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Journal articles on the topic 'State Convention (1978 : Richmond)'

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Published: 4 June 2021

Last updated: 29 July 2025

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1

Mushkat, Roda. "Hong Kong and Succession of Treaties." International and Comparative Law Quarterly 46, no. 1 (1997): 181–201. http://dx.doi.org/10.1017/s0020589300060176.

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It is not surprising that, at a time when the world's political maps are being constantly redrawn, the subject of “State succession” features prominently in international legal discourse. By the same token, the infrequency of “waves” of transformation, the diversified modalities of change (cession, annexation, decolonisation, dissolution, secession, merger, unification) and the varying contextual circumstances have resulted in a less than coherent theoretical or practical framework for resolving issues of State succession.1 Nor can limited international attempts at “codification”—represented i

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2

Lord Lloyd-Jones. "FORTY YEARS ON: STATE IMMUNITY AND THE STATE IMMUNITY ACT 1978." International and Comparative Law Quarterly 68, no. 2 (2019): 247–69. http://dx.doi.org/10.1017/s0020589319000125.

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AbstractThis article addresses some of the changes in international law and foreign relations law which have impinged on the operation of the State Immunity Act 1978 in the first 40 years of its operation and some of the ways in which it has been supplemented by judicial decisions. It addresses, in particular, the initial need for legislation in this field, the circumstances in which agents of a State may be entitled to immunity, the relationship between State immunity in domestic law and Article 6 of the European Convention on Human Rights and Article 47 of the EU Charter of Fundamental Right

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3

Vicheva, Elena. "New Instruments for International Legal Cooperation in Criminal Matters Dating from the 1970s. Convention on the Transfer of Persons Sentenced to Deprivation of Liberty to Serve Their Sentence in the State of Their Nationality: Historical and Legal Aspects." De Jure 13, no. 2 (2022): 317–25. http://dx.doi.org/10.54664/szxi6946.

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This article outlines the history, the nature and the philosophy behind the multilateral transfer agreement signed in Berlin on 19 May 1978 between some socialist countries including Bulgaria (the Berlin Convention). The last part of the article is devoted to the evaluation of the Berlin Convention and its relevance to the present day.

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4

Dumberry, Patrick. "State Succession to Multilateral Investment Treaties and the ICSID Convention." European Investment Law and Arbitration Review 3, Issue 1 (2018): 3–19. http://dx.doi.org/10.54648/eila2018002.

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This article examines the following question: is a new successor State automatically bound by the multilateral treaties on investment promotion and protection to which the predecessor State was a party at the date of succession? The article critically assesses the continuity principle that was adopted under the 1978 Vienna Convention on succession to treaties in the context of the dissolution of a State and secession. It also examines the question of succession to the ICSID Convention, an example of a special category of multilateral treaties which create international organisations. It will b

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5

Buergenthal, Thomas. "The Advisory Practice of the Inter-American Human Rights Court." American Journal of International Law 79, no. 1 (1985): 1–27. http://dx.doi.org/10.2307/2202661.

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The American Convention on Human Rights entered into force in 1978. To date, 18 OAS member states, out of 31, have ratified it. Included among the states parties to the Convention are all the Central American Republics as well as Panama, Mexico, the Dominican Republic and Haiti. The five Andean Pact nations have ratified, as have Jamaica, Barbados and Grenada. Argentina is the latest state to become a party; it did so on September 5, 1984, and thus became the first and, to date, only Southern Cone country to do so. The others—Chile, Paraguay and Uruguay—have not ratified; nor have Brazil, the

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Warbrick, Colin, Dominic McGoldrick, and Eileen Denza. "II. Ex parte Pinochet: Lacuna or Leap?" International and Comparative Law Quarterly 48, no. 4 (1999): 949–58. http://dx.doi.org/10.1017/s0020589300063776.

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The Lords were not lost in admiration of section 20 of the State Immunity Act 1978. Lord Browne-Wilkinson described it as “strange” and “baffling”. It is certainly true that (as Lord Browne-Wilkinson continued) “Parliament cannot have intended to give heads of state and former heads of state greater rights than they already enjoyed under international law”.1 Nor was it intended that their rights should be inadvertently curtailed. The State Immunity Bill originally introduced into the House of Lords in 1977 would, by reflecting in UK statute law the European Convention on State Immunity2 make h

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Sahatjian, Laurie Crick. "Marpol—An Adequate Regime? A Questioning Look At Port and Coastal State Enforcement." International Oil Spill Conference Proceedings 1999, no. 1 (1999): 715–20. http://dx.doi.org/10.7901/2169-3358-1999-1-715.

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ABSTRACT The Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL 73/78), was adopted to “achieve the complete elimination of intentional pollution of the marine environment by oil … and the minimization of accidental discharge of [oil].” Parties to MARPOL believed this goal could best be achieved by the adoption of an international regime with specific operational and structural requirements for vessels and a comprehensive scheme for the detection and enforcement of violations. MARPOL, together with the United Nations Convention on

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8

Garkusha-Bozhko, Sergei Yu. "On the question of the state succession legality." Vestnik of Saint Petersburg University. Law 13, no. 3 (2022): 696–711. http://dx.doi.org/10.21638/spbu14.2022.307.

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On December 10, 2019, the Constitutional Court of the Russian Federation issued Decision № 39-P, and in his opinion, judge Aranovskii described the USSR as an “illegitimately established state” and called for Russia not to be considered the legal successor of the USSR. Thus, judge Aranovskii touched upon the sphere of State succession, the regulation of which is related to international law and not to constitutional law. In particular, Aranovskii raised such problems as the legality of succession. Relevant provisions on legality are also included in existing international treaties on the succe

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9

AĆIĆ, MARKO, and MILOŠ GRUJIĆ. "Implementation of the Agreement on the succession of the former SFRY." Acta Politica Polonica 58 (2024): 5–18. https://doi.org/10.18276/ap.2024.58-01.

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Summary:The process of state succession, according to the rules of classical international law and the dominant theory of universal succession taken from Roman law, is inconsistent due to the sources of international law that regulate it. To standardize the practice of dealing with predecessor states and successor states in cases of succession, two international conventions were adopted: the Convention on the Succession of States concerning international treaties in 1978 and the Convention on the Succession of States concerning state property, archives, and debts in 1983. Although the former c

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10

Nida'a Nader Qumsieh, Nida'a Nader Qumsieh. "Interpretation of Boundaries Treaties in the Light of General Principles of International Boundaries: تفسير المعاهدات الحدودية في ضوء المبادئ العامة للحدود الدولية". مجلة العلوم الإقتصادية و الإدارية و القانونية 5, № 20 (2021): 45–23. http://dx.doi.org/10.26389/ajsrp.d090621.

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This paper sheds the light on the general rules for interpretation of intentional treaties, and the scope of their application on boundaries treaties. It shows the reflection of stability and finality of boundaries and subsequent conduct principles, as well as rules of equity on interpretation of boundaries treaties. This study also makes good explanation on the legal nature of boundaries treaties, and how this nature was a reason for excluding boundaries treaties from the application of fundamental change of circumstance term, and excluding boundaries treaties form application of Vienna rules

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11

Fattal, Raghid Abdul-Hamid. "Le concept du contrat du transport maritime de marchandises et les Conventions qui le rglementent." مجلة الحقوق 41, no. 3 (2024): 1–34. http://dx.doi.org/10.34120/jol.v41i3.3235.

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Somalian Piracy constitutes one of the main threats not only to internAlthough the contract of carriage sometimes looks similar to other contracts such as the contract of affreightment and tonnage contract, the legal system that governs it is different. Several Conventions, Protocols or International Rules regulate the carriage of goods. We can mention the American Harter Act, the International Convention for the Unification of Certain Rules Relating to Bills of Lading signed at Brussels on 25 August 1924 (The Hague Rules), the Protocol to Amend the International Convention for the Unification

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Saravanan, Azhaham Perumal Perumal, and Subramanian Ramamurthy Subramanian. "TRANSPARENCY AND CONFIDENTIALITY REQUIREMENTS IN INVESTMENT TREATY ARBITRATION." BRICS Law Journal 5, no. 4 (2018): 114–38. http://dx.doi.org/10.21684/2412-2343-2018-5-4-114-138.

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he values of confidentiality and transparency are often invoked in the theory and practice of investment treaty arbitration. Transparency is considered to be one of the key aspects of good governance and corporate social responsibility. It includes the obligation of the host state to publish all the legal rules, regulations and other statutory requirements affecting investors. Confidentiality is considered the hallmark and unique feature of arbitration as a dispute resolution mechanism. However, it is difficult to balance these two values, in principle due to the difference in the various inve

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13

Pitts, Bryan. "The Audacity to Strong-Arm the Generals: Paulo Maluf and the 1978 São Paulo Gubernatorial Contest." Hispanic American Historical Review 92, no. 3 (2012): 471–505. http://dx.doi.org/10.1215/00182168-1600297.

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Abstract In 1978, as striking metalworkers, students, and a revitalized political opposition challenged the Brazilian military regime from without, a stunning rebellion by the regime’s civilian allies in São Paulo undermined it from within. Dealing the regime a shocking political defeat, the delegates to the regime-allied political party’s state convention rejected the generals’ anointed gubernatorial candidate and narrowly nominated the rebel Paulo Maluf, who would go on to be confirmed by a manipulated electoral college. Although Maluf and the delegates did not challenge the regime on ideolo

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Dimitrijevic, Dusko. "The succession of international treaties in contemporary practice." Medjunarodni problemi 64, no. 2 (2012): 144–79. http://dx.doi.org/10.2298/medjp1202144d.

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Succession of states is a process of substitution of state subjects concerning responsibility of international legal relations of the territory to which the succession relates to. No general rules and unwillingness of states to apply particular rules on succession often caused extreme difficulties in the past in analyzing the succession of treaty rights and obligations. As a totally incomplete system that would serve to regulate all problems caused by the change of the state territorial sovereignty in time the law of succession has manifested a tendency towards ?adjustment? of customary rules

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15

Dumberry, Patrick. "State Succession to BITs in the Context of the Transfer of Territory of Macao to China: Lessons Learned from the Sanum Saga." Journal of International Arbitration 35, Issue 3 (2018): 329–56. http://dx.doi.org/10.54648/joia2018018.

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This article examines the Sanum award and two decisions of Singapore courts dealing with the question of whether the China-Laos bilateral investment treaties (BIT) extended to Macao after the cession of this territory to China in 1999. The award and the decisions provide the first comprehensive analysis regarding the question of state succession to BITs. The article examines how these decisions have analysed the ‘moving treaty frontiers’ principle and the different exceptions set out under Article 15 of the 1978 Vienna Convention on Succession of States to Treaties in the specific and unique c

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Aura y Larios de Medrano, Adela M. "STATE SUCCESSION AND INTERNATIONAL WATERCOURSES: THE ROLE OF THE 1978 VIENNA CONVENTION AND THE CASE OF GABČÍKOVO-NAGYMAROS PROJECT COULD PLAY." Spanish Yearbook of International Lawi 22 (December 31, 2018): 117–26. http://dx.doi.org/10.17103/sybil.22.6.

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17

Dimitrijević, Duško. "Codification and progressive development of rules on succession of states in respect of state responsibility." Revija Kopaonicke skole prirodnog prava 5, no. 1 (2023): 71–114. http://dx.doi.org/10.5937/rkspp2301071d.

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The topic of state responsibility was the main focus of the codification work of the International Law Commission as an auxiliary body of the United Nations General Assembly for almost half a century, and in the final phase of that work, in 2001, it resulted in the adoption of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts. As this codification act did not contain provisions on the succession of state responsibility, at the session of the Commission held in 2017, it was decided to include the topic: "Succession of States in respect of State responsibility"

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Huelmo, Clàudia Baró. "Is Kazakhstan a State Successor to the USSR? A Perspective from Investment Treaty Arbitration." ASA Bulletin 36, Issue 2 (2018): 295–313. http://dx.doi.org/10.54648/asab2018027.

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In its decision on jurisdiction, the arbitral tribunal in World Wide Minerals v. Republic of Kazakhstan held that Kazakhstan succeeded to the obligations of the Soviet Union with regards to its 1989 Agreement with Canada on the Promotion and Reciprocal Protection of Investments. The aim of this article is to examine the potential legal reasoning by which the arbitral tribunal reached this conclusion. In order to do so, the rules of State succession, as partly codified in the 1978 Vienna Convention on Succession of States in respect of Treaties, are considered. Taking special note of the partic

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Flere, Sergej. "Ideological conflicts in Slovenia over religious issues." Filozofija i drustvo 25, no. 2 (2014): 81–93. http://dx.doi.org/10.2298/fid1402081f.

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Since attaining independence, Latin pattern (Martin, 1978) disputes and conflicts have characterized the Slovenian political scene, particularly as to relations between the state and religious communities. Slovenia adopted a law on the issue only in 2006, availing itself of the law from the 1970s. The 2007 Religious Freedom Act contained many privileges for the dominant Roman Catholic Church, including those of a symbolic nature and those of an economic one. The Constitutional Court declared the Act unconstitutional and void, departing from the European Convention of Human Rights and the case

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20

DUMBERRY, PATRICK. "State Succession to Bilateral Treaties: A Few Observations on the Incoherent and Unjustifiable Solution Adopted for Secession and Dissolution of States under the 1978 Vienna Convention." Leiden Journal of International Law 28, no. 1 (2015): 13–30. http://dx.doi.org/10.1017/s092215651400051x.

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AbstractThis article examines the question of state succession to bilateral treaties. It analyses the work of the International Law Commission undertaken in the 1970s and criticizes the solutions it has adopted in the 1978 Vienna Convention on Succession of States in Respect of Treaties for different types of state succession. I will argue that it is incoherent for the ILC to apply, on the one hand, the solution of automatic continuity for bilateral treaties in the context of secession and dissolution of states, while adopting, on the other hand, the solution of tabula rasa for Newly Independe

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Farand, André. "L’apport du Canada en matière de responsabilité internationale pour les dommages d’origine spatiale : l’Affaire du satellite Cosmos 954." Études internationales 11, no. 3 (2005): 467–87. http://dx.doi.org/10.7202/701075ar.

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The nuclear satellite Cosmos 954 was launched by the Soviet Union in September 1977. Due to some difficulties in functioning, Cosmos 954 made an unscheduled return to earth and its debris scattered over a large portion of Canadian territory on January 24, 1978. The Canadian government, informed that the satellite had radioactive material on board, immediately began urgent operations to reduce the actual damage and to return the territory affected to its normal condition. Considering that the costs incurred during the operations should be claimed from the Soviet Union, the Government of Canada

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22

Charlebois, Patricia. "THE ROLE OF INTERNATIONAL INSTRUMENTS IN ADDRESSING PREVENTION, PREPAREDNESS AND RESPONSE TO OIL POLLUTION AND THE EXTENSION OF THESE TO ADDRESS THE CHALLENGE OF HAZARDOUS AND Noxious Substances (HNS)." International Oil Spill Conference Proceedings 2008, no. 1 (2008): 73–76. http://dx.doi.org/10.7901/2169-3358-2008-1-73.

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ABSTRACT As knowledge, policies and infrastructure related to marine oil spill prevention, preparedness and response have continued to evolve and are now considered to have reached a state of relative maturity; attention has more recently turned to developing systems to address spills of hazardous and noxious substances (HNS) in the marine environment. The International Maritime Organization (IMO), as the specialized agency of the United Nations with a global mandate for the protection of the marine environment from pollution caused by shipping, discharges its commitment to protecting the mari

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Reine-Vītiņa, Agnese. "Personas datu aizsardzības mērķis un tiesiskā regulējuma vēsturiskā attīstība." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 1, no. 13 (2019): 104–9. http://dx.doi.org/10.25143/socr.13.2019.1.104-109.

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Mūsdienās tiesības uz privāto dzīvi nepieciešamas ikvienā demokrātiskā sabiedrībā, un šo tiesību iekļaušana konstitūcijā juridiski garantē fiziskas personas rīcības brīvību un vienlaikus arī citu – valsts pamatlikumā noteikto – cilvēka tiesību īstenošanu [5]. Personas datu aizsardzības institūts tika izveidots, izpratnes par tiesību uz personas privātās dzīves neaizskaramību saturu paplašinot 20. gadsimta 70. gados, kad vairāku Eiropas valstu valdības uzsāka informācijas apstrādes projektus, piemēram, tautas skaitīšanu u. c. Informācijas tehnoloģiju attīstība ļāva arvien vairāk informācijas pa

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Lindkvist, Linde. "1979: a Year of the Child, but Not of Children’s Human Rights." Diplomatica 1, no. 2 (2019): 202–20. http://dx.doi.org/10.1163/25891774-00102004.

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This article explores the diplomatic contestations over children’s rights in connection to the International Year of the Child (iyc) of 1979. At the time, the Year was celebrated as an outstanding success, an event which helped to heighten social and political awareness of the status of children in both developing and industrialized countries, and which brought to light a plethora of new global issues, including street children, children with disabilities and children in armed conflict. Today, the iyc is frequently reduced to a plotting point in histories charting the rise of an international

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Tushak, Andriy, Oleksandr Оrlov, and Oleh Zhukovskyi. "Regeneration of Rhododendron luteum Sweet (Ericaceae) undergrowth after main clear cuttings in Ukrainian Polissia." Studia Biologica 19, no. 1 (2025): 115–36. https://doi.org/10.30970/sbi.1901.818.

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Background. The yellow azalea (Rhododendron luteum Sweet) is a relict species, fragmentally distributed in Ukraine, particularly in the Zhytomyr Polissia, covering an area of approximately 62.000 ha. The central part of the species’ subrange is located in the Korosten’ district of Zhytomyr region, where it forms an understory with a canopy closure of 0.8–0.9 (up to 1.0) in the moist fairly infertile oak-pine site type (B3) and moist fairly fertile oak-pine site type (C3). These forest communities are rare and have been included in the Green Book of Ukraine (2009). Additionally, the species is

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Nagieva, A. A., and A. E. Samadova. "The history of the formation and development of the institution of diplomatic immunities and privileges in the United States." Law Enforcement Review 7, no. 2 (2023): 16–26. http://dx.doi.org/10.52468/2542-1514.2023.7(2).16-26.

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The subject of study. Throughout the historical period of the development of diplomatic law, an institution of immunities and privileges was formed, the content and scope of which were determined by the level of diplomatic relations between states and the development of public administration.The rules of national law also have a significant impact on the procedure for exercising dip- lomatic immunities and privileges. Many states have adopted legal acts regulating the foun- dations of the diplomatic service. For example, in the United States, after joining the Vienna Convention on Diplomatic R

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Heatubun, Alowisya Natalia, Arman Anwar, and Josina Augustina Yvonne Wattimena. "Pengaturan Hukum Laut Internasional Terhadap Tabrakan Kapal Yang Di Sengajakan." TATOHI: Jurnal Ilmu Hukum 3, no. 11 (2024): 1055. http://dx.doi.org/10.47268/tatohi.v3i11.2098.

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Introduction: Indonesia is an archipelagic country that has a very wide coastline and sea in the world and is rich in marine resources that must be protected, however, its strategic location and busy shipping by foreign ships makes Indonesia also an international shipping lane which is prone to ship accidents. . One of the causes of ship accidents is human error.Purposes of the Research: This writing aims to examine and find out the arrangements regarding the prohibition of intentionally crashing ships based on international law provisions, examine and find out the forms of state responsibilit

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Purwendah, Elly Kristiani. "KEGAGALAN KLAIM DANA RFC OLEH INDONESIA DALAM KASUS PENCEMARAN MINYAK KAPAL TANKER LINTAS BATAS NEGARA DI PANTAI NONGSA, BATAM." Bina Hukum Lingkungan 6, no. 2 (2022): 297–316. http://dx.doi.org/10.24970/bhl.v6i2.260.

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ABSTRAKPeta Kebijakan Kelautan Indonesia menuju Poros Maritim Dunia tertuang dalam 7 (tujuh) pilar kebijakan, salah satunya adalah Pengelolaan Ruang Laut dan Perlindungan Lingkungan Laut, yang dijabarkan lebih lanjut dalam 76 (tujuh puluh enam) Kebijakan Utama dimana pada kebijakan kelima terdapat 6 (enam) strategi Perlindungan Lingkungan Laut. Namun, sangat disayangkan dalam penerapannnya pada kasus pencemaran minyak yang terjadi di Pantai Nongsa Batam masih mengalami gagal klaim ganti rugi dana Revolving Fund Comitte (RFC) yang merupakan sebuah dana Bersama yang bersumber dari Memorandum of

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Chakraborty, Parama. "Identity as a Legal Concept & Economic Identity." Inverge Journal of Social Sciences 2, no. 2 (2023): 134–45. https://doi.org/10.63544/ijss.v2i2.33.

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Identity is a multifaceted concept with various meanings and interpretations. In a legal context, identity refers to the characteristics and attributes that define an individual or entity, which are recognized and regulated by law. Identity is a crucial legal concept because it determines an individual's rights, privileges, and obligations under the law. Legal identity is created through the process of identification, which involves providing evidence of one's personal attributes, such as name, age, and nationality, to establish legal recognition. Identity documents, such as passports and birt

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Golub, O. Y. "History of international legal regulation of remote sensing of the earth from space for peaceful purposes." Uzhhorod National University Herald. Series: Law 4, no. 88 (2025): 42–52. https://doi.org/10.24144/2307-3322.2025.88.4.6.

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The modern development of society is inextricably linked to access to information about its existence: recent discoveries, the current state of objects or spaces, existing threats, etc. For this reason, humanity is constantly searching for new means to ensure access to information. One of the most influential informational tools today is remote sensing of the Earth from space. In this regard, there is a need to study the legal framework for this tool at all levels of legal regulation. This paper is dedicated to the international legal regulation of this phenomenon for the peaceful needs of hum

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Adjei, Justice Sir Dennis. "Freedom of Expression and its Legal Consequences in the Era of Social Media." Amicus Curiae 5, no. 3 (2024): 564–91. http://dx.doi.org/10.14296/ac.v5i3.5712.

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Freedom of expression has become a household phrase, but its meaning is deeper than first appears, as found in some international instruments and national laws. The Universal Declaration of Human Rights, the first human rights instrument adopted by the United Nations (UN) General Assembly Resolution in Paris on 10 December 1948 to abate human rights violations and atrocities after the Second World War, addressed freedom of expression as one of the touchstones of democracy. Presently, all 192 member states of the United Nations have signed up to it, by virtue of the other UN treaties they have

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Bashonga, Bishobibiri Alexis Eric Sande2 Charles Kahindo Gaspard Ntakimazi. "Water Bird Species to protect in the Ruzizi Delta, Great Lakes Region, in Burundi and the Democratic Republic of Congo." Biolife 11, no. 3 (2023): 28–38. https://doi.org/10.5281/zenodo.8270658.

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<strong>ABSTRACT</strong> The water bird species to be protected in the Ruzizi Delta in Burundi and in the Democratic Republic of Congo (DRC) was investigated from April 2019 until August 2021 in five sites in the Rusizi Burundian Delta (RBD) and five sites in the Ruzizi Congolese Delta (RCD). Each site was visited three times a year during the years 2019, 2020 and 2021. The investigation was conducted by direct observation on transects, counting points and on bird species recognition routes using binoculars and two telescopes. Displacements were done by the motorized fiberglass boat and the d

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Bashonga, Bishobibiri Alexis, Sande Eric, Ntakimazi Gaspard, and Kahindo Charles. "Bird Ecology in the Ruzizi Delta, Northern End of Lake Tanganyika in Burundi and in the Democratic Republic of Congo." Biolife 11, no. 1 (2023): 12–20. https://doi.org/10.5281/zenodo.7686228.

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<strong>Abstract</strong> Bird ecology in the Ruzizi Delta was investigated during the months of April, July and October 2019-2021. Three species of water birds were the most prominent, the Cattle Egret (Ardeidae), Bubulcus ibis (Linnaeus, 1758) «Héron garde boeufs», the Black Crake (Rallidae) Amaurornis flavirostris (Swainson, 1837) «Râle à bec jaune» and the Africana Jacana (Jacanidae) Actophilornis africanus (Gmelin, 1789) «Jacana a poitrine dorée». The objective pursued by the research is the sustainable conservation of birds b

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"Infrastructure Services Luxembourg S.à.r.l. and Energia Termosolar BV v. Kingdom of Spain." International Law Reports 208 (2024): 624–98. https://doi.org/10.1017/ilr.2024.40.

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624Arbitration — Arbitration award — International Centre for Settlement of Investment Disputes — International Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 (“ICSID Convention”) — Article 54 — Meaning of prior written agreement — Arbitration (International Investment Disputes) Act 1966 — Recognition and enforcement of award — State Immunity Act 1978 — Section 9 — Exceptions to sovereign immunity — Enforcement of international arbitration award — Whether Spain having sovereign immunity for proceedings to enforce international arbitral aw

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"General Dynamics United Kingdom Ltd v. State of Libya." International Law Reports 201 (2023): 535–638. http://dx.doi.org/10.1017/ilr.2022.58.

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535Arbitration — Arbitral Tribunal of International Chamber of Commerce — Arbitral award — Damages — Failure to pay amount awarded — Enforcement proceedings — United Kingdom — Arbitration Act 1996 — Service of proceedings commenced in accordance with Arbitration Act 1996 — Whether service of proceedings must comply with State Immunity Act 1978 — Difficulty effecting service on defendant StateComity — Comity of nations as an interpretative principle — Subjecting State to jurisdiction of the courts of another State — Procedure for service — State Immunity Act 1978 — Obligations of States in the

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"Benkharbouche v. Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and Others intervening)." International Law Reports 180 (2019): 575–677. http://dx.doi.org/10.1017/9781108562454.018.

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State immunity — Jurisdictional immunity — Embassy employment disputes — Domestic staff — Claims for infringement of employment rights — Whether claims barred by State immunity — State Immunity Act 1978 (“SIA”), Section 1 — Exceptions to immunity — Limitations to exceptions — Section 16(1)(a) of SIA — Section 4(2)(b) of SIA — Scope of immunity — Absolute immunity — Restrictive immunity — Whether starting point absolute or restrictive immunity — Distinction between jure gestionis and jure imperii — Customary international law — Whether rule of customary international law justifying Sections 4(2

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"UK P&I Club N.V. and Another v. República Bolivariana de Venezuela." International Law Reports 203 (2023): 685–722. http://dx.doi.org/10.1017/ilr.2023.15.

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685Arbitration — Contract of insurance — Arbitration clause — Whether arbitration clause in contract of insurance binds third party State seeking compensation for loss and damageComity — Respect for courts and tribunals of other jurisdictions — Contract of insurance — Exclusive jurisdiction clause — Arbitration clause — Third party State seeking to enforce contract of insurance — Requirement of comityHuman rights — Right to fair trial — Right of access to court — European Convention on Human Rights, 1950, Article 6 — State immunity — State Immunity Act 1978 — Section 13 — Immunity from injunct

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"Border Timbers Ltd and Hangani Development Co. (Private) Ltd v. Republic of Zimbabwe." International Law Reports 208 (2024): 699–740. https://doi.org/10.1017/ilr.2024.41.

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699Relationship of international law and municipal law — Treaties — Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — Arbitration award by International Centre for Settlement of Investment Disputes tribunal — Application for annulment dismissed by ad hoc committee — Application for recognition and enforcement in national court — Whether State immunity engaged — Whether national court entitled to examine whether tribunal had jurisdiction — Whether there being distinction between recognition, enforcement and executionState immunit

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Prof., 'Deji Olanrewaju (PhD FCIB), and Adeyemi Oyedele (LLB BL LLM) Omodele. "The Socio-Political, Economical and Legal View of Abuse of Diplomatic Privileges and Immunities in Nigeria and the United States of America." March 31, 2022. https://doi.org/10.5281/zenodo.6464407.

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Diplomatic privileges and immunities are used to describe the protection a local jurisdiction offers a representative of a sending national government for serving in various capacities within the territory of the receiving state. The Vienna Convention on Diplomatic Relations, 1961 made it clear that it is the responsibility of all persons privileged to enjoy these rights to give maximum respect to the guiding laws and regulations of the host state. There are many instances where immunities and privileges were abused. This paper analysed socio-political, economical and legal view of abuses of d

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Ntola, Siqhamo Yamkela, Dire Tladi, and Harro von Blottnitz. "The Enforcement of Pollution Prevention Measures in a Jointly Claimed Extended Continental Shelf: Examining Mauritius and Seychelles’ Treaty Framework in the Mascarene Plateau." Comparative and International Law Journal of Southern Africa 57, no. 3 (2024). https://doi.org/10.25159/2522-3062/13779.

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This article examines the extent to which Mauritius and Seychelles’ treaty framework in the Mascarene Plateau region is adequate for enabling them to enforce pollution prevention measures on vessels flying their respective flags as coastal states or vessels flying the flag of another state. The examination is undertaken in light of a coastal state’s duty to protect and preserve the marine environment from seabed activities subject to national jurisdiction as provided in the 1982 United Nations Convention on the Law of the Sea (LOSC). In this regard, discussions on the LOSC concern pollution pr

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Charvi, Singh, and Arora Harshitaa. "Legal Services to Mentally ill and Mentally Disabled: A Critical Analysis of The Government Schemes." July 6, 2022. https://doi.org/10.5281/zenodo.6802518.

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  Persons with disabilities, particularly those suffering from mental illness or who are intellectually retarded, are marginalized, and the study focused on the individual who need special protection from the state and, more significantly, society. The Mental Health Act of 1987 and the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities Act of 1999 are two pieces of legislation. India is also a signatory to the UN Agreement on the Rights of Persons with Disabilities (CRPD) and one of the countries that has ratified the conve

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Page, John. "Counterculture, Property, Place, and Time: Nimbin, 1973." M/C Journal 17, no. 6 (2014). http://dx.doi.org/10.5204/mcj.900.

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Property as both an idea and a practice has been interpreted through the prism of a liberal, law and economics paradigm since at least the 18th century. This dominant (and domineering) perspective stresses the primacy of individualism, the power of exclusion, and the values of private commodity. By contrast, concepts of property that evolved out of the counterculture of the 1960s and early 1970s challenged this hegemony. Countercultural, or Aquarian, ideas of property stressed pre-liberal, long forgotten property norms such as sociability, community, inclusion and personhood, and contested a p

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Bianchino, Giacomo. "Afterwork and Overtime: The Social Reproduction of Human Capital." M/C Journal 22, no. 6 (2019). http://dx.doi.org/10.5204/mcj.1611.

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In the heady expansion of capital’s productive capacity during the post-war period, E.P. Thompson wondered optimistically at potentials accruing to humanity by accelerating automation. He asked, “If we are to have enlarged leisure, in an automated future, the problem is not ‘how are men going to be able to consume all these additional time-units of leisure?’ but ‘what will be the capacity for experience of the men who have this undirected time to live?’” (Thompson 36). Indeed, linear and economistic variants of Marxian materialism have long emphasised that the socialisation of production by th

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Howell, Katherine. "The Suspicious Figure of the Female Forensic Pathologist Investigator in Crime Fiction." M/C Journal 15, no. 1 (2011). http://dx.doi.org/10.5204/mcj.454.

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Over the last two decades the female forensic pathologist investigator has become a prominent figure in crime fiction. Her presence causes suspicion on a number of levels in the narrative and this article will examine the reasons for that suspicion and the manner in which it is presented in two texts: Patricia Cornwell’s Postmortem and Tess Gerritsen’s The Sinner. Cornwell and Gerritsen are North American crime writers whose series of novels both feature female forensic pathologists who are deeply involved in homicide investigation. Cornwell’s protagonist is Dr Kay Scarpetta, then-Chief Medica

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Goggin, Gerard, and Christopher Newell. "Fame and Disability." M/C Journal 7, no. 5 (2004). http://dx.doi.org/10.5204/mcj.2404.

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When we think of disability today in the Western world, Christopher Reeve most likely comes to mind. A film star who captured people’s imagination as Superman, Reeve was already a celebrity before he took the fall that would lead to his new position in the fame game: the role of super-crip. As a person with acquired quadriplegia, Christopher Reeve has become both the epitome of disability in Western culture — the powerful cultural myth of disability as tragedy and catastrophe — and, in an intimately related way, the icon for the high-technology quest for cure. The case of Reeve is fascinating,

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Sears, Cornelia, and Jessica Johnston. "Wasted Whiteness: The Racial Politics of the Stoner Film." M/C Journal 13, no. 4 (2010). http://dx.doi.org/10.5204/mcj.267.

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We take as our subject what many would deem a waste of good celluloid: the degraded cultural form of the stoner film. Stoner films plot the experiences of the wasted (those intoxicated on marijuana) as they exhibit wastefulness—excessiveness, improvidence, decay—on a number of fronts. Stoners waste time in constantly hunting for pot and in failing to pursue more productive activity whilst wasted. Stoners waste their minds, both literally, if we believe contested studies that indicate marijuana smoking kills brains cells, and figuratively, in rendering themselves cognitively impaired. Stoners w

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Stewart, Jon. "Oh Blessed Holy Caffeine Tree: Coffee in Popular Music." M/C Journal 15, no. 2 (2012). http://dx.doi.org/10.5204/mcj.462.

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Introduction This paper offers a survey of familiar popular music performers and songwriters who reference coffee in their work. It examines three areas of discourse: the psychoactive effects of caffeine, coffee and courtship rituals, and the politics of coffee consumption. I claim that coffee carries a cultural and musicological significance comparable to that of the chemical stimulants and consumer goods more readily associated with popular music. Songs about coffee may not be as potent as those featuring drugs and alcohol (Primack; Schapiro), or as common as those referencing commodities li

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Bowers, Olivia, and Mifrah Hayath. "Cultural Relativity and Acceptance of Embryonic Stem Cell Research." Voices in Bioethics 10 (May 16, 2024). http://dx.doi.org/10.52214/vib.v10i.12685.

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Photo ID 158378414 © Eduard Muzhevskyi | Dreamstime.com ABSTRACT There is a debate about the ethical implications of using human embryos in stem cell research, which can be influenced by cultural, moral, and social values. This paper argues for an adaptable framework to accommodate diverse cultural and religious perspectives. By using an adaptive ethics model, research protections can reflect various populations and foster growth in stem cell research possibilities. INTRODUCTION Stem cell research combines biology, medicine, and technology, promising to alter health care and the understanding

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