...MARINE ENVIRONMENT LAWS IN MALAYSIA DEVELOPMENT AND COMPLIANCE Outline of Presentation • Introduction • Objectives of Study • Methodology • Development of Marine Environment Laws in Malaysia • Compliance with Marine Environment Laws in Malaysia • Conclusions Introduction – Environmental Law • Body of international convention, domestic statutes • • • or laws, state or provincial ordinances and local government bylaws that govern human activities which impact the environment. Established to: - avoid tragedy of the commons - eliminate free riders in environmental protection and control of pollution And in response to: - the growing development of environmental ethics - the changing requirement of international law Tool for implementing policies Objectives of Study • Examine marine environment laws in Malaysia in terms of its development and its coverage; • Assess the level of compliance with marine environment laws in Malaysia and what it means in terms of environmental management; and • Identify means to promote compliance with environmental laws. Research Questions • How has marine environmental law in Malaysia changed over the years? • Are our laws adequate in dealing with marine environment issues? • What is the level of compliance with our marine environment laws? • Can the compliance level be improved? • What are the factors which drive environmental law development in Malaysia? Methodology •...
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...Running Head: International Law International Law Nathaniel Coakley Troy University IR 5552 Dr. James F. Rinehart April 29, 2011 6407 FLATROCK RD #4 COLUMBUS, GA 31907 According to Slomanson, International Law is defined as the body rules that which nations consider binding in their mutual relations. It is assumed that all nations or states mentioned in this definition are a sovereign state. International Law has become much broader in scope with the increase of non-government organizations, the increase globalization, and the rising behavior of multinationals. This paper will describe what is International Law and its purpose. It will answer two important questions. The first being, is International Law a fundamental requirement of a modern, increasingly independent global system of states and non-states actors? The second question, does international law prevent from pursing its self-interest. Before we can really look at International we must compare it to Domestic Law and identify the differences between the two. The first difference is that Domestic Laws operate within the borders of a single state. Whereas, International Law operates on much broader scope than Domestic Law does. The second difference, there is no definite body in International Law. However, Domestic Law can be referred as the guidelines that summarize the union between the government and the citizens. The third difference between Domestic and International Law is in International...
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...Handbook on International Moot Court Competitions Preparation & Research Methodology This Handbook is intended to serve as a starting point in the preparation for International Moot Court Competitions. In doing so, it explains what international mooting is, the research methodology involved and the most useful resources available for its preparation. It also provides for the approach one needs to adopt in both oral and written requirements of an international competition which significantly differ from national mooting. The objective behind providing this Handbook is the institutionalisation of standard mooting practices. To this end, it documents the most commonly agreed to and widely followed methods of mooting. It needs to be emphasised that this Handbook is not exhaustive on the areas it touches upon. It is presumed and expected that the reader would go well beyond this Handbook in the course of his/her preparation. The following words of Oscar Wilde express this quite succinctly "Education is an admirable thing, but it is well to remember from time to time that that which is worth knowing cannot be taught." Contents 1. Areas of Law involved 2. Difference between International Law & Municipal Law 3. Difference between International Law Dispute Resolution and Municipal Law Adjudication 4. Steps involved in International Law Moot research 5. Sources of International Law 6. Research resources for various sources of International...
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...------------------------------------------------- Team 129R 5th National Law School International Arbitration Moot Court Competition, 2012 ------------------------------------------------- ------------------------------------------------- In the matter of an Arbitration at, Somali City, Democratic Republic of Calona under the Calona-Nolania Bilateral Investment Treaty ------------------------------------------------- Wayne Electronics.........................................................................................................Claimant v. Democratic Republic of Calona……........................................................................Respondent ------------------------------------------------- (Arb/Cas/12/35) ------------------------------------------------- ------------------------------------------------- Memorandum for Respondent ------------------------------------------------- Table of Contents Table of Abbreviations I Index of Authorities IV Statement of Jurisdiction XI Statement of Facts XII Questions Presented XV Summary of Pleadings XVI Arguments Advanced 1 I. The Tribunal Does Not Have Jurisdiction Over The Claims Brought Before It. 1 A. The undertaking of the Claimant does not amount to an investment. 1 B. The Tribunal does not have jurisdiction over contractual matters. 2 1. The Tribunal does not have jurisdiction over contractual disputes because of an exclusive dispute resolution clause...
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...AN INTRODUCTION TO INTERNATIONAL LAW "The case against historical objectivity is like the case against international law, that it does not exist" (Sir Isaiah Berlin) International law exists, although it is true it suffers from serious problems relating to foundational concepts of justice and reciprocity and is the subject of unfortunate neglect by scholars. The ALE (American Law Institute) defines international law as "law that deals with the conduct of states and of international organizations and with their relations inter se [among themselves], as well as some of their relations with persons, whether natural or juridical" (Buergenthal & Murphy 2002). More elegant definitions can be found, such as the common one where it can be described as "law that deals with the relationships between states, or between persons or entities in different states." Even simpler definitions can be found reducing it to "laws governing relations between nations." There's an unfortunate tendency for the simplest of definitions to focus only on nation-states, as if nation-state relationships were the only thing that mattered, but the fact is that any entity (even a corporation or a person) which possesses "international personality" is subject to international law. This is important because without including international organizations or personalities, there would be no basis for international trade law, international humanitarian law, or international human rights law. If one's purpose...
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...ENRICA LEXIE INCIDENT: INTERNATIONAL CASE BETWEEN ITALY AND INDIA Author: Manuele Scardaccio The Enrica Lexie incident of 15 February 2012, off the coast of Kerala had attracted unprecedented attention in all the world. The legal issues involved in bringing the Italian marines to justice for the killing of two Indian fishermen on board an Indian fishing boat in a shoot-out from Enrica Lexie, an Italian flagged commercial boat, in the contiguous zone of India had been the subject matter of legal dispute before the Kerala High Court and the Supreme Court of India. The judgments of both Kerala High Court and the Supreme Court of India in regard to the Enrica Lexie incident dealt with the legal aspects of coastal state jurisdiction and the sovereign immunity available to the Italian marines under international law and the national law extensively. The views of the Supreme court on the coastal state jurisdiction with regard to Enrica Lexie incident appears to be final, despite the Court having allowed the Italian marines to re- agitate the jurisdiction issue in the Special Court, which will try the crimes committed by the Italian marines from Enrica Lexie . The investigation of the Enrica Lexie incident is now destined to go to the Special Court once the investigation is completed and charges are laid. The legal aspects of other post judgment developments such as Italy’s initial refusal to send back the Italian marines for trial in India and the consequential order of the Supreme...
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...* International law * The new millennium * International vs. national * Codification * Natural law * Sovereignty * International conflict Sources of international law * Judicial decisions and the teachings of the most qualified publicists in the various nations * International conventions * International customs as evidence of a general practice accepted as law * General principles recognized by civilized nations International treaties and conventions Treaties | Conventions | Considered more serious in scope and function than conventions (for example, peace treaties and border treaties) | Sponsored by an international organization | Must be ratified by the states involved | Negotiated issues are often included in the title | International customs General practices are accepted as law: * Majority of world states recognize the authority of international customs * Must provide evidence of general practice * Accepted as law even if they are not codified (if practiced consistently over time by a majority of world states and if the custom is based in universal morality) General principles of law * What general principles are recognized by all legal systems? * Natural justice * Due process Subsidiary and other sources of international law * Subsidiary Sources * Judicial decisions * Juristic writings * Other Sources * Arbitration * Acts of international...
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...aims to give an accessible introduction to an area of law that is the subject of change or public debate. International law 1 overview What is international law? – difference between international law and domestic law – Why do States obey international law? – subjects of international law – How do international law and domestic law interact? 4 sources of international law Jus cogens – international conventions and treaties – Australian treaty practice – custom – general principles of law – judicial decisions and writings of publicists – ‘hard law’ and ‘soft law’. 8 states What is a State? – rights of States – self-determination – creation and recognition of new States – case studies. AUTHOR NOTE: Jane Stratton currently leads corporate social responsibility programs in a leading Sydney law firm, teaches law students at a Sydney university and independently, undertakes community development projects in Western Sydney. Her work has included legal and policy roles in the Public Interest Advocacy Centre, the Australian Human Rights Commission, UN High Commission for Refugees and the ICTY. She has experience in litigious and political advocacy. Jane holds qualifications in law (Honours) and in Arts (Honours) from ANU and a Masters of Law from New York University. ACKNOWLEDGMENT: The publisher would like to thank Dr Ben Saul, Director, Sydney Centre for International and Global Law, for reading and commenting on the text. DESIGN: Bodoni...
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...Addressing International Legal and Ethical Issues Simulation Summary LAW/421 March 26, 2013 Addressing International Legal and Ethical Issues Simulation Summary The simulation “Addressing International Legal and Ethical Issues” discusses the contract between CadMex, a United States pharmaceutical company based in Tampa, Florida with Gentura, a biotechnology company based in the small, developing country of Candore. Explicitly defining contract terms is imperative. Even with international courts, the interpretation and enforcement of international law is sometimes based on expectations of reciprocal behavior rather than legal sanctions (Melvin, 2011). Factors in the resolution of legal problems in international transactions include political situations, international laws, cultural issues, contractual issues, local laws of the other country, and the forum selection clause. There are many considerations when legal action is taken against a partner in business in another country. One must look at the government of the country and if the country is a member of the World Trade Organization (WTO). Candore is a dictatorship, which would have an effect on legal proceeding in that country. The political and economic climate should be considered along with religious and cultural issues. Another consideration is to have an attorney from the other country to counsel and interpret their laws. The contract must specify the laws that will govern (American, local, or popular international)...
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...THE RENATIONALIZATION OF YPF UNDER INTERNATIONAL LAW; A CASE STUDY Nina van Limburg Stirum Brouwersgracht 48-1, 1013GX Amsterdam 0621500446 Ninavls@hotmail.com 10127305 Bachelor essay supervisor: Jim Mathis Contents THE RENATIONALIZATION OF YPF UNDER INTERNATIONAL LAW; A CASE STUDY Introduction 3 Chapter 1: Expropriation and Nationalization in general 3 Chapter 2: Nationalization under international law 5 1: Public Purpose 6 2: Discrimination 7 3: Due Process 8 4: Compensation 9 Investment Treaties 9 Chapter 3: YPF; Yacimientos Petrolíferos Fiscales 13 Short history 13 April 2012 14 Chapter 4: Nationalization of YPF under international law 15 Access to the ICSID 17 Application of the law 18 Ad. 1: Public interest 18 Ad. 2: Discriminatory measures 19 Ad. 3:In accordance with the law (Due process) 20 Ad. 4: Adequate compensation 20 Conclusion 23 Bibliography 24 Introduction On the 16th April 2012 Argentine president Cristina Fernandez de Kirchner stated that her government was going to renationalize 51 per cent of the 58 per cent share of Yacimientos Petrolíferos Fiscales (YPF) owned by Repsol. YPF is the biggest Argentine oil company, since 1999 partly owned by the Spanish multinational Repsol. After months of negotiations the Argentine government accused Repsol of not investing sufficiently in YPF to maintain or recover reserves. Due to Repsol’s alleged neglect towards YPF the country...
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...Diplomatic Law Answer in a written paragraph your answer to the following question you receive from a friend at a legal department of a Spanish bank where a Latin American republic was asking for a mortgage to buy a building in Madrid to establish a new embassy: "Should we concede this loan with a mortgage?" Topic: Should a foreign state provide a mortgage for a diplomatic mission of another foreign state? Until the beginning of the 20th Century was generally recognized the principle of international law according to which foreign states cannot be sued in courts of a foreign country (the principle of absolute immunity). This has proven to be unsustainable due to increasing economic activities of public authorities. It has been abandoned by most jurisdictions. In Germany for example the principle of limited immunity is now practiced since the beginning of the 1960s. Therefore foreign States only enjoy immunity when they act in the name of their sovereignty (acta iure imperii). For claims arising from economic activity (acta iure gestionis) the foreign state cannot rely on its freedom of jurisdiction. This can certainly be seen in a mortgage, because in international law not the purpose of government action, but the nature of the action determines whether it is a actum jure imperii or iure gestionis. So there is generally a private law relationship between the bank and the ambassador, as a representative of the country. With the threat of payment default, the bank...
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...increasing rates of casualties have drawn attention of the international policy makers. This has led to donor governments examining practical ways applicable in promoting operational security to support humanitarian action. Crises subject populations to forced displacement, and violence. Among the challenges associated with the humanitarian crisis, is lack of access to basic needs by the affected population and inadequate access to information by the aid providers. In addition, crises alter the cultural and social structures that affect the statuses of the men, women, and children in the society (Olsen, Carstensen, and Høyen). Basic principles of International Humanitarian Law International humanitarian law consists of rules used in times of armed conflicts to protect the victims of hostilities. The laws also restrict the methods of warfare employed during such situations. Humanity is one of the basic principles of international humanitarian law. The principle focuses on addressing suffering in the affected regions. It ensures the provision of emergency care to the affected populations wherever found. This results in protection of health and life of the affected populations. Principle of humanity ensures respect for a human being and promotion of their optimal health and wellbeing (van der Merwe). Impartiality, which is the second basic principle of the international humanitarian law, focuses on prioritizing needs of the population in crisis...
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...Introduction to International Relations Week 1 Basic Introduction Week 2 Mini Debate: Drugs in North America Western European State System – Sovereign State System * Westphalia Treaty: The peace treaty of 1648 - War on legitimacy between the Protestants and the Catholics - Holy Roman Emperor (monarch) and the Pope (religiously) ruled * Peace conference (commenced in 1645 in Munster and Osnabruck, the world’s first large scale international conference) * Significance: From a world of religious discrimination to a secular state= toward the acceptance of multiple religious and secular authorities 1. Demise of universalism within Christianity 2. Establishment of sovereign state Requirements to be a country- * Defined Territory * People (Settled Citizens) * Effective Government (able to legitimately exercise sovereignty) * Diplomatic recognition Social Ostracism, ROC and PRC, Vietnam War, De Facto and De Jure Three pillars of sovereign state- 1. Sovereignty: basic right of state 2. International Laws: normative regulation on relationship between states 3. Balance of Power: adjustment of substantive interests, function for survival and preservation of state Hugo Grotius (Father of International Law), Napoleon War, Balance of Power – Classical and Modern Sense, Expansion of scope of international law Peace Treaties Civilized State Classical – Balance of Power Hegemon ...
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...by asserting their sovereignty which they believed to be threatened by increasing Western involvement. The US and the rest of the international community responded by seeking conflict in Afghanistan, cooperating in order to further the long-term mutual interests of NATO and the UN's member nations by reinstating the international regime of anti-terrorism established by the UN (UN Actions to Counter Terrorism). Additionally, when examining the potential long-term benefits for joint international action (something that...
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...I. INTRODUCTION The main instruments of International Humanitarian Law (hereafter referred to as IHL) are the four Geneva Conventions of 12 August 19491 for the protection of war victims. These treaties which are universally accepted, protect the wounded, the sick, prisoners of war and civilians in enemy hands. They also protect medical services personnel such as medical personnel, medical units and establishments, and medical means of transport. As a matter of fact this kind of concern for the humanitarian aspect can be found in our ancient epics like the Mahabharata, where the rules of conduct of war as to the timing of attack and the prohibition attacking the unarmed were strictly laid down. The laws of Manu, a compilation of encyclopedic scope, which the British Professor Duncan M. Derrett a known authority on Hindu Law describes as a text "which constitutes India's greatest achievement in the field of jurisprudence" and regards this work as one of the world's premier compositions in ancient law, more valuable in every sense than Hammurabi and able to hold its own in comparison to the covenant and Priestly codes of Moses2 . Manu, while describing the duties of a King, warns against unusual cruelty even against an enemy in warfare, and has this to say, "fighting in a battle, he should not kill his enemies with weapons that are concealed, barbed, or smeared with poison or whose points blaze with fire. He should not kill anyone who has climbed on a...
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