Journal of Legal Studies最新文献_第9页

The Development of Individual Criminal Responsibility Under International Law: Lessons from Nuremberg and Tokyo War Crimes Trials 国际法下个人刑事责任的发展:纽伦堡和东京战争罪审判的教训

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2020-06-01 DOI: 10.2478/jles-2020-0005

William Edward Adjei

{"title":"The Development of Individual Criminal Responsibility Under International Law: Lessons from Nuremberg and Tokyo War Crimes Trials","authors":"William Edward Adjei","doi":"10.2478/jles-2020-0005","DOIUrl":"https://doi.org/10.2478/jles-2020-0005","url":null,"abstract":"Abstract One of the most significant developments in international law was the establishment of Special Tribunals that could bring to justice individuals allegedly responsible for “grave breaches” and violations of the law against humanity. This is, undoubtedly, a recent global development that has challenged the issues of impunity and sovereignty. Since the Nazis’ atrocities and the Nuremberg trials, war crimes law has broadened its scope and has recognized a number of offenses considered as “international crimes” and which have also come to be described as “genocide”. However, although intended to put an end to the politics of impunity for the perpetrators of these crimes, a number of signatory states are reluctant to bring to justice those responsible for these defined international crimes. Indeed, the jurisprudence developed in these Special Tribunals provided an impetus for the development of the Rome Statute for the International Criminal Court (ICC). More specifically, it has been argued that war crimes and crimes against humanity are committed by men, not by abstract entities, and only by punishing individuals who commit such heinous crimes can the provisions of international law be enforced and realized. However, a perfectly reasonable case can be made that the creation of these tribunals does represent a new era in international law.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"1 1","pages":"69 - 97"},"PeriodicalIF":1.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76230846","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Legal Regalements of E-Signature 电子签署的法律规定

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2020-06-01 DOI: 10.2478/jles-2020-0006

Tea Edisherashvili

{"title":"Legal Regalements of E-Signature","authors":"Tea Edisherashvili","doi":"10.2478/jles-2020-0006","DOIUrl":"https://doi.org/10.2478/jles-2020-0006","url":null,"abstract":"Abstract The development of informative technologies, including that of the Internet, has significantly changed the human’s life. The largest portion of civil turnover has been encompassed by e-commerce. This latter is being executed through e-contracts. The e-contract from the doctrinal point of view is considered as dealt and the existence of e-signature is an essential component of its authentication, which in its turn determines the issue of existence-absence of written form. The present article is related to the issues of legal status, technical safety and reliable environment of application of e-signature. The necessity of applying the legal instrument was conditioned by the necessity of gradual disappearance of paper-based operations’ execution practice. The application of e-document turnover is justified only in case if the authentication of the document and the signature placed on it has been followed and all this has been acknowledged by the third party. Despite the various models of e-signature, for all of them, it is important to have a reliable and safe environment, for guaranteeing the safety and signer’s identity. The article shows the issues related to legal governing of e-signature according to the legislation of Georgia, also Russian Federation, Continental Europe, Common Court member states, as well as directives and guidelines developed by international organizations.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"2 1","pages":"127 - 98"},"PeriodicalIF":1.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73173605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Analysis of the Connections Between Law and Morals, Between Customs and Contemporaneity 法律与道德、习俗与时代性的关系分析

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2020-06-01 DOI: 10.2478/jles-2020-0004

Marțian Iovan

引用次数: 8

Seeking the Civilizational Ghosts: Some Remarks on Chinese and Russian Approaches to International Law Through Civilizational Values 寻找文明的幽灵:从文明价值观看中俄的国际法路径

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2019-12-05 DOI: 10.13187/rjcl.2019.2.53

B. Amarasinghe

引用次数: 0

Re-Assessment of “Claw-Back” Clauses in the Enforcement of Human and Peoples’ Rights in Africa “追回”条款在非洲执行人权和人民权利的重新评估

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2019-12-01 DOI: 10.2478/jles-2019-0006

William Edward Adjei

{"title":"Re-Assessment of “Claw-Back” Clauses in the Enforcement of Human and Peoples’ Rights in Africa","authors":"William Edward Adjei","doi":"10.2478/jles-2019-0006","DOIUrl":"https://doi.org/10.2478/jles-2019-0006","url":null,"abstract":"Abstract One of the continuing problems, which had faced the African Charter, is many of its substantive provisions that are raven with qualifications without reasonable justification. These rights guaranteed under the Charter are subject to “claw-back” clauses that are introduced by governments and public authorities thereby undermining their citizen‟s basic constitutional rights of securing fundamental freedoms. They are those rights that impose negative duty on the state and are meant to promote the values of pluralism, equality and human dignity, which should be enjoyed free from state interference. It is in the interference of these rights that commentators have frequently criticized the African Charter for rendering its protective mandate meaningless and unenforceable. With hindsight, it is evident that the foregoing critique levelled against the “claw-back” clauses under Charter is justified, as they have a chilling effect on the exercise of human and peoples‟ rights on the African continent. Such condition has produced intense academic discussion on the interpretation and implications of the rights and freedoms enshrined in the Charter. None the less, the scope and the significance of the legal measures adopted by the African Commission have minimized the impact of the clauses affected considerably. Accordingly, a strong principle of interpretation adopted by the Commission has contributed to shaping the Charter‟s legal structure in harmony with international human rights law standards.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"29 1","pages":"1 - 22"},"PeriodicalIF":1.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82044429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Significance of Death-Scene Investigation in Determining Cause and Circumstances of Medico-Legal Death 死亡现场调查在确定法医死亡原因和死亡情节中的意义

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2019-12-01 DOI: 10.2478/jles-2019-0009

Corina Crisan

{"title":"The Significance of Death-Scene Investigation in Determining Cause and Circumstances of Medico-Legal Death","authors":"Corina Crisan","doi":"10.2478/jles-2019-0009","DOIUrl":"https://doi.org/10.2478/jles-2019-0009","url":null,"abstract":"Abstract The article presents two cases of the Arad Medico-Legal Department illustrating just a part of the role of the forensic pathologist at the death scene but there are sufficient to fully justify the importance of this investigation as no example can comprise the complexity of problems and the particularity of each case, nor a statistic can be made. Both cases were found dead at home and forensically autopsied, but the two of them were distinct in terms of forensic pathologist's request death scene participation. In the first case, the autopsy did not find traumatic lesions, but revealed that the death was due to massive hemoptysis caused by cavernous tuberculosis with subsequent exsanguination, microscopically confirmed. The death was nonviolent. In the second case, the autopsy revealed findings of mechanical asphyxia due to neck compression, both macroscopically and microscopically. The death was violent. In both cases the forensic expert participation is required at the death-scene. In the first case it allowed the correct interpretation of the traces of blood found on site, and in the second case, an onsite research would have properly helped for restoring the death‟s occurrence. The scene investigation and autopsy provide, together, the basis for an accurate determination of cause and circumstances of death.","PeriodicalId":47756,"journal":{"name":"Journal of Legal Studies","volume":"67 1","pages":"53 - 62"},"PeriodicalIF":1.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91110648","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Limitation of Claims in Polish and Ukrainian Civil Code Against the Background of the Principles of European Contract Law and the German Civil Code 从欧洲合同法和德国民法典的原则看波兰民法典和乌克兰民法典中的赔偿限制

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2019-12-01 DOI: 10.2478/jles-2019-0010

S. Buletsa, P. Zakrzewski

引用次数: 1

Euthanasia: Theoretical and Legal Principles 安乐死:理论和法律原则

IF 1 3区社会学

Journal of Legal Studies Pub Date : 2019-12-01 DOI: 10.2478/jles-2019-0008

M. Hromovchuk, D. Byelov

引用次数: 0

The Romanian Prezidentialized Consultative Referendum. Eating Apples from a Poisonous Tree? Personal and Teleological Interpretations 罗马尼亚的全民公决。吃毒树上的苹果?个人和目的论解释