Showing papers in "International and Comparative Law Quarterly in 1994"
TL;DR: The legitimacy of colonial rule had by that time lapsed at home and abroad as mentioned in this paper and Progressive application of Articles 1(2) and 55 of the UN Charter soon made it an anachronism in international relations.
Abstract: INTERNATIONAL lawyers need not be reminded of the revolutionary and unclear character of self-determination. During the 1960s and 1970s we were able to contain its potentially explosive nature by applying it principally to the relationships between old European empires and their overseas colonies.' The legitimacy of colonial rule had by that time lapsed at home and abroad. Progressive application of Articles 1(2) and 55 of the UN Charter soon made it an anachronism in international relations. The
135 citations
TL;DR: A coherent legal framework for the right of self-determination in international human rights law has been proposed in this paper, which can be applied to a variety of circumstances without creating an increased threat to international security while respecting the rights and interests of all members of the international community.
Abstract: A coherent legal framework needs to be developed in order to resolve the potentially competing claims and obligations concerning the right of self-determination. The rules expounded in this framework must be able to be applied to a variety of circumstances without creating an increased threat to international peace and security while respecting the rights and interests of all members of the international community. The present approaches to the right have not provided the necessary coherent framework.The only appropriate legal framework to consider the right of self-determination which meets these demanding requirements is one based on the legal rules developed in international human rights law.
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TL;DR: In this paper, the authors address the problems of diversity of judgments on international human rights issues due to parallel systems of implementation where there is no final arbiter, and present a solution to this problem.
Abstract: Problems of diversity of judgments on international human rights issues due to parallel systems of implementation where there is no final arbiter.
40 citations
TL;DR: Concurrence with result as discussed by the authors Disagreement with reasoning, lack of access erroneous reasoning, traceable to 2004 judgment, source of confusion, not substantively resolved, Merely hidden by res judicata.
Abstract: Concurrence with result — Disagreement with reasoning — FRY lack of access erroneous reasoning — Traceable to 2004 Judgment — Source of confusion — Contradictions with 2007 not substantively resolved — Merely hidden by res judicata — Majority forced to rely on novel interpretation of Mavrommatis — New reasoning leads nowhere — Crucial element in Mavrommatis remains missing — Defect is not curable now because of loss of jurisdiction ratione materiae.
31 citations
TL;DR: There is little in the Protocol which is entirely novel and in some areas the Protocol is in fact weaker than other instruments in the Antarctic Treaty system (ATS), most notably the 1988 Minerals Convention (CRAMRA).
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TL;DR: The International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (World Bank) were forced to confront enigmatic questions of State succession concerning the continuing membership of Yugoslavia and Czechoslovakia, and the competing claims for that membership by a variety of successor States as mentioned in this paper.
Abstract: WITH the dissolution of the former Socialist Federal Republic of Yugoslavia (Yugoslavia) and the former Czech and Slovak Federal Republic (Czechoslovakia), the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (World Bank) were forced to confront enigmatic questions of State succession concerning the continuing membership of Yugoslavia and Czechoslovakia, and the competing claims for that membership by a variety of successor States. The typically intricate questions of State succession were further complicated by the international pariah status of Serbia/Montenegro, the State with the best claim to Yugoslavia's inheritance, and the combined outstanding obligations of Yugoslavia and Czechoslovakia to the financial institutions totalling over $3.5 billion. The primary questions faced by the IMF and World Bank as a result of the break-up of Yugoslavia and Czechoslovakia were:
TL;DR: The European Court of Justice has always been conscious of the costs that member States' failure to implement directives could have for the achievement of the objectives of the Treaty, and has been no less aware of the limited reach of Articles 169 to 171 as means to get directives implemented within the member States as discussed by the authors.
Abstract: THE achievement of a certain degree of legal harmony among the States of the European Community in fields such as tax law, company law, sex discrimination law, labour law, consumer law and environmental law, depends to a large extent on the adoption and implementation of directives. According to Article 189 of the EEC Treaty, these are binding upon the member States, which are under the obligation to adopt "within the framework of their national systems, all the measures necessary to ensure that the directive is fully effective, in accordance with the objectives which it pursues".' Non-implementation of a directive constitutes a serious breach of Community law (more specifically, of Articles 189 and 5 of the EEC Treaty),2 which has a substantial negative impact on the process of integration. A member State which fails to implement a directive deprives the directive of its intended result, brings into question the equality of member States under Community law by endangering the fundamental requirement of its uniform application, creates discrimination between European citizens, and impairs individual rights. The European Court of Justice has always been conscious of the costs that member States' failure to implement directives could have for the achievement of the objectives of the Treaty, and has obviously been no less aware of the limited reach of Articles 169 to 171 as means to get directives implemented within the member States. For the Court "a genuine rule of law in the European context implies binding rules which apply uniformly and which protect individual rights".3 In its search to overcome this "deficiency" of the "new legal order" it has explored various ways of maximising, through the national courts, the effectiveness of directives, so as to protect rights which they are designed to confer upon individuals. In this process the Court has woven a complex system
TL;DR: An overview of the main procedural questions relating to the nature and functioning of constitutional complaints, and the extent to which Western European experience might be used in the development of constitutional complaint mechanisms in Central and Eastern Europe can be found in this article.
Abstract: Until recently the judicial remedy of a constitutional complaint existed in very few European countries, but has now been introduced in a number of Central and Eastern European States. An increased awareness of human rights questions resulting from the abuse of State power by former regimes, combined with the room to manoeuvre provided by the radical change in the political and constitutional system, has led to the introduction or expansion of existing legal mechanisms for the protection of constitutional rights and freedoms in these countries. The following remarks are intended to give an overview of the main procedural questions relating to the nature and functioning of constitutional complaints, and to examine the extent to which Western European experience might be used in the development of constitutional complaint mechanisms in Central and Eastern Europe
TL;DR: The definition of parentage in light of artificial reproductive technology and recognition of domestic relations that do not fit within traditional notion of marriage has been examined in this article, where the authors define parentage as:
Abstract: Definition of parentage in light of artificial reproductive technology and recognition of domestic relations that do not fit within traditional notion of marriage
TL;DR: The Bundesgerichtshof (German Supreme Court) admitted the mother's claim; however, it rejected the girl's; the significant consideration in the judgment was "that in cases like the present the limits have definitely been reached and overstepped within which a legal claim is acceptable".
Abstract: ON 24 February 1977 a severely handicapped girl was born in West Germany. Her condition was due to a rubella (German measles) infection caught by her mother in the first weeks of pregnancy. The gynaecologist who had treated the mother was at fault in that he had not at the time drawn the mother's attention to the illness and its dangers. If the woman had been aware of the risks she would—and this was certain—have had an abortion performed. The doctor was faced with two claims for damages: one from the mother, claiming the extra costs for bringing up a handicapped child, and one from the child described on the basis of an American example äs a \"wrongful life\" claim.1 The claim by the girl against the doctor was for compensation of all damage she had suffered äs a result of the rubella infection. The Bundesgerichtshof (German Supreme Court) admitted the mother's claim; however, it rejected the girl's. The significant consideration in the judgment was \"that in cases like the present the limits have definitely been reached and overstepped within which a legal claim is acceptable\".2 Is it then true that here, in the case of the wrongful life claim, the limits of liability law have been reached?3