International Agreements Concluded by Germany in 2019

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  • 10.5937/zrpfni1879331t
Status Republike Srbije u savremenim međunarodnim ugovorima u oblasti životne sredine i ustavi (1974-2006)
  • Jan 1, 2018
  • Zbornik radova Pravnog fakulteta Nis
  • Dragoljub Todić

The introductory part of the paper points to an increase in the importance of international environmental agreements, as well as their significance for the Republic of Serbia (RS). The central part of the paper studies the RS status in international environmental agreements. A distinction is made between the representation of membership in the international agreements before and after 2006 (the adoption of a new constitution and gaining independence). The constitutional and legal provisions pertinent for regulating the conclusion and execution of international agreements in the period from 1974 are evaluated. The author also emphasizes constitutional provisions of importance for the environment. The analysis is based on the key international agreements of a global character (primarily those whose depository is the UN Secretary General), regional international agreements concluded within the UN Economic Commission for Europe (UNECE), as well as sub-regional international agreements of relevance to the RS. An overview of international environmental agreements that the RS is currently not a member of is also provided. In the conclusion, it is noted that the RS obtained its membership in part of international environmental agreements on the basis of its succession, although the intensification of activities in the field of confirming key international agreements followed in the period after 2006. Such trend could also be related to the normalization of the RS international position (following the international isolation in the last decade of the 20th century), as well as the beginning of the RS's EU integration process.

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  • 10.61511/eaebjol.v1i1.2023.74
The urgency of the approval of the people's representative council related to the ratification of international trade agreements (analysis of decision of mk-13-puu-xvi-2018)
  • Jul 30, 2023
  • Ex Aequo Et Bono Journal Of Law
  • Diva Pitaloka

The community feels they are not included in the determination to express consent (consent to be bound) in international trade agreements. The HOUSE OF REPRESENTATIVES is an extension of the people's hand, so the government should ask for the people's approval when deciding to participate in international agreements, especially related to trade. The people's sovereignty must be upheld in a democratic country so that the government cannot ignore the participation of the people. This problem lies in Article 11 of the 1945 Constitution and Article 10 of Law No. 24 of 2000. This article will examine in more depth whether it needs to be included in the criteria for approval by law related to international trade agreements. And is it true that the articles submitted in the petitum of the NGO to the Constitutional Court contradict the 1945 Constitution? This research is a normative legal research with a statutory and conceptual approach. The technique of gathering legal material is carried out by reviewing related literature and analyzing various legal references relevant to the problem under study for further analysis qualitatively and descriptively. This is done by implementing an in-depth and holistic review of multiple connections and evaluating legal materials related to issues. The study results show that all international agreements that have a broad impact, one of which is international trade agreements, should be approved by the House of Representatives in determining whether to participate in the contract. The articles in the petite submitted by NGOs are partly unconstitutional, and finally, international trade agreements should be ratified through law. Ratification, Approval of the House of Representatives, Decision of the Constitutional Court.

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Уніфікація колізійних норм у сфері спадкових відносин
  • Jan 1, 1970
  • Law Review of Kyiv University of Law
  • Mariya Mykhailiv

У статті досліджуються питання, пов’язані із проблемами уніфікації колізійних норм у сфері міжнародних спадкових відносин. Проаналізовані підходи до поняття та правової природи уніфікації норм в міжнародному приватному праві. Висвітлено актуальні проблеми колізійного регулювання спадкових відносин за допомогою багатосторонніх міжнародних договорів. Особливу увагу приділено проблемам колізійного регулювання питань спадкування у міжнародних договорах про правову допомогу з цивільних правовідносин. З метою належного регулювання спадкових відносин з іноземним елементом запропоновано і надалі продовжувати проводити уніфікацію колізійних норм у сфері спадкування.

  • Research Article
  • 10.30582/kdps.2022.35.2.45
국내 저작권법과 국제조약상 공중송신 개념의 비교에 관한 연구
  • Jun 30, 2022
  • Korea Copyright Commission
  • Sechang Kim

The development of the concept of ‘Communication to the Public’ has been hand in hand with the development of communication technology. In the Berne Convention, the first international copyright treaty, the concept appeared in the Roman Revision Conference in 1920 and was established through various discussions, and it was also expanded in the WIPO Internet Treaty to regulate the use of works in the Internet environment. Since Korea joined the Berne Convention in 1996, Korean Copyright Act has been revised three times, establishing the concept of ‘Public Transmission’ and implementing provisions related to ‘Communication to the Public’. However, there are some differences between the concept of ‘public transmission’ and sub-concepts in Korean Copyright ACT and the concepts related to ‘Communication to the Public’ in international treaties. According to international treaties, provision of ‘Making Available to the Public’ is limited to the act of making users to access the work at a individual time and place regardless of whether the work is transmitted or not. However, in the case of Korea’s ‘interactive transmission’, the range is relatively wider as it also includes transmissions made together with the user’s request for initiation. Broadcasting refers to wireless transmission according to international treaty, but the concept of broadcasting in Korea does include both wired and wireless one. Accordingly, the scope of ‘Broadcasting Organization’ is different. In the case of ‘digital audio transmission’, the concept is not found in international treaties. Accordingly, there was also an issue of whether ‘digital image transmission’, which is interpreted in the scope of use, provision or public transmission under international treaties, belongs to ‘broadcasting’ and whether it falls under ‘other public transmissions’. In this paper, the concept of communication to the public delivery in international treaties is was first analyzed. For the comparison of the concept in international treaties, this paper analyzes the concept in the Berne Convention, WCT, and WPPT. Next, Korea’s ‘Public Transmission’ is was analyzed in the same way and compared with international treaties. Although Korean copyright law fully implements international treaties, it has been confirmed that there are some differences between concepts. And finally, an improvement plan was presented to overcome the problems caused by the differences.

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The Existence of International Agreements on National and Regional Legislation Related to Handling Marine Plastic Waste in Indonesia
  • Nov 30, 2023
  • International Journal of Law and Politics Studies
  • Andreas Pramudianto

Indonesia has ratified international environmental agreements such as the Marine Pollution Convention (MARPOL) 1973/1978, the United Nations Convention on the Law of the Sea (UNCLOS) 1982, the Basel Convention on the Control of Transboundary. Movements of Hazardous Wastes and their Disposal (Basel) 1989, United Nations Convention on Biological Diversity (UNCBD) 1992, United Nations Framework Convention on Climate Change (UNFCCC) 1992, Persistent Organic Pollutants (POPs) Convention, 2001 and several other international agreements. The international agreement has also laid down norms related to plastic waste in the ocean, although they are very limited. For Indonesia, after the ratification of the international agreement, follow-up steps are needed from legislative, administrative, and institutional aspects to funding through laws and regulations. On the other hand, the process of negotiating international agreements regarding plastic waste in the sea is still ongoing. Therefore, it will also be seen how Indonesia's role and the relationship between the draft zero draft international plastic waste agreement and existing international agreements. This article aims to find out and examine the existence of existing and future international agreements and how they affect the national and regional levels, especially those related to plastic waste in the sea. Therefore, various ratification processes, the formation of laws and regulations, institutions, administration, funding, and other actions related to the issue of plastic waste in the sea in Indonesia will be studied. In general, this article has shown that in Indonesia, there are already regulations to implement international agreements both ratified and synchronized with the draft Global Plastic Treaty that is being made. The conclusion shows that the Government of Indonesia has a strong commitment to the existence of international agreements related to plastic waste in the sea. The recommendation or suggestion is that existing or ongoing international agreements should be able to provide benefits for the welfare of the Indonesian people.

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  • Cite Count Icon 2
  • 10.47772/ijriss.2024.806047
Examining the Effectiveness of International Climate Agreements in Fostering Global Cooperation and Collective Action Towards Climate Change Mitigation in Nigeria
  • Jan 1, 2024
  • International Journal of Research and Innovation in Social Science
  • Oluwatoni Honour Afinjuomo + 1 more

This paper aims to examine the role of international climate agreements in encouraging cooperative action and facilitating climate-change mitigation efforts in Nigeria. It begins by underscoring the pressing necessity of addressing climate change as one of the most significant challenges confronting humanity in the 21st century. It emphasizes the vital role of international climate agreements in reducing greenhouse gas emissions, promoting sustainable growth, and supporting vulnerable nations in mitigating the consequences of climate change. Given that Nigeria is highly susceptible to the adverse effects of climate change, it is exposed to significant risks to the environment, economy, and socioeconomic development. This paper discusses Nigeria’s commitment to climate change mitigation through its participation in international agreements such as the UNFCCC and the Paris Agreement. It evaluates Nigeria’s progress in implementing climate change mitigation strategies and collaborative efforts with global partners. Furthermore, the concept of collective action theory is introduced, highlighting its relevance in tackling global challenges such as climate change. Additionally, this paper emphasizes that collective action is essential in addressing climate change, as it entails cooperative efforts among individuals, groups, and countries to achieve common objectives. It delves into how collective action theory provides valuable insights into the efficacy of international climate agreements and the need for international collaboration to develop comprehensive solutions. This paper identifies the factors that influence the success or failure of climate agreements in Nigeria and underscores the importance of in-depth studies to comprehend their impact on international partnerships and collective action. It concludes by discussing the implications of the research findings for future policy and decision-making, to contribute to more effective global climate change mitigation strategies. Climate change has emerged as one of the most pressing challenges faced by humanity in the 21st century. Its impact is far-reaching, affecting ecosystems, economies, and human well-being worldwide. Recognizing the urgency of addressing this global issue, international climate agreements have been established to foster global cooperation and collective action.[1]These agreements aim at mitigating climate change by reducing greenhouse gas emissions, promoting sustainable development, and supporting vulnerable nations in adapting to climate change. In Nigeria, a country highly vulnerable to climate change impacts, it is crucial to examine the effectiveness of international climate agreements in fostering collective action and facilitating climate-change mitigation efforts.[2] Nigeria, located in West Africa, is particularly susceptible to climate-related risks such as rising temperatures, increased frequency and intensity of extreme weather events, sea-level rise, and desertification.[3]These challenges pose significant threats to the country’s agriculture, water resources, health systems, and overall socioeconomic stability.[4] To reduce the effects of climate change, nations must work together and take coordinated action. International climate agreements are essential for promoting cooperation among nations and for group efforts to mitigate climate change. These agreements provide forums for nations to coordinate efforts to cut greenhouse gas emissions, prepare for climate change, set goals, and share resources and expertise.[5] Nigeria has acknowledged the significance of taking part in these agreements and implementing sustainable policies to address the climate crisis, given its status as a developing country that is extremely vulnerable to the effects of climate change.[6] The issue is that there is currently a dearth of in-depth studies that carefully examine how international climate agreements affect international collaboration and group action, particularly in Nigeria.[7]It is imperative for policymakers, researchers, and stakeholders engaged in climate change mitigation initiatives in Nigeria to understand the efficacy of these agreements.[8] This paper offers important insights into boosting the efficacy of international climate agreements in Nigeria and eventually contributing to more successful global climate change mitigation strategies by identifying the strengths, weaknesses, and areas for improvement.

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  • 10.18524/2411-2054.2021.43.241000
INTERNATIONAL AGREEMENTS AS A SOURCE OF INTERNATIONAL FINANCIAL LAW
  • Oct 26, 2021
  • Constitutional State
  • O R Vaitsekhovska

The article under studies is a legal analysis of the international contractual lawmaking in the field of finance. It lays particular emphasis on the role of international financial agreements in forming the international financial order enforcement. The article contains a classification of international agreements, which directly or indirectly aim at regulating financial relations according to the following criteria: 1) the subject of legal regulations; 2) the legal status of the parties that conclude an international agreement; 3) the number of the parties in an international agreement. In addition, the paper under discussion analyzes the contents of the statutes of certain international financial organizations, whose norms play a significant role for the legal-normative constituent of the international financial order enforcement. The research indicates that in compliance with the nature of the irfunctions and the number of the parties, international financial agreements are divided into: A) the international agreements, which set up the legal basics and a single procedure of the inter-state relations in a certain field of activities of the international financial relations (the fields of currency relations, settlement relations, countering terrorism financing, etc.) andserveas a basis for concluding other agreements in a respective area: 1) the international agreements that aim at coordinating states in the international financial relations (statutes of the international financial organizations); 2) the international agreements that have a mixed legal nature in the context of the ultimate legal entities, to which most of the provisions of the agreement are directed. Such inter-state agreements make the states fulfil their obligations by implementing the international norms into their national legislations, which concern the financial relations between legal and juridical persons. B) The international agreements, which contain individually determined financial norms (on the issues of financing, investing, etc.).

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CONSISTENCY OF INDONESIA'S INTERNATIONAL TREATY IMPLEMENTATION IN THE FIELD OF INVESTMENT IN THE NATIONAL LEGAL SYSTEM: A POLITICAL PERSPECTIVE OF LAW TO REALIZE COMMUNITY WELFARE
  • Nov 27, 2023
  • UNTAG Law Review
  • Eva Arief

This research examines the issue of consistency in the implementation of Indonesia's international agreements in the field of investment in Indonesia's national legal system, with a focus on achieving public welfare. The political implementation of Indonesian International Treaties in the field of investment into national law is divided into two periods. The period before the Constitutional Court Decision Number 13/PUU-XVI/2018 and the subsequent period. The court decision mainly talks about how to ratify an international treaty. Article 2 of Law No. 24/2000 on International Agreements states that ratification of international agreements is done in two ways, namely ratification by passing a law by the Parliament and ratification by issuing a presidential regulation by the President. Ratification through parliament if an international agreement has a broad and fundamental impact on the livelihood of the people related to the financial burden of the state and or requires amendments to the law as stipulated in article 11 paragraph (2) of the 1945 Constitution. Meanwhile, the position of international agreements in the field of investment, based on Article 11 (2), the ratification of International Agreements is based on Presidential Regulations. At the same time, there are international investment agreements whose material can have a broad and fundamental impact on people's lives, so the absence of parliamentary control can lead to inequality and potential negative impacts on people's welfare. Through normative legal research methods, the findings show that foreign investment must provide the maximum benefit for economic development and public welfare, and the ratification of international investment agreements can be done either through presidential regulations or legislation by passing a law

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  • 10.26668/2448-3931_conpedilawreview/2015.v1i16.218
Os Tratados Internacionais de Direito Tributário no Direito Brasileiro
  • Jun 7, 2016
  • Conpedi Law Review
  • Milena Zampieri Sellmann

International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.

  • Single Book
  • Cite Count Icon 18
  • 10.1093/oso/9780198293293.001.0001
Environmental Policy, International Agreements, and International Trade
  • Jul 12, 2001

This timely collection explores the highly topical area of international trade agreements and environmental policy. It focuses in particular on two key aspects of the international dimension of environmental policy: with trans-frontier environmental problems, such as climate change and acid rain, it is necessary for countries to enter into international environmental agreements to overcome incentives for free-riding; and even if pollution were simply a domestic concern, countries are linked via trade, thus environmental policies will impact upon the international competitiveness of certain sectors of an economy. The individual chapters fall into four Parts, which attempt to answer the following questions: 1. How can international environmental agreements be designed to increase the number of countries that might join such agreements? 2. If it is possible to reach an environmental agreement among only a small number of countries, how should environmental policies by the parties to the agreement be designed to reduce the extent to which reductions in pollution by the signatories are offset by increases in emissions by non-signatory countries? 3. When a country increases the stringency of its environmental policies, are the impacts on trade and welfare larger when account is taken of scale economies and imperfect competition in international markets than was thought to be the case from earlier studies based on the assumption of competitive markets for international trade? 4. Do national governments have incentives to distort their environmental policies to gain strategic advantage, and if so, what form might this take and what does this imply about the sovereignty of nations in choosing environmental policies? Employing both theoretical analysis and empirical modelling, "Environmental Policy, International Agreements, and International Trade" aims to advance understanding of some of the key issues surrounding the links between trade and the environment. It will appeal to all those with an interest in environmental issues and international trade.

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  • 10.24144/2307-3322.2021.67.7
Regulatory mechanism for ensuring the fulfillment of human and civil responsibilities
  • Jan 16, 2022
  • Uzhhorod National University Herald. Series: Law
  • S M Hretsa

The article analyzes the norms of international human rights treaties of a universal nature, of which Ukraine is a member or participant. It has been proved that international human rights treaties of a universal nature are a structural element of the legal mechanism for ensuring the fulfillment of human and civil responsibilities. Among such international treaties are those that contain the responsibilities of man and citizen, as well as enshrine the need for the State party to create an effective regulatory mechanism to ensure the implementation of these responsibilities: the Universal Declaration of Human Rights (Article 1, Article 29), International Covenant on Civil and Political Rights (art. 19, art. 24), International Covenant on Economic, Social and Cultural Rights (Preamble), 1989 Convention on the Rights of the Child (art. 7). It is noted that the states parties to these international human rights treaties have undertaken to establish effective national mechanisms to ensure the fulfillment of the obligations of man and citizen enshrined in these treaties and must fulfill these obligations in good faith by improving national legislation (especially all - constitutional) and the practice of its application. Emphasis is also placed on the draft Universal Declaration of Human Responsibilities and its norms. It is argued that the structural elements of the legal mechanism to ensure the fulfillment of human and civil responsibilities are international law, general principles of law recognized by all nations, the following supporting sources: international court decisions, doctrinal works of the most qualified specialists in international law. It is stated that the performance of the duties of a person and a citizen should not contradict the goals and principles of the United Nations. It is concluded that international human rights treaties of a universal nature apply a universal approach to consolidating the responsibilities of man and citizen.

  • Research Article
  • 10.56461/spz17203t
INTERNATIONAL ENVIRONMENTAL TRATIES AND CAUSES OF (IN)EFFICIENCY
  • Apr 30, 2017
  • Strani pravni život
  • Dragoljub Todić

In the contemporary literature dealing with international environmental law a significant number of papers is devoted to criticism on account of efficiency of international environmental treaties. The purpose of this paper is to show the various factors and causes of (in) efficiency of these international treaties. In the first part of paper the importance of international environmental treaties, as a source of law, is emphasized. Other sources of the international environmental law are pointed out, too. In the main part of the paper methodological issues and criteria for measurements of effectiveness and the causes of (in) efficiency of international environmental treaties are discussed. Paper provides an overview of the problems that affect the achievement of goals. Some international treaties which achieved the prescribed objectives, as well as some which did not meet the objectives are mentioned. It is noted that there are several different factors that determine the possibilities of achieving the goals of international environmental treaties.

  • Research Article
  • Cite Count Icon 1
  • 10.33663/1563-3349-2022-33-227-235
The legal vow, the oath and the treaty in the political and legal everyday life of the East Slavic state formations of the X‒XIV centuries
  • Sep 1, 2022
  • Yearly journal of scientific articles “Pravova derzhava”
  • Yevhen Rominskyi

The research is devoted to the problems of law-making treaties and the breadth of their distribution in the East Slavic state formations of the X‒XIV centuries. The need to study the terms vow and oath is related to the peculiarities of their own Old Rus terminology, where the words denoting the vow (swearing, “khrestne ciluvannya»), oath («rota», «khodyty do roty») and treaty (“ryad”, “ryad polojiti”) are used on the meaning of the same phenomena. By swearing an oath on the terms of the treaty. Therefore, all three terms should be used, although in general it is a single phenomenon. The most studied among all law-making treaties of East Slavic state formations of the X‒XIV centuries. there are international treaties that make up a large array of both original texts and their copies, extracts from treaty texts, as well as mentions of such treaties in chronicles. About 200 treaties are known, of which several dozen have remained more or less complete. A separate independent group among international treaties are peace treaties, both because of their content and in the fact that these treaties are almost impossible to divide into international and inter-princely. Another large and fairly well-studied group of law-making treaties are interprincely treaties. The division of groups of international and inter-princely treaties is partly extremely diffi cult, as their individual varieties are almost identical. Exclusively among the inter-princely should include: a) treaties, the rules of which were of all-Rus (or common to the principality) meaning, establishing universally binding rules (common name at the time ‒ «na ustruyeniye mira») and b) treaties, which enshrined the terms of princely rule. Territorially, inter-princely treaties were spread in all areas of East Slavic state formations of the X‒XIV centuries, both during the reign of the Rurikoviches and during the reign of the fi rst Gedeminovichs. It should be noted that international treaties are usually referred to in the sources as treaties (“ryad”), and inter-princely treaties are more based on the oaths that binded their conclusion («khrestne ciluvannya», «rota»). Therefore, in historical science, they received another name ‒ «Khrestociluval’ni gramoty». Two large blocks of treaties are the treaties of princes with their subjects. A distinction should be made between the political treaties of princes and the “viche”, which embodied the opinion of society and was its representative (the so-called treaties of princes with the people) and the treaties of princes with their servants (so-called free servants, “slugi volnyye”) and boyars. The latter category of treaties is a kind of vassal treaty, but they had many diff erences from such an institution in Western Europe. Both types of treaties are usually mentioned in the sources as oaths, although several fulltext records of princes with the “viche” survived, and for treaties with boyars, the sources themselves know that the reason for dismissal of the boyar could be a breach of treaty by the prince. The least studied among the law-making treaties are vassal treaties and treaties of personal dependence, in which the suzerains were free people and aristocrats. Similarly, intra-family and inter-family contracts have been little studied, although their existence is known from sources. In both cases, the limited subject matter is due to the extremely small source base: although more than a thousand birch-bark manuscripts have been found in the last 70 years, the number of private documents found remains insignifi cant. It is concluded that the complex cellular structure of East Slavic society, where each cell was the smallest social unit. In such a society, vertical connections are very weak and horizontal ones are complex. The cells of this cellular structure do not have hard walls and a person can belong to several neighboring cells. The closets themselves are attracted to each other on the basis of contractual relations. It is noted that this model of society has much in common with the so-called Catalan pactism (pactisme). Key words: East Slavic, Kyivan Rus, Old Rus, Medieval Law, Old Rus Law, Treaty, Legal Oath, International treaty, Source of Law, state formations, Legal history.

  • Research Article
  • 10.2307/1190312
Conflict Avoidance by International Agreement
  • Jan 1, 1956
  • Law and Contemporary Problems
  • William Ralph Lederman

Each modern national state has a rather well developed set of legal principles whereby some account is taken of foreign as well as domestic laws in settling the legal relations of persons concerned in factual situations with foreign as well as local features. These are the rules of international or of laws, socalled, and understanding of their technical nature and their purpose is crucial to assessing what is possible in the way of conflict avoidance by international agreement. Of course, the very object of these national systems of conflictual rules has been and is basically conflict avoidance. That is to say, they represent attempts to avoid the evil of investing the same persons with different (or conflicting) legal rights and duties in the two or more countries touched by a given international factual situation. These national conflictual systems have, in the main, developed domestically without sanction or benefit of international agreements, and the results (though certainly far from perfect) have been significant. Nevertheless, it will be contended here that further advances in the utility and justice of this branch of the law in any country require international or interstate agreement. But international agreements could do more harm than good if they failed to take account of the basic features of technique and policy that have characterized the various national conflictual systems. Accordingly, the analysis that follows seeks to reveal these essential features in an orderly way and to educe their necessary implications respecting effective conflict avoidance by international agreement. For the most part, the writer will speak in terms of the English system of conflictual rules because, so far at least as British Commonwealth countries are concerned, private international law is still primarily a department of the common law where English judges have led in developing the rules. Also, to speak in terms of the English private international law avoids the peculiar impact of any particular federal constitution on interstate or interprovincial conflict avoidance within that federation. What, then, have we learned about the extent to which practical national legal procedures can be devised to take account of foreign laws with the object of conflict avoidance when dealing with international facts? The basic problem is to determine which countries are potentially concerned and then to make a choice between the

  • Front Matter
  • Cite Count Icon 12
  • 10.1016/s0140-6736(16)30115-5
Reforming international drug policy
  • Apr 1, 2016
  • The Lancet
  • The Lancet

Reforming international drug policy

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