role of the International Court of Justice (ICJ) in the Ukrainian crisis. What kind of intervention can be done to the crime of genocide based as a precautionary appeal and with the aim of avoiding litigation? The practice already from the first months has shown that the dispute did not stop with a question to the International Court of Justice (ICJ), a body not competent to resolve the dispute. Already the speed of the ICJ shows perhaps for the first time the commitment of the international community to be close to peoples who need their help. The jurisprudential history of the ICJ will shed light on the positions held by the first steps of the ICJ in relation to the controversy.","PeriodicalId":295983,"journal":{"name":"American Yearbook of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133779191","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The present work tries to analyze the relationship or not of the protection of human rights from the International Court of Justice. It is a work based on jurisprudence and the dissenting opinions of the judges of the Court that with the help of the doctrine we will try to arrive not at certain conclusions but to open the way to new discussions that have to do with juridical positions that put in practice new ideas of approach to protect human rights from an international body and always remaining a topical and continuously developing topic for the next few years. This investigation has excluded cases of state liability, the use of control mechanisms and correlated ordinances for humanitarian purposes in relation to human rights.
{"title":"Practice, evolution and protection of human rights through the International Court of Justice jurisprudence","authors":"J. Loger","doi":"10.12681/ayil.33040","DOIUrl":"https://doi.org/10.12681/ayil.33040","url":null,"abstract":"The present work tries to analyze the relationship or not of the protection of human rights from the International Court of Justice. It is a work based on jurisprudence and the dissenting opinions of the judges of the Court that with the help of the doctrine we will try to arrive not at certain conclusions but to open the way to new discussions that have to do with juridical positions that put in practice new ideas of approach to protect human rights from an international body and always remaining a topical and continuously developing topic for the next few years. This investigation has excluded cases of state liability, the use of control mechanisms and correlated ordinances for humanitarian purposes in relation to human rights. \u0000 ","PeriodicalId":295983,"journal":{"name":"American Yearbook of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116419966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the current paper, taking into account the transboundary rivers’ special importance and value, it is proposed that “International Law of Transboundary Rivers” should be established as an autonomous legal branch of International Law. Firstly, a legal framework for International Law of Transboundary Rivers is proposed, and then suggestions are made for its strengthening. It is argued that the governance of transboundary rivers is closely linked and promotes the maintenance of international peace and security, and all the other primary purposes of International Law. Moreover, the connection of International Law of Transboundary Rivers with International Human Rights Law, International Criminal Law and International Humanitarian Law is suggested. In addition, the proposed framework is linked to the Resolution A/RES/64/292 (2010) “The human right to water and sanitation”. The human right to water and sanitation, and its crucial importance are analyzed. In the context of the paper, the connection of the right to water and sanitation with several rights already enshrined: i) in the European Convention on Human Rights, ii) in the American Convention on Human Rights, and iii) in the African Charter of Human and Peoples’ Rights is attempted. This suggestion is made in order to be possible for individuals and for states to legally invoke and judicially assert this right. By the combined invocation of the right to water and sanitation with these rights, it could become possible to utilize the relevant regional human rights instruments and mechanisms, for the legal assertion of the right to water and sanitation, and for the fair and equitable use of transboundary rivers and their resources.
{"title":"Strengthening “International law of transboundary rivers” international human rights law, international criminal law and international humanitarian law. The dynamics of the right to water","authors":"Virginia Balafouta","doi":"10.12681/ayil.33037","DOIUrl":"https://doi.org/10.12681/ayil.33037","url":null,"abstract":"In the current paper, taking into account the transboundary rivers’ special importance and value, it is proposed that “International Law of Transboundary Rivers” should be established as an autonomous legal branch of International Law. Firstly, a legal framework for International Law of Transboundary Rivers is proposed, and then suggestions are made for its strengthening. It is argued that the governance of transboundary rivers is closely linked and promotes the maintenance of international peace and security, and all the other primary purposes of International Law. Moreover, the connection of International Law of Transboundary Rivers with International Human Rights Law, International Criminal Law and International Humanitarian Law is suggested. In addition, the proposed framework is linked to the Resolution A/RES/64/292 (2010) “The human right to water and sanitation”. The human right to water and sanitation, and its crucial importance are analyzed. In the context of the paper, the connection of the right to water and sanitation with several rights already enshrined: i) in the European Convention on Human Rights, ii) in the American Convention on Human Rights, and iii) in the African Charter of Human and Peoples’ Rights is attempted. This suggestion is made in order to be possible for individuals and for states to legally invoke and judicially assert this right. By the combined invocation of the right to water and sanitation with these rights, it could become possible to utilize the relevant regional human rights instruments and mechanisms, for the legal assertion of the right to water and sanitation, and for the fair and equitable use of transboundary rivers and their resources.","PeriodicalId":295983,"journal":{"name":"American Yearbook of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117029565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study analyses the case management under the Portuguese Civil Procedure Code. The theme is developed considering the main cases in which the judge should act as case manager, as well as the legal regime that this jurisdictional activity obeys.
{"title":"Case management in the portuguese civil procedure code","authors":"M. Capelo, Lucinda Maria Duarte Dias da Silva","doi":"10.12681/ayil.33044","DOIUrl":"https://doi.org/10.12681/ayil.33044","url":null,"abstract":"This study analyses the case management under the Portuguese Civil Procedure Code. The theme is developed considering the main cases in which the judge should act as case manager, as well as the legal regime that this jurisdictional activity obeys. \u0000 ","PeriodicalId":295983,"journal":{"name":"American Yearbook of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127339901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：