Establishing a multilateral rapid response mechanism for hostage crises

Software and eCommerce are inseparable part of each other. The main thrust of the thesis is to discover a suitable legal and technological measures for curbing software in eCommerce and find out compatibility of the existing curbing measures with human rights. The WIPO Copyright treaty, the Berne Convention, the TRIPS Agreement and other international laws on copyright, patent and software have been discussed in relevant places. Information and statements from the papers prepared by WIPO on digital right management, eCommerce, and copyright have been frequently used in the thesis with proper citation. Since the U.S.A is the pioneer in the software industry and eCommerce therefore particular attention has been given on the U.S. legal system. A considerable number of relevant cases from the U.S. jurisdiction have been discussed in relevant chapters of the thesis. The European law and British law also have been discussed with limited number of case references. Since Bangladesh is a developing country&semic the relevant copyright law of Bangladesh and its prospect in software industry also has been discussed briefly. The thesis is divided in 7 chapters. A summary of each chapter has been given below. Chapter 1: Introduction: It contains a brief introduction of the issues discussed in the thesis and explanations regarding software, eCommerce, kinds of software infringements, gravity and consequence of software piracy in eCommerce, permitted actions in respect of software, jurisdiction, choice of law and enforcement issues etc. Chapter 2: Internet Piracy a Grave Challenge: In this chapter how Internet piracy of software takes place is explained with example and case reference from the U.S. jurisdiction. Chapter 3: Software Patenting vis-a-vis Copyright: A comparative discussion between software patenting and copyright protection for software takes place in this chapter. The relevant laws of the U.S. jurisdiction and European jurisdiction have been discussed with important case references of the respective jurisdiction. It is also discussed whether these two types of protection for software are conflicting or complementary. Chapter 4: Regulatory Framework for Curbing Piracy: In this chapter basically copyright law relating to software has been discussed. Relevant provisions regarding software from international copyright Law like the Berne Convention, WIPO Copyright Treaty, and TRIPS Agreement have been cited. EC Software Directive, Copyright Directive and eCommerce Directive, Statutory law and case law of the U.S. jurisdiction, the UK jurisdiction have been discussed here. Chapter 5: Technological Protection Measures: Technological protection measure in Australia, anti circumvention provision in WIPO Copyright Treaty, Digital Millennium Copyright Act (DMCA) of the U.S.A., Limitations and exceptions of DMCA, EC Copyright Directive and limitations and exceptions of the Copyright Directive, Rights management information etc. have been discussed. Chapter 6: Compatible Human Rights: What are the bases of the relationship between IPR and human rights, which provisions of the relevant international IP law and different national jurisdictions are upholding human rights have been discussed here. Relevant case law has been cited from the U.S. jurisdiction to show that the court did not find the anti circumvention provisions of the DMCA unconstitutional and opposed to the right to freedom of expression. It has been shown in this chapter that there is no real conflict between human rights like freedom of expression and curbing measures of software piracy in eCommerce. Chapter 7: Conclusion and Recommendations: Concluding comments and Specific recommendations have been given to curb software piracy in eCommerce and develop human rights values in IPR protection.

The article revisits the 2000 Algiers Agreements between Ethiopia and Eritrea, including the claims and boundary arbitral decisions issued thereunder, in light of the 2018 Asmara and Jeddah Agreements. Similar state practice and relevant international law as well as the geopolitical context are also considered. It is argued that accountability and boundary demarcation issues remain serious challenges in the relations between the two countries; however, it finds that the 2018 Agreements indicate that the parties intend to start afresh in their relations. In particular, the article challenges the misperception that the ‘virtual’ demarcation decision should be implemented without qualifications; doing so ignores relevant subsequent practice of the parties, the wishes of their border communities and other relevant international law, and therefore could be detrimental to the friendly and peaceful co-existence of the parties. After all, the border issue was not the primary basis for the devastating armed conflict and subsequent no-peace-no-war situation; moreover, other peremptory norms were breached that without question are higher in legal status than the question of compliance with an arbitral award flawed in many respects. It is proposed that a broader, institutionalized, and agreed socio-economic, development, and integration process pursuant to the 2018 undertakings be given priority to bring lasting peace and prosperity for both countries and the region.

The RussianFederal Law on Cultural Valuables Displaced to the USSR as a Result of the Second World War and Located on the Territory of the Russian Federationpurports to establish the legal basis for the Russian state to hold permanent title to the vast majority of the cultural valuables removed from Germany to the Soviet Union at the end of World War II. Russia claims that the cultural objects seized by the Soviet Union constitute “compensatory restitution” for the hundreds of thousands of cultural and artistic valuables seized or destroyed by the Nazis during the war. This article assesses the compatibility of the Russian claim with relevant international law. It does so by tracing the development of the international antiplunder legal regime. It then assesses the Russian claim with respect to three categories of cultural valuables, based on prewar ownership: property belonging to private persons and organizations, property belonging to nonenemy states, and property belonging to enemy states (Axis powers). “Compensatory restitution” does not exist as a category or principle in international law, so the analysis focuses on the legal concept that is most similar and therefore of potential relevance, restitution in kind. If restitution in kind is impermissible under international law, then the broader “compensatory restitution” is, with even greater force, also impermissible. The key finding is that international law does not permit “compensatory restitution,” nor does it permit unilateral seizures of cultural objects under some broader notion of compensation.

Military assets, which include personnel, make an important contribution to disaster relief. However, military deployments can be politically sensitive, and the relevant international law is contested and not binding. This article compares two sets of UN Office for the Coordination of Humanitarian Affairs (UN OCHA) Guidelines on this issue. The 2007 Oslo Guidelines1 state that military assets should be used in disaster relief only as a last resort, while the 2014 Asia-Pacific Regional Guidelines2 acknowledge that military assets are often the first to respond to disasters in the region. Drawing on examples primarily from Asia, this article explores the apparent conflict between these two UN Guidelines and asks two questions about the deployment of foreign military assets in disaster relief. First, to what extent does international law authorize or limit the deployment of foreign military assets in disaster relief? Second, what are the politics of deploying military assets in disaster relief? This article argues that, rather than representing a global standard, the Oslo Guidelines better reflect European practice within Europe, while the Asia-Pacific Regional Guidelines are more representative of practice worldwide. It concludes that the type of military aid provided is key to its compliance with international law and its political acceptance.

The safety of offshore oil and gas facilities is a deep concern in relation to the security of China’s fossil energy supply. At present, there are a series of international law protection systems with the offshore facility safety zone system as the core. Most of world’s major maritime countries have established offshore oil and gas facilities protection systems in the form of domestic legislation in accordance with relevant international law, and some of them have adopted measures expanding the scope of their safety zones to strengthen protection. However, there remain some defects in the existing international law system. Therefore, the Chinese government needs to promptly clarify its position on issues related to the offshore facilities safety zone system, and propose the formulation of a specialised convention.

The North Korea’s Gauntlet, International Law and the New Sanctions Imposed by the Security Council

Brief of Amicus Curiae Human Rights Committee of the American Branch of the International Law Association in United States v. Ali Hamza Ahmad Suliman Al Bahlul Before the United States Court of Military Commission Review (23 Sept. 2009)

Satellites are increasingly used for remote sensing, aiding in disaster management, however they also raise privacy concerns. Despite the existence of international instruments such as the Outer Space Treaty, Principles Relating to Remote Sensing of the Earth from Outer Space and International Charter Space and Major Disasters, there are no specific rules addressing satellite misuse leading to privacy breaches during natural disasters. This article examines the existing legal frameworks for satellite regulation and privacy in Australia and Indonesia, two disaster-prone countries, with the aim of determining their adequacy for addressing privacy concerns arising from satellite use during natural disasters. By conducting a comparative analysis of both legal frameworks vis-à-vis relevant international law, this article highlights the gaps that affect their applicability and effectiveness. It finds that international rules on the use of satellites for remote sensing activities generally lack binding force, and do not address the issue of privacy breaches resulting from satellite misuse. Both countries also lack specific legal frameworks addressing privacy breaches caused by satellite misuse during disasters. It recommends that in the absence of unequivocal and specific provisions under international law, both countries could review and rely on their national legal frameworks to address potential privacy issues due to advancing remote sensing capabilities. The provision of Article VI of the Outer Space Treaty requires states to authorise and ensure continued supervision of activities of non-governmental entities in outer space. This provision could be relied on to impose, through the instrumentality of domestic laws, restrictions, or conditions on space activities, including privacy provisions. Existing space legislation requiring liability insurance could also be extended to include privacy provisions.

BackgroundTraditionally, most Western models of health viewed sickness and disease as a product of individual factors such as personal behaviors and genetic predisposition; consequently, healthcare interventions were largely focused on fixing the individual, with little attention placed on contributing external factors. The WHO’s “Social Determinants of Health” (SDH) framework, however, takes a broader ecological perspective that suggests that interventions must occur at multiple levels in order for good health to be achieved on an equitable basis. This model views health as a function of many circumstantial and environmental factors that are continuously and simultaneously interacting across multiple domains. These factors include structural mechanisms, such as laws and policies; socio-economic conditions, such as education and occupation; and intermediary circumstances, such as living and working conditions. Utilizing the SDH framework as a guide, this qualitative study sought to identify which specific determinants are most significant and present the greatest risk to the health and well-being of the Urak Lawoi’ (UL), a “sea nomad” group indigenous to southern Thailand.MethodsInterviews, household surveys, and focus group discussions were utilized to gather primary data from 71 subjects in three different UL communities in southern Thailand. In addition, a comprehensive literature review of relevant international mechanisms, national laws, and national policies was conducted. All data collected was analyzed and coded utilizing HyperRESEARCH.ResultsIn all three communities, education and livelihoods were found to be the most critical determinants. Additionally, land grabbing and living conditions were identified as dire issues on Ko Lipe. The law and policy review revealed several deviations between international mechanisms and national laws and policies in both enshrinement and enforcement, with the Royal Thai Government (RTG) often overlooking the interests of the UL when formulating laws and policies.ConclusionsThe above-mentioned determinants, along other structural and intermediary determinants, are synergizing, thereby placing the UL at increased risk of poorer health and health outcomes compared to other Thais living in the same vicinities. To rectify this, the RTG must reform national laws and policies that harm the UL, and civil society must hold them accountable. Several recommendations are offered to achieve a better future for the Urak Lawoi’.

The existences of international and national laws are interrelated and interacting. The linkage of International and National laws is depicted in monism and dualism theories. The existence of international and national laws is examined by looking at each other's interdependence and interaction between the two. The object of this paper is related to the disengagement and interaction between international law and national law, using normative juridical methods. The results show that in actual practice between international and national laws need and influence each other, includes: international law is more effective if transformed into the national law; international law will bridge when the national law cannot be applied in the territory of other countries; international law will harmonize the differences in the national law; and international law more grow from the practices of countries. Extradition as one example, in principle contains two dimensions of interrelated international and national.

Despite the claims that the ongoing armed conflict in Ukraine has become a “frozen zone”, the reality demonstrates such a characterization runs afoul of the facts: hostilities continue on, with the increasing number of cases of massive human rights violations following the use of force by the Russian Federation in Crimea and its participation in the conflict in Eastern Ukraine. According to multiple reports, those violations in many cases amount to war crimes. It is thus necessary to ensure a proper compliance with legal rules applicable in the course of armed conflict, i.e., rules of international humanitarian law. Making sure the perpetrators of such crimes are brought under proper responsibility in accordance with relevant international criminal law standards is of equal importance. The matter of analysing and properly qualifying the human rights violations as crimes under the jurisdiction of the ICC will be a central substantive task of the Prosecution team and the Court if the situation makes it to the case. This Chapter deals with the qualification of war crimes as pertains to the armed conflict in Ukraine. Its main aim is to consider the relevant IHL norms and apply them to the alleged acts. This is instrumental in a proper determination of what criteria could be helpful for the ICC in ensuring the criminal responsibility of those who committed – and continue to commit, the horrible acts on both sides of the conflict. Eventually, the Chapter will argue that adjudicating war crimes committed in Ukraine by all parties at the ICC level represents an imperative task if the claimed purpose of international criminal law to bring the perpetrators of international crimes to justice is viable at all.

This article focusses on the issue of fundamental standards of humanity, a set of principles to reflect both international human rights and humanitarian law, as a means to address the insufficient protection of persons in situations of internal violence. Such fundamental standards of humanity, applicable at all times, in all circumstances and to all parties, are necessary to address four areas: 1) States are not party to international instruments; 2) human rights obligations are derogated from; 3) international humanitarian law is not applicable or is so but is not applied; and 4) non-state actors may not be bound by obligations under international law. The article provides an overview of the steps taken by the international community to address the issue, discusses the sources of international human rights law, humanitarian law and refugee law from which fundamental standards of humanity could be drawn, and suggests further steps to be taken. The authors are convinced that fundamental standards of humanity would serve as an educational tool to enhance effective implementation of relevant international law.

[full article, abstract in English; abstract in Lithuanian]
 This article analyses the regulation of space activities, especially small satellites activities. Its purpose is to analyse the relevant international legal framework and discuss the possible future national space legislation in Lithuania. It has been divided into two chapters. Chapter 1 summarises the relevant international space law and addresses essential aspects related to the authorisation of space activities, registration of objects launched into outer space, liability issues, insurance requirements and debris mitigation issues. Chapter 2 deals with reasons to adopt the national space legislation in Lithuania and discusses what legal aspects should be covered by the national law in order to guarantee balance between the regulation and promotion of small satellite activities. Finally, it includes the Model Law on the Promotion of National Space Activities and the Establishment of a National Space Registry of the Republic of Lithuania.

International Law presents a comprehensive approach to the subject, providing a contemporary account of international law. The text offers critical and stimulating coverage of the central issues in public international law, introducing the key areas of debate. It encourages readers to engage with areas of legal debate and controversy and consider how they affect the world today. Topics covered include: the structure of international law; the subjects within the field of international law; international law in operation; international disputes and responses to breaches in international law; and specialized regimes, which include the law of armed conflict, refugee law, international criminal law, the law of the sea, the environment and protection, and international economic law.

INTRODUCTION. International legal policy is a new object in international legal studies, although this phenomenon exists as long as the external relations of States. International legal policy is a rare case of research subject, which remains unexplored. International legal policy as a Concept of State's policy towards legal aspects of international relations was formed in the 80-s of last century. Earlier the questions and their particular aspects now embraced by international legal policy were divided between international lawyers and international relations researchers. However international legal policy is an integral system of State's approaches to international legal matters, therefore its punctual research is relevant only from comparative point of view. It would be interesting to compare States' positions on concrete issues or States' tactics at different stages of realization of international legal norms. This article concerns the question whether comparative studies of international legal policy can be integrated into existing fields of comparative foreign relations law or of comparative research of international law.MATERIALS AND METHODS. The article surveys theoretic questions primarily on the base of doctrinal sources. The retrospective analysis of the comparative method in international law is based on works published by Russian and foreign experts during the XX century. Particular attention is drawn upon works of founders of comparative research in international legal studies. The concept of foreign relations law in the scholarship and practice of the U.S. is researched on the base of national case law, which formulated the principle of executive exceptionalism in State foreign policy. Research work is realized with the use of analysis, synthesis, systematisation, as well as methods of historical and comparative method.RESEARCH RESULTS. The Article consistently reveals meaning and the content of international legal policy as one of the authors of the concept, French lawyer and diplomat G. de Lacharriere, presented it. The Article examines the history of foreign relations law in the U.S. and presents its doctrinal estimations from viewpoint of American constitutional law. The research work specifies different points of view on content of foreign relations law and approaches to its justification. Indeed international legal policy and foreign relations law can be compared as two types of State’s approach to its legal position on the international scene. There are six parameters for comparison: sources, functions, subjects of both concepts, questions on allocation of foreign powers in the State, on relationship between international and national law, on the role of national courts in interpretation and application of international norms. In consideration of “national interest” concept the attribution of international legal policy to international organisations or supranational association is judged as incorrect. The article examines the question of applicability of comparative method in the international law within the discourse among scholars on how differently modern States evaluate international legal norms. Analysis of the tendency to contrasting States’ approaches to the international law encompasses its development from notions “international law of transitional period”, “international legal systems”, to notions “national approach”, “legal style”, “legal culture”. Brief survey of comparative international law gives perspective on diversity of approaches to comparable aspects of the international law. Comparative studies of international legal policy could get consolidated among them.DISCUSSION AND CONCLUSIONS. At first sight the comparative method is hardly applicable to the international law. However the universality of the international law doesn’t exclude variety of approaches to it. The research into international legal policy determined by national interests of every State allows to systemize positions of a State into a single strategy. At the same time comparative method doesn’t only provide classical comparison of States’ positions by issues, but also offers to compare inner-workings of the international legal policy and shaping factors. Nowadays in the context of trends on diversification of international relations (fragmentation, regionalisation), growing popularity of the comparative method translated into comparative foreign relations law and comparative international law. However international legal policy doesn’t correspond with categorial apparatus of comparative foreign relations law. International legal policy is nor able to apply methodological tenets of comparative international law due to its multivalued content. Most likely comparative studies of international legal policy can become a new approach within comparative international law, which should be based on the principles of concreteness and consistency.