State Immunity

In the framework of International Law, investigations into the misuse of diplomatic immunity reveal that Military Attachés (MAs) and Defence Attachés (DAs) from some states have engaged in activities exceeding their functions, yet have not been subjected to sanctions. In recent years, states have resorted to declaring at least 30 such attachés persona non grata, either individually or in groups. This study aims to explore the circumstances under which diplomatic immunity privileges are abused by MAs and DAs, analysing the threshold at which they become persona non grata and assessing their applicability in these cases. The analysis draws extensively on Articles 41 and 9 of the 1961 Vienna Convention on Diplomatic Relations, the foundational legal framework governing diplomatic privileges and immunities, as well as the Principles of Public International Law. This academic research Article strives to elucidate the complex interplay between diplomatic immunity and the designation of persona non grata within international relations. It examines the legal protections afforded to diplomats, the circumstances under which these privileges may be waived or revoked, and the implications for state sovereignty and diplomatic practice.

The Article also goes further to substantiate on the various juridical, diplomatic and political consequences that can result or be incurred on or by Military and or Defence Attachés, when they spy and or target dissidents, political activists, human rights defenders, 1951 Geneva Convention protected persons, opponents and critics of the government of their sending state, who are living in the receiving state. Furthermore, the Article examines the interplay between persona non grata declarations and the enforcement of international legal standards, highlighting their impact on diplomatic relations and state sovereignty. The legal scholar goes further to make recommendations and proposals for strengthening the protection of diplomatic agents and enhancing accountability mechanisms to address violations of diplomatic immunity.

This is a study material intended to be used as supplementary material classes and It is prepared for the sole purpose of guiding the students
However, it is stressed that this material is not meant to be used as a replacement for textbooks or commentaries on the subject.

R e s u m o : A imunidade dos g o v e r n a n t e s é u m preceito b e m assente no Direito Internacional, em q u e pesem a incerteza das suas fontes n o r m a t i v a s e as m u d a n ç a s ocorridas e m sua f u n d a m e n t a ç ã o . A imunidade tem por objetivo proteger o livre exercício da f u n ç ã o de governante n o interesse do Estado por ele dirigido. Todavia, essa regra clássica d o Direito Internacional tem sido posta e m causa pela tendência c o n t e m p o r â n e a de c o m b a t e à i m p u n i d a d e e m matéria de crime internacional.

In Jam v. International Finance Corp., the U.S. Supreme Court held that the International Organizations Immunities Act of 1945 (IOIA) affords international organizations (IOs) the same immunity from suit in U.S. courts that foreign governments currently enjoy under the Foreign Sovereign Immunities Act of 1976 (FSIA), which codifies the restrictive theory of foreign sovereign immunity. The International Finance Corporation (IFC) had argued that the IOIA, which grants international organizations the “‘same immunity’ from suit … ‘as is enjoyed by foreign governments’” (p. 15), should be understood to provide international organizations with absolute immunity, which it argued foreign governments enjoyed prior to the United States’ explicit adoption of the restrictive theory in 1952. Under the restrictive theory, a foreign state is immune from suit for its sovereign acts (acta jure imperii), but not for its commercial acts (acta jure gestionis). By interpreting language in the IOIA as gr...

The work annotates the Constitutional Court Ruling of 21 July 2023 no. 159/2023 and was published in the scientific Journal La Comunita Internazionale (SIOI) The Italian Constitutional Court addressed a constitutionality ruling on the Ristori Fund following an incidental ruling by the Court of Rome in the proceedings for damages against the Federal Republic of Germany for nazi crimes in Italy during the second World War  .

dell'ordinamento internazionale 52 3. II ruolo dominante dell'accordo nel diritto intcrnazionalc 54 4. La guerra come mezzo per assicurare il ricambio delle norme internazionali 55 5. Il rapporto fra il divieto della guerra e la creazione di altri metodi di risoluzione dei conflitti 57 6. I procedimenti pacifici di soluzione delle controversie diretti a facilitare I'accordo 5L) 7. Il rrcambio delle normc internazionali fondato su fatti divcr- si dall'accordo 61, 7.1. Espedienti per far cessare le norme vigenti: clausole di estinzione dei trattati 62 T.2.Espedienti per creare nuove norme o modificare le norme vigenti: a) atti di Unioni di Stati 62 7.3. Segue: b) fatti giuridici di "orBani>> internazionali 64 8. Epilogo: quasi un secolo di profonda trasformazione del di- ritto internazionale 66 Il contesto della prolusione: Morelli e gli internazionali- sti itdlidni dell' epo ca di Giulio Bartolini 1. Introduzione 2. Il panorama dottrinale aghinizi del Secolo XX 3. Dionisio Anzilotti e l'approccio metodologico del diritto po- sitivo 75 9 69 71 @ Edizioni Scientifiche Italiane ISBN 978-88 -495 -5164 -8 La prolusione di Morelli fra tradrzione e modernità Souuanro: 1. Premessa. -2. La necessità di rinnovamenro dell'ordinamento internazionale. -3. Il ruolo dominante dell'accordo nel diritto inLernazionale. -4.La guerra come mezzo per assicurare il ricambio delle norme internazionali. -5. Il rapporto fra il divieto della guerra eIa creazione di altri metodi di risoluzione dei conflitti. -6. I procedimenti pacifici di soluzione delle controversie diretti a facilitare l'accordo. -7.Il ricambio delle norme internazionali fondato su fatti diversi dall'accor do. -7 .L Espedienti per far cessare le norme vigenti: clausole di estinzione dei ffattatl -7.2. Espedienti per creare nuove norme o modificare le norme vigenti: a) atti di Unioni di Stati. -7.3. Segue: b) fatti giuridici di "organi, internazionali. -8. Epilogo: quasi un secolo di profonda trasformazione del diritto internazionale. Sono trascorsi quasi novanta anni dalla data dell a Prolwsione dr Morelli (1935) a oggi; ed è chiaro che in essa vi sono molti aspetri legati a quel periodo storico di evoluzione del diritto internazio- nale, alle concezioni teoriche allora prevalenti e anche al particolare metodo di analisi dell'illustre aurore. Quanto al primo punto, è sufficiente ricordare che, in quell'e- poca, solo gli Stati erano soggetti del diritto internazronale, che il contenuto e la funzione di tale diritto erano assai piri limitati rispetto a quelli dell'epoca attuale, e che non si era ancora affermato il divieto dell'uso della forza tnternazionale. Con riguardo alle concezioni teoriche della dottrina interna- zionalistica, era dominante il positivismo ed era forte f influenza del normativismo kelseniano. Le idee di Morelli sul fondamenro giuridico e il metodo di analisi del diritto internazionale si pone- vano in continuità specie con Kelsen e con Perassi. Con il primo,

The article aimed to find ways to restrict Russia’s right to State immunity legitimately. However, the study of international legal acts and national legislation of Ukraine using the methods of systematic analysis and formal legal and comparative legal methods proved the difficulty in solving this task. Thus, in Russia’s aggression against Ukraine, the latter is not obliged to comply with the doctrine of State immunity to Russia. This is due to economic and social expediency, the principle of mirroring international relations, and the inevitability of punishment for war crimes against another State and for violating international criminal law. Therefore, the article proposes legitimate restriction of Russia’s State immunity for Ukraine and third countries. For Ukraine, the solution to this problem lies in the legislative consolidation of a direct exception to the doctrine of State immunity to any aggressor state, including Russia. For any third country, the solution to this problem ...

The institution of inheritance is an old, very important institution that has continuous and frequent application in daily practice. It is the only institution that enables the transfer of property rights and obligations from the deceased to other persons. The procedure for reviewing the inherited property is an uncontested procedure and as such it is regulated by the Law on Uncontested Procedure of 2008. Northern Macedonia followed European standards by transferring non-contentious jurisprudence cases from the courts to notaries. The notary as a "trustee" of the court takes action and decides in accordance with the provisions of the Law on Uncontested Procedure and the Law on Inheritance. The notary directs and examines the inherited property only when there is no dispute over the facts or the application of the inheritance right. In the competence of notaries, among others, are the compilation of legal affairs from property inheritance issues such as legal wills, drafting of the contract for permanent maintenance, the contract for division of property, the contract for donation, etc. This study analyzes the role of the notary in the examination of inherited property, identifies the differences between the theory and its application in practice, and highlights the legal gaps that enable non-realization of inheritance law by a certain category of citizens with vulnerable positions, such as married girls of the testator, extramarital minors, etc. This study provides arguments for the introduction of the family register and further electronic digitization as a step towards the approximation of Macedonian inheritance legislation with European legislation. The positive Macedonian legislation does not provide for a public document that summarizes all personal data in one place for parents and for each child (married or illegitimate), which would facilitate the work of the notary, speed up legal circulation and increase legal certainty in property-inheritance legal relations. This paper has a theoretical-empirical approach, using these methods: descriptive-comparative, analysis of positive inheritance legislation, and surveys with notaries operating in the Republic of Northern Macedonia. This study emphasizes the need for legal reforms in the inheritance scheme, as well as giving modest suggestions regarding the measures to be taken in order to improve the legal framework and drafting new policies.

Bu tebliğin konusu, 7 Ekim’den beri Gazze’de işlenen ve soykırım, insanlığa karşı suç, savaş suçu gibi uluslararası suçlara vücut verebilecek eylemlerin ulusal devletlerce ya da uluslararası alanda soruşturulması ile kovuşturulmasının yolları ve bunu yapabilmenin önüne çıkabilecek bazı fiili veya hukuki engellerdir. Bununla birlikte, tartışılanların büyük bir kısmı, İsrail ile Filistin arasındaki çatışma esnasında işlenmiş tüm uluslararası suçlar açısından ve hatta dünya çapında işlenmiş, işlenmekte olan ve ileride işlenebilecek tüm uluslararası suçlar açısından da geçerlidir.

The article aims to analyze and explain the recent developments and challenges regarding the jurisdictional immunity of international organizations in labour disputes, both by international and national courts, concluding with remarks on the experience of the Colombian case law in the matter. The article uses both case-law review and comparative law methodologies to first explain the main differences between diplomatic immunity and the immunity of international organizations regarding labour disputes, then, it describes the current legal trends regarding the applicable law to labour relations between international organizations and individuals, and the challenges to the immunity of the organization when disputes arise. The article develops the modern trend of requiring the organization to activate internal dispute resolution mechanisms to uphold its immunity before national courts. The article argues that there is an incomplete reception of the principles governing the immunity of international organizations by recent Colombian case law and that frequently, constitutional judges confuse the sources that regulate diplomatic immunity with the sources that regulate the immunity of international organizations. The article concludes that although international case law over the past decade widely recognizes functional immunity and jurisdictional immunity as the governing law in international organizations, it is still a controversial topic that has demanded fast developments regarding the applicable law, the differences with diplomatic immunity as understood by local authorities (expanding on the example of Colombia) and the design of innovative dispute resolution mechanisms within international organizations.

The ultimate desire of any nation is to attain a flourishing society where human beings can fully develop their potential. This has, however, been made impossible in many countries due to cultural, social, political and economic impediments put in place by human elements. This study focused on the presidential system of government which was first practiced in Nigeria between 1979 and 1983 and reintroduced in 1999. Despite being the longest system of government being practiced since independence, it was observed that it has not met the yearnings and aspirations of many Nigerians concerning sustainable development due to certain encumbrances. To explain various phenomena leading to the disillusion about the system, thorough research on the obstacles was critically investigated. The study relies mostly on secondary sources like books, monographs, journal articles, government publications and internet sources on democracy, presidentialism and sustainable development. Interviews were also conducted with some politically inclined individuals. The data gathered was consequently analyzed using the content analysis method. The findings indicate that a desirable presidential system of government and sustainable development are achievable. The study adopted democratic transition theory as its theoretical framework. The paper, however concluded that the presidential system of government remains a viable option for sustainable development in Nigeria based on the fact that the associated problems are neither peculiar nor insurmountable. Consequently, the study recommended, among other things, strict adherence to principles of separation of powers, rule of law and human rights with strong social mobilization and serious civil society movement.

International Institutions and Law (IIL) is an advanced undergraduate course designed for students of International Relations, offering a comprehensive exploration of the philosophy, principles, and values that underpin public international law and the functioning of international institutions. Through an integrative approach, students will examine international law as a system of interrelated legal rules, reflecting a diverse range of cultural and normative traditions that shape global governance. The course delves into the legal status, structure, and contemporary regulatory frameworks governing international organizations, with a particular focus on their role as subjects of international law. Key institutions such as the United Nations (UN), the Organization for Security and Cooperation in Europe (OSCE), the European Union (EU), and other significant global and regional entities will be analyzed in depth. Students will critically assess how these institutions contribute to the maintenance of international peace and security, economic cooperation, human rights protection, and conflict resolution. Additionally, they will develop practical skills in applying international legal norms holistically to current global challenges, fostering a nuanced understanding of the dynamic relationship between international law and international relations in the modern world.

Astrid Weij is a Programme Manager of cultural heritage from an international perspective at the Netherlands Institute for Heritage (Erfgoed Nederland). Heritage in relation to Europe and mutual cultural heritage are subjects that she works on. She has a BA and MA in museology. She played a significant role in setting collections mobility on the European agenda when she was a policy advisor in international affairs at the Netherlands Ministry of Education, Culture and Science (2001-2007).

Immunity clause as enshrined under section 308 of the 1999 Constitution of the Federal Republic of Nigeria has generated protracted controversies for and against its inclusion in the rubrics of Nigerian constitutional laws. This paper considers widespread corruption by Nigerian leaders, shielded by the immunity clause. It explains the need for reform to curtail the anomaly wherein absolute executive immunity is provided for leaders in Nigeria. The paper maintains that there should be equality before the law, hence, the possible prosecution and appearance of a sitting President, Vice President, Governors and Deputy Governors in some criminal and civil matters drawing from other jurisdictions.

Pour rédiger L’Éducation sentimentale et le chapitre VI de Bouvard et Pécuchet, Flaubert a lu plusieurs ouvrages de Pierre-Joseph Proudhon et il en a pris des notes. Dans ces notes, Flaubert s’est contenté de relever les traits antipathiques du socialiste ; et il a souvent négligé les enjeux polémiques de ses ouvrages. Certains critiques considèrent ainsi Flaubert comme insensible à la portée polémique des ouvrages proudhoniens qui visent à remettre en cause les arguments justifiant la propriété, sur lesquels s’appuient les théoriciens bourgeois de l’époque.
Pourtant, si l’on regarde de près la genèse de Bouvard et Pécuchet, il est clair que, dans son œuvre posthume, Flaubert avait l’intention polémique de remettre en cause les fondements théoriques de la notion de propriété, en se référant à des ouvrages proudhoniens tels que Qu’est-ce que la propriété ? et La Théorie de la Propriété. Flaubert n’était donc pas insensible à la dimension polémique des ouvrages proudhoniens. Si notre auteur n’a pas retenu ce plan initial dans le texte final, des traces de la critique proudhonienne sont néanmoins perceptibles dans l’épisode du débat entre Pécuchet et Foureau sur la location immobilière (le chapitre VI). Notre article se propose de reconstituer le contexte proudhonien de cette scène, qui restera imperceptible pour le lecteur d’aujourd’hui, sans l’examen minutieux des avant-textes du roman.

On 02/24/2022, according to Putin, Russia launched a "special military operation" against Ukraine. According to Vladimir Putin, the aim of this operation was an individual legitimate defense against threats from NATO and the west, as well as a collective legitimate defense in the form of the security agreement between Russia and the Luhansk and Donetsk People's Republics and in accordance with Article 51 of the United Nations Charter. In this regard, the current research seeks to answer the main question, “how is the Russian military attack on Ukraine considered from the point of view of international law?” The present study has reached the conclusion by using the analytical-descriptive method that according to the history of legitimate defense in customary law, the text of the United Nations Charter, the resolutions of the General Assembly and the Security Council of the United Nations, and also the cases related to legitimate defense in the International Court of Justice, Russia's special military operation constitutes illegal use of force, and according to the criteria set in international law, Russia's justification for self-defense is invalid because there was no armed attack against Russia. Also, the claim of collective self-defense is not legitimate since Luhansk and Donetsk regions do not have the conditions to become a nation and are not members of the United Nations; and also assuming that the threats of NATO and the West are a danger to Russia, and the regions of Luhansk and Donetsk are independent countries and even if they were members of the United Nations, this attack is still a violation of the principle of non-use of force in international law because methods of peaceful resolution of disputes were still available and Russia should have used that tools. The present research method is descriptive-analytical.

Introduction: The United Nations Convention on the Law of the Sea (UNCLOS), also known as the "Constitution of the Oceans," is an international treaty that governs the use of the world's seas and marine resources. Adopted in 1982 and enforced in 1994, UNCLOS replaced previous maritime laws and established a framework for territorial rights, environmental protection, resource management, and dispute resolution. Today, 168 countries and the European Union are parties to the treaty. ➢ Key Features of UNCLOS 1. Maritime Zones and Sovereignty UNCLOS defines different maritime zones, determining the extent of a country's control over ocean resources.

A toxoplasmose é a doença causada pelo protozoário apicomplexo, Toxoplasma gondii. Parte da população de taquizoítos de T. gondii expõe fosfatidilserina (PS) na membrana plasmática (MP), mimetizando uma célula apoptótica. A PS é um fosfolipídio aniônico, encontrado na monocamada interna da MP das células. Células em apoptose expõem PS, induzindo liberação do fator de crescimento transformante beta1 em macrófagos e redução da produção de óxido nítrico (NO). O NO é um importante microbicida da resposta imune que, em baixos níveis, favorece o desenvolvimento do parasito na célula hospedeira. A subpopulação que expõe PS (PS), ao invadir a célula, localiza-se em vacúolos estreitos. Aquela que não expõe (PS), não inibe produção de NO e ocupa vacúolos abertos. Isto ocorre porque as subpopulações entram de formas distintas nas células hospedeiras. A subpopulação PS realiza penetração ativa e se desenvolve, já a PS é fagocitada e destruída por lisossomos. Poliaminas são moléculas policatiôni...

This article examines whether States have a legal obligation to assist victims of serious breaches of fundamental obligations owed to the international community as a whole. This so-called 'bystander State responsibility' is compared with a similar legal obligation to assist victims at the domestic level. First, the method of comparing the legal obligations of international bystander States with the legal obligations of domestic bystanders is examined. Is it appropriate to compare the two legal frameworks, and why (not)? What can we learn from such a comparison? After these preliminary remarks, the types of situation in which bystander intervention is -or ought to be -legally required are identified in general terms. This is followed by an exposé of the raisons d' être of bystander obligations. After having looked at reasons why bystanders ought to intervene in theory, the article analyzes justifications for not intervening in practice, both at the domestic and international level. Finally, the different stages of bystander intervention are compared. First, the bystander must be aware of the need to intervene, then the bystander must accept personal responsibility to do so, and then the bystander has to choose the appropriate type of assistance.

This article examines the ongoing sovereignty dispute between the UK and Mauritius over the Chagos Islands, focusing on its historical, legal, and humanitarian aspects. It traces the islands' colonial detachment from Mauritius in 1965, the forced displacement of the Chagossian population to establish a US military base, and the resulting socio-economic hardships. Key legal milestones, including the 2019 ICJ advisory opinion declaring the UK's administration unlawful, are discussed alongside environmental and geopolitical issues, such as the establishment of a Marine Protected Area. The article highlights the Chagossians' persistent fight for justice and the broader implications for decolonization and international law.

whereas many cases of terrorist crimes and terrorist financing have international dimensions, the serious and effective fight against these crimes faces two challenges: on the one hand exercising jurisdiction and choosing a qualified court on the other. It is not possible to deal with these dangerous crimes without resolving the issue of contradiction of criminal jurisdiction of countries, as well as qualification of domestic or international courts to deal with these crimes. The present article has been written by descriptive-analytical method and based on written documents and sources and its information has been collected through library study. Based on this research, it seems that for the counter-terrorism campaign and it’s financing to be more effective, accepting the principle of universal jurisdiction is necessary, and it can be a way to prevent criminals escaping, although there is no prohibition on governments using other principles of jurisdiction. In addition, resolving the issue of the qualified court for investigating these crimes is possible by relying on the existing domestic and international juridical literature. This is because, in addition to being able to take advantage of the capacity of domestic courts, governments can use the capacity of the International Criminal Court or case and regional courts to prosecute offenders and to provide global justice and security through Collaboration and under special circumstances, especially when the crime of terrorism or its financing is transnational or international.

The maintenance of the sovereign equality of states rests largely on the adherence to the law of state immunity and its imperative respect. This fundamental principle finds acceptance in international documents, customary international law, and international judicial practice. Recognizing its importance, some governments have found it necessary to codify rules pertaining to state immunity within their domestic legal systems, thereby establishing it as an independent law. Russia, following the adoption of the 2004 UN Convention, enacted regulations on state immunity, effective from 2016. However, the Ukraine crisis, coupled with Russia's military invasion, and the subsequent seizure of Russian assets abroad, as well as the stance of Russia and other governments regarding this crisis, has posed a new challenge in the area of state immunity. By examining Russia's approach to this principle within its own legal framework, and scrutinizing the extent of its commitment to the principle and its exceptions, we can ascertain how Russia engages with foreign governments and evaluate the likelihood of foreign governments seizing and detaining Russian assets beyond its borders. Notwithstanding the fact that certain assets belonging to Russia and its central bank have been seized, they have not yet been confiscated or forfeited due to the legal barrier of state immunity. To date, many governments have been unable to furnish the necessary legal permits and documentation to take action against these assets.

This commentary analyzes the International Court of Justice (ICJ)´s judgment in the Case concerning Certain Questions of Mutual Assistance in Criminal Matters (Djibouti v. France). It is a qualitative research done through bibliographical and documentary reviews. The thesis sustained is that the case presents relevant discussions of International Law on four key issues: (i) jurisdiction based on forum prorogatum; (ii) the relationship between general treaties and specific treaties; (iii) self-judging clauses and (iv) immunity of heads of States and immunity ratione materiae. It begins with an overview of Djibouti. Next, the main events and the decision are summarized. Lastly, it dives into critical legal discussions on the abovementioned issues. It concludes that the judgment presented a much more jurisprudential than practical scope and offered food for thought to the international legal debate. Regarding forum prorogatum it emphasizes that States must be cautious in formulating the terms of acceptance, or they might be surprised by ICJ. On the relationship between general and specific treaties, ICJ could have given more content on how a general treaty could serve as an interpretative guide. The ICJ revised the self-judging clause based on the principle of good faith but missed the opportunity of explaining the modus operandi of the good-faith principle. The ICJ reaffirmed the immunity of the heads of State and ruled that the criterion for verifying the occurrence of a breach was to be subject to a “constraining act of authority.” However, its application of such a criterion is open to criticism.

This commentary analyzes the International Court of Justice (ICJ)´s judgment in the Case concerning Certain Questions of Mutual Assistance in Criminal Matters (Djibouti v. France). It is a qualitative research done through bibliographical and documentary reviews. The thesis sustained is that the case presents relevant discussions of International Law on four key issues: (i) jurisdiction based on forum prorogatum; (ii) the relationship between general treaties and specific treaties; (iii) self-judging clauses and (iv) immunity of heads of States and immunity ratione materiae. It begins with an overview of Djibouti. Next, the main events and the decision are summarized. Lastly, it dives into critical legal discussions on the abovementioned issues. It concludes that the judgment presented a much more jurisprudential than practical scope and offered food for thought to the international legal debate. Regarding forum prorogatum it emphasizes that States must be cautious in formulating the terms of acceptance, or they might be surprised by ICJ. On the relationship between general and specific treaties, ICJ could have given more content on how a general treaty could serve as an interpretative guide. The ICJ revised the self-judging clause based on the principle of good faith but missed the opportunity of explaining the modus operandi of the good-faith principle. The ICJ reaffirmed the immunity of the heads of State and ruled that the criterion for verifying the occurrence of a breach was to be subject to a "constraining act PALAVRAS-CHAVE: Forum prorogatum. Imunidade do chefe de Estado Imunidade ratione materiae. Corte Internacional de Justiça. Relação entre tratados. Cláusulas de autojulgamento. of authority." However, its application of such a criterion is open to criticism.

Terrorism has always been a threat to the lives and security of the Filipino people. The existence of various terrorist threats in this country inevitably necessitated a codified mechanism to deal with terrorist threats. The country's 2007 Human Security Act was enacted to combat terrorism and was intended to combat militants in the southern Philippines. Critics of the law argue that the amendment was necessary to pave the way for the prosecution and punishment of perpetrators of terrorism, which led to the passage of the 2020 Anti-Terrorism Law. Compliance with the Philippine Constitution is currently being challenged by various domestic and foreign groups and has been reviewed by the Supreme Court. But the government, and especially the president himself, was determined to pass the law quickly and did not show any leniency. Some Philippine government officials believe that the review of this law shows that there is a guarantee of compliance with human rights standards in its place and this in itself can be considered a strong reason for the law to comply with international human rights instruments. But a careful examination of the law can ultimately lead the analyst to the conclusion that, despite the lawmakers' consideration of compliance with human rights standards, which appear to have been largely successful, the issue of long-term detention can be considered a flaw for it.

1974 年 6 月 7 日法律第 216 号(Conversione in legge, con modificazioni, del decreto-legge 8 aprile 1974, n. 95, recante disposizioni relative al mercato mobiliare ed al trattamento fiscale dei titoli azionari)の委任を受けて定められた 1975 年 3 月 31 日大統領令第 136 号(Attuazione della delega di cui all'art. 2, lett. a) , della Legge 7 giugno 1974, n. 216, concernente il controllo contabile e la certificazione dei bilanci delle s.p.a. quotate in borsa ) (1975 年大統領令)により、計 算書類の法定監査が定められたことと機を一にして、公認公共会計士全国評議 会(Consiglio Nationale dei Dottori Commercialisti, CNDC)は、会計基準作成 委員会(Commissione per la Statuizione dei Principi Contabili)を設けた。これ は、会計監査との関係で、その普及度と権威に照らして、2 でみる、 「適正な

ABSTRACT

A look at the visit of the visit of Omar Al Bashir to South Africa to attend the 25th Assembly of the African Union held in South Africa on 14 – 15 June 2015 on the margins of the warrants of arrest issued by the ICC against him,  in March 2009 and July 2010 for international crimes committed by government forces and its allies, the Janjaweed Militia in Darfur and other areas of Sudan, and the Resolution of the African National Congress (ANC) to withdraw South Africa from the ICC – A Resolution of the 54th National Conference (2017):

Key Words: South Africa, Rome Statute, International Criminal Court, Treaty Withdrawal, Vienna Convention on the Law of Treaties, African Union, Al Bashir, African National Congress, International Crimes.
 

The prevailing view in international practice is that, by consenting to arbitration, a State does not waive its immunity from execution. Yet, in the context of arbitration administered by the International Centre for Settlement of Investment Disputes (ICSID) -as in the context of arbitration between States and private parties more generally -the problem of execution immunities is a very significant obstacle to the effective implementation of arbitral awards. When immunity from execution allows States to escape obligations they have freely undertaken, and when it withholds from claimants the fruits of a favourable award, the benefits of arbitration become illusory. This article contends that the prevailing view is no longer compelling. We argue that domestic courts can and should uphold the rule-of-law objectives and benefits of the ICSID Convention by adjusting their approach to immunity claims in the arbitral context: consent to arbitration should be interpreted as an implied waiver of immunity from execution.

The judgment of a forum court is practically worthless in another jurisdiction, except it is recognised by the court of the foreign jurisdiction. In a bid to circumvent the challenges that this may pose, international businessmen, the world over, now resort to arbitration to settle their disputes, but paradoxically the arbitral process including the award depends on national legal orders for their validity and effectiveness. Another dimension to the challenge, becomes apparent when enforcement is sought against the properties of State counter-parties. The study which was based on a doctrinal research methodology, interrogated the extant laws in Nigeria, and it was observed that foreign judgments, foreign and international awards are enforceable in Nigeria based on both statutory and treaty regimes. Unlike foreign judgment which depends on the principle of reciprocity and comity enshrined in domestic conflict of laws which is fraught with procedural uncertainties, arbitral awards are covered by treaty regimes, and therefore enhances certainty and predictability of enforcement. The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), and the International Convention on the Settlement of Investment Disputes between States and Nationals of other State (1965), are instructive in that regard. However, enforcement in that context, is characterised by a regime of information asymmetry, as between both jurisdictions, which can open the flood gate for abuse. A policy and legislative framework, is therefore required to bridge the gap, and create a system of authentication of foreign judgment and arbitral awards, beside the extant provision for minimal judicial review.

This article addresses the complex issue of immunity for State officials from foreign criminal jurisdiction, with a focus on the ILC's role in codifying and ensuring the compatibility of international legal acts. It underscores the calls for exceptions to functional immunity, particularly concerning ius cogens norms, and it highlights how the current framework often impedes accountability for international crimes. However, the ILC's limitation of Art. 7 to immunity ratione materiae, excluding jurisdictional immunities, presents a legislative gap that hampers prosecution under universal jurisdiction. This underscores the need for international codification and progressive development to reconcile immunity doctrines with the imperative of accountability for serious international crimes. The article highlights the lack of a clear international position due to: (1) the absence of uniform definitions for immunity ratione personae, ratione materiae and jurisdictional immunity, (2) the identification of various exceptions limiting the invocation of immunities in domestic and third-State courts and (3) the inconsistent interpretation of immunity exclusions for ius cogens violations. It argues for harmonising legal norms at the international level to adequately initiate and conduct criminal proceedings by specifying the circumstances that exclude jurisdictional, ratione materiae and ratione personae immunities, thus re-establishing criminal accountability for international crimes.

Dott. Enrico Papa-Consigliere Dott. Antonino Elefante-Consigliere Dott. Ernesto Lupo-Consigliere Dott. Vincenzo Proto-Consigliere Dott. Fabrizio Miani Canevari-Consigliere Dott. Mario Rosario Morelli-Consigliere Relatore ha pronunciato la seguente: ORDINANZA sul ricorso proposto da: Lu. Bo., elettivamente domiciliato in Ro., Via Ta. 39, presso lo studio dell'Avvocato Gi. Ba., rappresentato e difeso da se stesso, unitamente all'Avvocato An. Ca., giusta delega in calce al ricorso; ricorrente contro Repubblica Argentina, in persona del Procuratore del Tesoro della Nazione, elettivamente domiciliata in Ro., Piazza di. Sp. 15, presso lo studio legale Si. Em., rappresentata e difesa dagli Avvocati Fa. Po. e Ma. Si., giusta delega a margine del controricorso per il primo, e procura speciale, in atti, per il secondo; controricorrente per regolamento preventivo di giurisdizione in relazione al giudizio pendente n. 3407/03

پس از بمباران هیروشیما و ناکازاکی در سال 1945 به ویژه از زمان جنگ ویتنام، آگاهی نسبت به آسیب‌های زیست محیطی ناشی از جنگ به تدریج افزایش یافته است. حمله روسیه به اوکراین در 24 فوریه 2022 در حالی پس از شیوع کووید-19 رخ داد که تمامی جامعه بین‌المللی و به طور اخص اروپا تلاش داشت تا گام‌های جدی‌تری را در مقابله با صدمات زیست محیطی برای توقف یا حداقل کاهش تغییرات اقلیمی بردارد. در این راستا، توجه به اثرات زیست محیطی جنگ اوکراین از همان ابتدا بسیار زیاد بوده است. برای مثال، تغییرات آلودگی هوا و تخریب سد کاخوفکا توجه گسترده محققین و رسانه‌ها را به خود جلب نمود. هر چند اولویت همیشه برقراری هرچه زودتر صلح بوده و اغلب توجهات متمرکز بر رخ‌دادهای مخربانه و پیامدهای فوری و کوتاه مدت آنها بوده است.

Nicolson (1998) highlights the importance of privileges and immunities when he says: It must soon have been realized that no negotiation could reach a satisfactory conclusion if the emissaries of either party were murdered on arrival. Thus, the first principle to become firmly established was that of diplomatic immunity. A brief historical survey shows the evolution of privileges and immunities up to modern times. The institute of privileges and immunities occurred among the Australian aborigines as well as in the Institutes of Manu. The Institutes of Manu are archaic Hindu codes dating from 1500 BCE, according to which an arriving guest should receive a place to sit, water, and some properly seasoned food.

The rationale behind universal jurisdiction is to combat impunity and prevent third States from becoming safe havens for those who have committed international crimes; that is, when the alleged suspect is not a national of the State, the alleged suspect did not commit a crime in that State's territory or against its nationals, or the State's national interests have not been affected. The present article, with the descriptive-analytical method, and with the aim of explaining the status of universal jurisdiction in the contemporary international law system in general, examines the formal requirements of applying this principle in the legal systems of Germany and Sweden. The findings of this article show that in both legal systems of Germany and Sweden, there is unanimity regarding the application of the principle of absolute universal jurisdiction. In addition, the scope and application of this principle are often similar in these two States. However, in the legal system of Germany and Sweden, the prosecution and trial of alleged suspects of international crimes entail the fulfillment of formal requirements.

There is no common definition of grey zone activities and operations, for it is a relative term. Its relativity, in turn, is to the legal frameworks of the day. At best, a definition of 'grey zone' is one of a range of terms used to describe activities designed to coerce countries, in ways that seek to avoid military conflict. 1 Military conflict, in turn, is triggered when certain thresholds of international law are met. These thresholds are set rather high and hark back to Greco-Roman legal frameworks which recognised a distinct, and binary, state of international relations: peace and war. 2 Campaigning in the grey zone is a strategic challenge that vexes most contemporary militaries: the role and evolution of conventional military troops (such as

The immunity of States faces to litigation, especially those of an economic nature, has been an area that is becoming more important every day. China, in its goal of becoming the most prominent global player in all areas, has decided to modernize and adapt part of its legal system, especially the issue of state immunity to the trend that prevails today in most countries, the so-called “westerners”. This short essay analyzes the new regulation that came into effect on 1st January this year and that will surely influence the way state immunity is being applied in other legal systems that, like China, before modernizing its law, continue to give application to the absolute theory of state immunity, that is, total protection of the State against local courts. Starting in 2024, China will detach itself from its past and begin to apply the restrictive theory, which allows exceptions regarding state immunity.