American Yearbook of International Law最新文献

{"title":"Qui tacet consentire videtur si loqui debuisset ac potuisset v. quo tacet neque negat neque utique fatetur (he who remains silent is considered to consent, if he must and can speak v. he who remains silent neither rejects nor accepts-affirms)","authors":"D. Liakopoulos","doi":"10.12681/ayil.33039","DOIUrl":"https://doi.org/10.12681/ayil.33039","url":null,"abstract":"The present work aims to analyze silence/acquiescence as a legal fact that constitutes a passive conduct and produces legal effects. The paper is divided into three parts. The first analyzes silence as a legal act in international law, translates the phenomenon of acquiescence and elaborates the relative doctrine and jurisprudence as well as the limits that this term presents. We continue with the acquisitive prescription and the silence in the formation of the treaties. It compares acquiescence in dispute resolution as well as the establishment of jurisdiction of international courts and tribunals. The waiver applies to the area of international responsibility of a State and the decision-making mechanisms within the opting-out procedure. Silence as a legal fact in stricto sensu integrates a qualified conduct to which the production of legal effects compose an institution of international law. The production of their legal effects contemplate the existence of an involuntary silence such as l'estoppel by silence and the extinguishing prescription. The jurisprudence from the ICJ and from arbitral awards is extensive and helps to better know and understand the institution of acquiescence and the importance that the silence of States has in contemporary international law. \u0000 ","PeriodicalId":295983,"journal":{"name":"American Yearbook of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114026367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Russia/Ukraine military conflict: Discussing the maritime element of the confrontation","authors":"Harold Thomas. Workman, D. Dalaklis, A. Ávila-Zúñiga-Nordfjeld","doi":"10.12681/ayil.33050","DOIUrl":"https://doi.org/10.12681/ayil.33050","url":null,"abstract":"Within the globalization era, the conduct, resolution, and impact of international conflicts are frequently not limited solely to the belligerent states involved. Conflict influences distant countries and often illustrates the vulnerability of sea access to the security of coastal and landlocked nations, by factoring in that: import/export commodities are impacted; access to vital energy resources is undermined; and/or international resource distribution is threatened. Therefore, the maritime domain (and its military, legal, and commercial components) represents a Russia/Ukraine conflict cornerstone and the epicenter of this analysis. This conflict highlights maritime trade importance and re-establishes the strategic significance of protecting multi-polarity, the “rule of law”, and freedom of the seas within the Black Sea region (BSR), which today represents a very large concentration of power (involving actors like Russia, USA, NATO, EU) and has been the site of ten post-Cold War conflicts. Resultantly, maritime domain objectives and tactical events (on, above, and below the seas) require detailed analysis as hostilities continue, the norms and principles of international law are threatened and/or undermined, and prospective combat end-state(s) are considered. Such will define Russia’s and Ukraine’s future(s), as well as economic-diplomatic stability and the future of rules-based international order across the BSR, which is a vital maritime transport corridor. \u0000Amidst increasing maritime emphasis, this conflict also illustrates transformational warfighting facets. In addition to troops, ships, and aircraft, modern battlefields now include issues like: Information Warfare outlets; “lawfare”; cyber threats; and adversaries with unprecedented Artificial Intelligence capabilities. The international community must acknowledge these skills yield warfighting capability to nations lacking capacity. As naval warfare equipment and tactics change, protecting sea lanes, preventing maritime hegemony, and upholding the “rule of law”, remain dominant-and are enhanced by globalization.","PeriodicalId":295983,"journal":{"name":"American Yearbook of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128024784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The implementation of reparations in the Inter-American human rights system","authors":"Christian G. Sommer, Victorino F. Sola","doi":"10.12681/ayil.33043","DOIUrl":"https://doi.org/10.12681/ayil.33043","url":null,"abstract":"Reparations as a consequence of the harm suffered by individuals is a general principle of law, recognized by States as a mechanism to compensate for the harm caused by others. In the regional systems for the protection of human rights, the courts have made important advances throughout their operation in generating progressive interpretations of the principle of reparations as a consequence of human rights violations by States. In the inter-American human rights system, the role of the Inter-American Court of Human Rights has had an important evolutionary development on the interpretations of how States should repair violations committed in their territories. \u0000As has already been indicated in the international arena as well as by national courts, reparation for the harm caused is not simply the payment of sums of money. This would be the simplest form that States would have for having caused human rights violations or even crimes against humanity. For this reason, the Inter-American Court, since its first case, has been indicating to the States that economic reparation is only one part of the State's obligation to make reparations. The most important judgments that the regional Court has indicated in its 40 years are marked by the so-called “non-pecuniary reparations”. In other words, reparations that seek to ensure that the events that occurred do not happen again, that the States commit to train their officials in human rights and respect for persons, build schools, hospitals, and roads to improve the living conditions of the victims, etc. \u0000For further more about this evolution, this paper develops the main jurisprudence of the Inter-American Court on reparations and how international law has already set important standards to be applied by States.","PeriodicalId":295983,"journal":{"name":"American Yearbook of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130991895","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Infiltration of new technologies into the Hungarian evidence law relating to civil cases","authors":"V. Harsági","doi":"10.12681/ayil.33046","DOIUrl":"https://doi.org/10.12681/ayil.33046","url":null,"abstract":"The article covers the topic of what challenges the Hungarian evidentiary system has faced in recent years in civil cases, primarily from the direction of information technology. The paper provides a comprehensive overview of the responses received from the legislator and where this did not resolve some issues, what kind of challenge this posed for judicial practice. It also provides a brief description of some legal cases where Hungarian courts responded to IT challenges. It confronts the reader with the problems that are still unsolved or are expected to appear in the near future. In the latter area, it is primarily about the questions raised by artificial intelligence.","PeriodicalId":295983,"journal":{"name":"American Yearbook of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123867211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A comparative examination of the African and South pacific radioactive waste management regimes","authors":"K. Magliveras","doi":"10.12681/ayil.33041","DOIUrl":"https://doi.org/10.12681/ayil.33041","url":null,"abstract":"The article examines and compares, from a legal/regulatory point of view, the regimes for the management of radioactive waste in Africa and the South Pacific. Due to their vastness, both regions are attractive for dumping/storing radioactive waste. Regarding Africa, the article examines the Bamako Convention (1991), as reinforced by the right to a general satisfactory environment favourable to peoples’ development, enshrined in the African Charter on Human and Peoples’ Rights (1981). Regarding the South Pacific, it examines the Waigani Convention (1995). Since they both were established as regional regimes under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989), the article appraises whether they exhibit similar characteristics, including their institutional set up, namely a Conference of the Parties. Moreover, the important question of transnational criminal liability for violating regional norms is addressed. Here Africa is a world pioneer: the prohibited under the Bamako Convention trafficking in hazardous waste is considered an international crime and alleged perpetrators face prosecution before the African Court of Justice and Hunan Rights. The fact that not all States in these two regions participate in the respective regimes is certainly problematic but is partly mitigated on account of the existence of other multilateral instruments which, directly or indirectly, prohibit or restrict the movement of radioactive wastes. The article concludes by suggesting which are the principal problems presently surrounding these two regimes.","PeriodicalId":295983,"journal":{"name":"American Yearbook of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122895640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Brazilian judiciary technological transformation","authors":"Anderson De Paiva Gabriel, Valter Shuenquener de Araújo, Fábio Ribeiro Porto","doi":"10.12681/ayil.33047","DOIUrl":"https://doi.org/10.12681/ayil.33047","url":null,"abstract":"The article aims to analyze the impact of the Brazilian National Council of Justice (CNJ) resolutions into the digital transformation of the judiciary, providing reflections on the need for this in light of the rapid changes in social and economic dynamics that have taken place in recent decades, including technological disruptions. For that, a brief contextualization of the Brazilian Judiciary will be carried out, followed by the presentation of the resolutions published by the CNJ and its repercussion in the construction of the so-called Judiciary 4.0, in an adaptation of the millenary institution to contemporary society and new times, marked by the concepts of online Courts and Digital Justice.","PeriodicalId":295983,"journal":{"name":"American Yearbook of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133545042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The indirect criteria for the recognition and enforcement of foreign judgments","authors":"F. Dauer","doi":"10.12681/ayil.33045","DOIUrl":"https://doi.org/10.12681/ayil.33045","url":null,"abstract":"The twenty-second diplomatic session of the Hague Conference on Private International Law closed on 2 July 2019 with the adoption of the Convention on the Recognition and Enforcement of Foreign Decisions in Civil and Commercial Matters, also known as the Judgments Convention. The present work focused on analyzing the indirect criteria that are provided for in art. 5 of the Conference of the Hague for the recognition and enforcement of judgments. This is an ambitious project that will give rise to a global enforcement regime on the circulation of judgments. The shortcomings are still many as well as the debate between civil and common law, but the time is ripe for a concrete project of broader inspiration, more political and less juridical. The method used in our work is based on comparative doctrine and jurisprudence on a global level. \u0000 ","PeriodicalId":295983,"journal":{"name":"American Yearbook of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126262845","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The crime of aggression and the case of Ukraine","authors":"Elizabeth Pollman","doi":"10.12681/ayil.33049","DOIUrl":"https://doi.org/10.12681/ayil.33049","url":null,"abstract":"Crime of aggression, international crisis, protection of human rights and international criminal justice are some of the notions that in last years the international community seek to find a commonly accepted basis to examine and analyze them. Particularly, the crime of aggression in recent years has changed its “face” and an attempt has been made to find application in the more stringent context of international crimes. The Ukrainian case is one of the latest examples and certainly not the last where international crimes, and the International Criminal Court must find the way to punish this atrocity as punishable crimes and as a purpose not only for the evolution of international crime law but also for the international peace and the world criminal justice. The present work tries to concretely analyze the crime of aggression in the occurrence of Ukrainian crisis and the work begun with the repression of international crimes and especially that of aggression.","PeriodicalId":295983,"journal":{"name":"American Yearbook of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123893148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Lessons from the International Law Commission to codify unilateral acts of the States. Problems, discussion and evolution of international law","authors":"Jon Neals","doi":"10.12681/ayil.33042","DOIUrl":"https://doi.org/10.12681/ayil.33042","url":null,"abstract":"This paper seeks critically and with the jurisprudential methodology of the International Court of Justice to shed light on the work carried out for many years within the International Law Commission in relation to unilateral acts. Is this a completed work, or is the codification missing? Is there arrogance of certain States that want to follow their own interests in the codification of the work completed? Is there a non-compliant silence from other States that have not taken a concrete position during the proceedings? These are some of the topics that are presented and discussed in this work. The completed work cannot be said to be a codification work, but a work in progress for the next few years. Many gaps and many problems perhaps due to the lack of international good faith. The obligation of the participating States is to take into consideration the substance and raise awareness of the importance of this work in order to be able to speak of a work far from the Vienna Convention in the coming decades but certainly of an original codification that every international convention must have.","PeriodicalId":295983,"journal":{"name":"American Yearbook of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123563589","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Art. 58 DARIO, activities of international organizations and complicity of States in the global international law","authors":"Brian King","doi":"10.12681/ayil.33038","DOIUrl":"https://doi.org/10.12681/ayil.33038","url":null,"abstract":"The subject of this paper is the complicity of the State in the offense committed by an international organization in the exercise of its regulatory function. The framework in which the case in question unfolds logically presupposes that the complicit State is part of the agreement of the body which is the author of the main conduct. We would try to examination of a question that takes on a preliminary character with respect to the one we intend to address in the following pages. This is the possibility that the main crime is supplemented by a regulatory act. We are also interested to examine the conditions under which the concurrence in the resolution of a third degree legislative act must be qualified in terms of complicity pursuant to art. 58 DARIO \u0000 ","PeriodicalId":295983,"journal":{"name":"American Yearbook of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128158170","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}