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Terrorism is not a new phenomenon. Nevertheless, since September 11, 2001, it appears that there has been a global consensus on the need for a more uniform and comprehensive response to terrorism. Thus, countries develop their counter‐terrorism strategy that comprises different approaches, including using the criminal justice system. The criminal justice response to terrorism covers special legislation, strategies, policies, investigation, prosecution, and sentencing. To combat terrorism and improve the criminal justice system in response to existing threats of terrorism, KRI legislated a special anti‐terrorism law. This paper investigates the trajectory of international and national terrorism law in the Kurdistan Region of Iraq (KRI). Accordingly, this research was set to examine international and national terrorism law critically. The focus is placed on the Anti‐terrorism Act No. 3 of 2006, emphasizing the principle of legality. As such, this paper adopted the doctrinal legal methodology that utilized qualitative techniques in analyzing the secondary data. The gathered information and data were then analyzed thematically. Based on the legal analysis, this study found that local circumstances and international pressure influence the trajectory of the counter‐terrorism laws in KRI. The absence of uniformity in the definition indicates the complexity of conceptualizing the phenomenon. The KRI anti‐terrorism law did not define international terrorism and may affect the principle of legality in counter‐terrorism strategy. Consequently, the study will benefit law, security, and international relations researchers. It serves as a basis for future empirical research examining the effects of anti‐terrorism laws in KRI or other jurisdictions. [ABSTRACT FROM AUTHOR]

International treaties are one of the important necessities in the international life of states and important elements in the relations between states, the subject of this article is what is the nature of international treaties; to distinguish between them, three theories can be examined: unilateral obligation, contract, and law. determining the nature of the treaty has many benefits and effects, in a way that will lead to a correct view of those affected by the treaty and the holders of the rights and obligations arising from the treaty, as well as other issues such as resolving the conflict between the provisions of the treaty and the law and determining the level of obligation resulting from it in its nature can be detected by the beam. In the present study, international documents, jurisprudence, and Iranian and Iraqi laws are the basis of analysis.the research method is library-based; after studying sources including related books and articles and examining The data in an analyticaldescriptive manner, the results are as follows: Some have attributed the treaty to be of the nature of a contract, some to law, and others to be of one of the two based on its bilateral or multilateral nature. Based on the shortcomings of the aforementioned opinions, the hypothesis of the difference in the nature of the treaty is from two aspects, domestic and international; It has both contractual and legal aspects at the same time, in short, this research concluded that Firstly, the contractual nature of the treaty is ruled out due to the non-acceptance of unilateral obligations, the exclusiveness of unilateral obligation to specific cases, and the reciprocal and bilateral nature of treaties. Secondly, the nature of international treaties should be determined from two perspectives, domestic and international, and on the other hand, its international aspect should also be based on the type of treaty; in such a way that “treaty-law” should be considered as having the nature of law both from the domestic and international point of view, but the treaty-contract has the nature of law from the domestic point of view (within the member states) and from the international point of view (against the government treaty members) has a contractual nature. [ABSTRACT FROM AUTHOR]

The Article provides the analysis of the relations of the Holy See and the Republic of Lithuania from the beginning of the State’s independence until the current period. At the outset, the authors give an overview of different stages and key legal issues of the development of the said relations. Further, the research deals with typical provisions and specific features of a concordat as an international agreement. The following part of the article is devoted to the analysis of the provisions of current four agreements between the Holy See and Lithuania, adding comparison with the treaties concluded by the Holy See with other two Baltic States, namely Latvia and Estonia. The research focuses on key legal issues of the cooperation between the Holy See and Lithuania with minor aspects of the intersection of the historical, political, international, and religious context. The authors conclude that in the complex international political landscape, the Holy See has remained one of the most credible partners for Lithuania and a moral authority for the nation, dominated by Catholics. The recognition of Lithuania as a State shortly after its Independence Declaration of 1918 as well as non-recognition of its 50-year occupation significantly contributed to the restoration of the State’s independence in 1990. Although the reestablishment of the independent State of Lithuania being based on the continuation of the State’s identity opened door for securing the validity of the Concordat concluded by the Holy See and the Republic of Lithuania in 1927, it was no longer capable of reflecting new realities, and new fundamental changes required the conclusion of new treaties between the parties. In 2000, the Agreement concerning Juridical Aspects of the Relations between the Catholic Church and the State, the Agreement on Cooperation in Education and Culture, and the Agreement concerning the Pastoral Care of Catholics Serving in the Army were concluded between the Holy See and the Republic of Lithuania, while in 2012, the Agreement on the Recognition of Qualifications Concerning Higher Education occurred. These bilateral agreements reflect typical provisions of concordats arising from their unique nature of combining both political (legal) and ecclesiastical matters and securing autonomy of both parties: they regulate the legal status of the Catholic Church and numerous issues, encompassing institutional matters, religious freedom, religious education, family life, cultural heritage, pastoral care, and many others. These provisions are also similar in the agreements concluded by the Holy See and other two Baltic States, all having no state religion. However, the treaties of the Holy See concluded with Lithuania and Latvia have more common and more elaborated provisions than the agreement with Estonia, while some issues are relevant and, therefore, regulated in respect of merely a particular state.

The article is devoted to the comparative legal analysis of the formation and development of the acquis communautaire in France, Germany and Switzerland with a view to identifying similarities and differences in the formation and development of the acquis communautaire in countries with different legal status in the European Union. The analysis was carried out using comparative legal, formal legal, dialectical, historical and legal, hermeneutical and other methods, as well as the principles of determinism, pluralism of opinions and complexity of knowledge. On the basis of and through the disclosure of the concept of “acquis communautaire”, the diversity of its understanding within different approaches and the nature of this phenomenon, as well as the study of the formation of the acquis communautaire specifics, it is established that this process took place in the course of formation of the European Communities in the 1950s with the participation of France and Germany on the basis of a combination of liberal market and general social values, and its development took place during the elaboration of the foundations of the mechanism for adoption of a common European policy. It is found that the patterns of formation and development of the acquis communautaire in France, Germany and Switzerland are overcoming contradictions and searching for compromises between France and Germany in all areas of common European policy and the need to coordinate their position with other members of the European Union. Furthermore, the similarity of these processes in France and Germany is rooted in their participation in the creation and development of the European Communities, in the formation of the acquis and its identical legal sources, and the difference lies in the motives and objectives of these States, their positions in certain areas of common European policy and procedural activities related to the implementation of the acquis into national legislation. At the same time, the article reveals that the specifics of formation and development of the European Union acquis in Switzerland are determined by its status as an associated country in the Union, which provides for the possibility of implementing the relevant acquis with certain exceptions on the basis of sectoral agreements between it and the European Union. The difference in the formation and development of the acquis between France and Germany, as well as Switzerland, is manifested in the mechanism and consequences of the implementation of the new acquis: Switzerland participates in the development process, but not in decision-making. Finally, it is noted that the common feature of the development of the EU acquis for all these countries is a combination of market-liberal and general social values and the introduction of a socially oriented market economy model.

The action on board Lichas's ship in Petronius's Satyrica presents a rich, repetitive, and multilayered parody of mediation, treaty-making, and the role of emotion in conflict and its aftermath, played out on the most personal level. When Encolpius and Giton are discovered, having accidentally taken passage with Lichas and Tryphaena whom they have egregiously betrayed, the poet Eumolpus seizes the role of mediator and attempts to defend them with an entirely fictitious account of their actions and motivations. His rhetoric only enrages Lichas and produces open warfare on shipboard. Ingenious role-playing by Giton (staging an attempted self-castration) drives Tryphaena to desperate pity and epic parody in appealing for peace, allowing Eumolpus to dictate and conclude a formal treaty among the parties. Initial performances of the actions and emotions of peacemaking amidst a halcyon calm at sea seem successful, but jealousies quickly reemerge, requiring further efforts by Eumolpus to restore harmony. His poetic efforts during the banquet failing, Eumolpus then narrates the story of the Widow of Ephesus, whose misogynistic comedy elicits laughter from all – except for Lichas and Tryphaena. Crosscurrents of jealousy reemerge, and Eumolpus seems to resort to new diplomacy and oaths (iurat Eumolpus verbis conceptissimis, 113) as the text becomes more fragmentary – and the ship is suddenly overwhelmed and wrecked by storm. Prospects for reconciliation founder with the ship (of state?) and its captain, while the perpetually inventive manipulators of language survive to perform again. [ABSTRACT FROM AUTHOR]

For over 60 years, International Environmental Law has produced hundreds of texts aimed at protecting the environment at global to regional scales. Most of these texts do not gather the support of all the states concerned. The reasons for this are analysed here. This retrospective look provides a striking panorama of the current situation. The international and domestic motivations that lead a state to the sovereign decision to ratify or not a treaty, are first recalled and put into perspective in their interdependencies. The analysis of thousands of ratifications of 51 major treaties draws lines of divergence between leading states, follower states, and states reluctant to enter into environmental commitments. On a global scale the latter form a large majority, including most African and Asian states. The states of Northern and Western Europe are among the first to ratify these treaties, followed by other European states. G7 member states occupy vey contrasting normative positions. Overall, three major moves emerge from this global panorama. First, historical and persistent inequalities in the development of countries have cast an indelible shadow on environmental international multilateral treaties which do not bring the expected fruits of development. Second, in environmental matters, over the past 15 years the trend consists in establishing agreements of more restricted range (regional, bilateral), with commitments from states on fairly flexible objectives, adaptable to their social and economic context. Third, these agreements are set within the broadly negotiated and thematically inclusive principles of sustainable development. [ABSTRACT FROM AUTHOR]

The main aim of this study is to examine the "citizenship in Islamic country in accordance with Islamic Sharia". In the precious religion of Islam, a person can acquire the citizenship of an Islamic state based on the Islamic faith or agreement. Obtaining citizenship in an Islamic country is an important topic, because the rights of Muslims and non-Muslims are protected on the basis of nationality. Therefore, it is necessary to investigate it. In this study, analytical method of research is used to reveal the important aspects of the subject. The holy religion of Islam is not ignoring the issue of citizenship, rather the principles of citizenship is given by Islam. But now there is not only one Islamic state or territory around the world and the world is divided into different geographical units, therefore the Islamic countries around the world are using the procedure which is popular and is known as a blood system of earth or land system. [ABSTRACT FROM AUTHOR]

The proposition of this article is that it is time to re-think Aboriginal self-determination. A process should be allowed to develop that is perhaps less grandiose than the failed Voice, which was rejected in October 2023, but more practical and reflective of Aboriginal social, linguistic, and cultural organisation. A process of self-determination that starts at the bottom and then, if necessary, works its way to the state and federal levels. The post-Voice world of Australia is uncertain. The rejection by public referendum of the Aboriginal Voice has left a void that will take a long time to fill. It is contended in the article that life after the Voice is best to be found by empowerment of local Aboriginal communities; by encouraging hundreds of local voices; by enabling those voices to become a keystone for local community affairs; and for those local Aboriginal voices to cooperate as advocates at the state and federal levels. It is suggested that a bottom-up, rather than a top-down model, would be consistent with Aboriginal social and cultural organisation, and ultimately would endow greater credibility and legitimacy for Aboriginal self-determination initiatives. [ABSTRACT FROM AUTHOR]

In 1999 an agreement was concluded between Canada and the United States on amendments to the 1985 Pacific Salmon Treaty which brought to an end a period of prolonged dispute and hostility over the management of salmon by the two countries and paved the way for a period of amicable relations on the issue that has lasted to this day. The negotiation of the agreement and the outcome were marked by two important characteristics: The negotiating process deviated from traditional state-to-state negotiations, and the ultimate agreement expressed the obligations of the parties not in simple verbal form but rather as the outcome of complex formulae designed to determine abundance and the sharing consequences. The key to the negotiation was fisheries scientists agreeing on the appropriate formula. This article seeks to reflect on two aspects of the negotiation of the 1999 agreement identified by Ted McDorman: first, the process as a mechanism for negotiating international agreements; and second, the broader implications of the "scientific complexity" of the agreement—the integration of law, science, and technology. [ABSTRACT FROM AUTHOR]

In 2021, on the election of a new chief -- the youngest ever colonel at the age of 40--relations between the Accompong Maroons and the Jamaican Government soured. Under Chief Richard Currie, who describes himself as a government official and head of state, Accompong asserted sovereignty as the "Sovereign State of Accompong," with Accompong Town as the capital of the Cockpit Country. The Maroons of the State of Accompong identify themselves as "heirs to the 1738 Treaty and Maroon Identification", claiming descent from self-freed formerly enslaved West Africans and indigenous Amerindians. According to Chief Currie, "The earth is the lord and the fullness thereof. Our sovereignty is derived from the freedom of our lands, so whatever we do with our lands is of imperative value to our security as a people". This declaration of sovereignty has led the Jamaican Government to declare that they do not recognise any "state within a state". The Government, therefore, refuses to engage with or fund those communities that they have described as "Secessionist Maroons". This case study situates the contemporary Maroons in the history of Jamaica and their current relationship to the Jamaican state. It explores, in particular, the contending notions of sovereignty which may lay behind the con- flict between the "Sovereign State of Accompong" and the Jamaican State. Key to the conflict is the differences in meanings of the 1738 Treaty made by the "First Time Maroons," who fought the British to a stand-still in the 18th Century, forcing them to come to terms with them. For Maroons today, the Treaty is eternal, while the now-independent Jamaican state sees it as abrogated. Therefore, is a rapprochement possible? [ABSTRACT FROM AUTHOR]

Every year, the global production of plastic waste reaches a staggering 400 million metric tons (Mt), precipitating adverse consequences for the environment, food safety, and biodiversity as it degrades into microplastics (MPs). The multifaceted nature of MP pollution, coupled with its intricate physiological impacts, underscores the pressing need for comprehensive policies and legislative frameworks. Such measures, alongside advancements in technology, hold promise in averting ecological catastrophe in the oceans. Mandated legislation represents a pivotal step towards restoring oceanic health and securing the well‐being of the planet. This work offers an overview of the policy hurdles, legislative initiatives, and prospective strategies for addressing global pollution due to MP. Additionally, this work explores innovative approaches that yield fresh insights into combating plastic pollution across various sectors. Emphasizing the importance of a global plastics treaty, the article underscores its potential to galvanize collaborative efforts in mitigating MP pollution's deleterious effects on marine ecosystems. Successful implementation of such a treaty could revolutionize the plastics economy, steering it towards a circular, less polluting model operating within planetary boundaries. Failure to act decisively risks exacerbating the scourge of MP pollution and its attendant repercussions on both humanity and the environment. Central to this endeavor are the formulation, content, and execution of the treaty itself, which demand careful consideration. While recognizing that a global plastics treaty is not a panacea, it serves as a mechanism for enhancing plastics governance and elevating global ambitions towards achieving zero plastic pollution by 2040. Adopting a life cycle approach to plastic management allows for a nuanced understanding of possible trade‐offs between environmental impact and economic growth, guiding the selection of optimal solutions with socio‐economic implications in mind. By embracing a comprehensive strategy that integrates legislative measures and technological innovations, we can substantially reduce the influx of marine plastic litter at its sources, safeguarding the oceans for future generations. Practitioner Points: Microplastic pollution is an invisible threat to food safety and biodiversity.Effective policy instruments can prevent MPs pollution from widespread.Legislation can reduce plastic waste at source and promote circular economy.Through a global treaty, the world can protect marine‐protected areas and biodiversity. [ABSTRACT FROM AUTHOR]

Copyright of Bulletin of The L N Gumilyov Eurasian National University Political Science Regional Studies Oriental Studies Turkology Series is the property of L.N. Gumilyov Eurasian National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Acta Universitatis Lodziensis. Folia Luridica is the property of Wydawnictwo Uniwersytetu Lodzkiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Sakarya University Journal of Law Faculty (SHD) is the property of Sakarya University Journal of Law Faculty (SHD) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In January 1922, Éamon de Valera lost the leadership of Irish nationalism. In opposing the Treaty signed in London the previous month, he painted himself into a corner, committing himself to oppose the settlement, to refuse to recognise the Irish Free State, and never to take the Oath of Allegiance required to enter the Dáil. This position precluded the political path which was the only course available after the military defeat of the anti-Treaty cause. If de Valera was to have a political future, he would have to find a way to retreat from this stance, while maintaining the support of as many anti-Treatyites as possible and widening his electoral appeal beyond that minority. His tactical withdrawal would take a decade, featuring the rebirth of Sinn Féin as an anti-Treaty electoral party, the formation of Fianna Fáil as a movement more amenable to his control, and acceptance of the oath to enter the Free State Dáil. The long climb back to political power culminated with his election as President of the Executive Council in March 1932. He had not only secured his own political future; he had helped establish a political system which would endure for eight decades. [ABSTRACT FROM AUTHOR]

The United Nations (UN) Intergovernmental Negotiating Committee (INC) has completed its second round of negotiations on a new international legally binding instrument to 'end plastic pollution'. This paper examines the results of the second session of negotiations, which took place May 29–June 2, 2023, and analyses the trends, barriers, and themes shaping the emerging legally binding instrument. The paper considers the discussion surrounding the Options Paper as presented by the INC Secretariat and United Nations Environmental Program based upon written submissions received by UN member states prior to the second session of negotiations. These include potential elements the future treaty text may include—namely objectives, core obligations, and implementation and monitoring measures. At the second session of negotiations, progress towards consensus on these items was severely lacking. We draw on close observations via event ethnography of participants during the negotiations and document analysis. We conclude by looking towards the third round of negotiations by discussing the ongoing 'dance' of sorts as submissions are being asked of member states and like-minded groups to contribute to the zero draft treaty text. [ABSTRACT FROM AUTHOR]

For over 60 years, International Environmental Law has produced hundreds of texts aimed at protecting the environment at global to regional scales. Most of these texts do not gather the support of all the states concerned. The reasons for this are analysed here. This retrospective look provides a striking panorama of the current situation. The international and domestic motivations that lead a state to the sovereign decision to ratify or not a treaty, are first recalled and put into perspective in their interdependencies. The analysis of thousands of ratifications of 51 major treaties draws lines of divergence between leading states, follower states, and states reluctant to enter into environmental commitments. On a global scale the latter form a large majority, including most African and Asian states. The states of Northern and Western Europe are among the first to ratify these treaties, followed by other European states. G7 member states occupy vey contrasting normative positions. Overall, three major moves emerge from this global panorama. First, historical and persistent inequalities in the development of countries have cast an indelible shadow on environmental international multilateral treaties which do not bring the expected fruits of development. Second, in environmental matters, over the past 15 years the trend consists in establishing agreements of more restricted range (regional, bilateral), with commitments from states on fairly flexible objectives, adaptable to their social and economic context. Third, these agreements are set within the broadly negotiated and thematically inclusive principles of sustainable development.

This text examines Portuguese and Spanish documentation to show that Iberians invoked a variety of ways by which the indigenous inhabitants of the Americas could consent to their presence and domination. According to these sources, indigenous consent could be explicit or implicit, and it could be free or coerced, with each one of these situations giving rise to a distinct assessment of indigenous right to resist. By observing developments both in the colonies and in Europe, and by surveying both legal doctrine and practice, this article asks: how did Iberians structure and use consent, and what could it do for them? Why and how did they insist on consent when there was little to no possibility to refuse? This article is part of the special theme section on Consenting to Early Modern Empires, guest-edited by Sonia Tycko.

Our rich intangible cultural heritage, folklore, and traditional knowledge thrive as living traditions that evolve and transmit intergenerationally, not fading relics of the past. They manifest our history while shaping the future - today’s traditions progress from our past, just as today’s advances will become tomorrow’s traditions. As philosopher Friedrich von Hayek elucidated, traditions organically arise in a locality, becoming invaluable resources constituting national wealth. Consequently, communities and nations with abundant cultural riches increasingly demand safeguarding these creative traditions and knowledge systems. Considering the above, this article examines intangible cultural heritage and cultural analysis. The academic exploration delved into multifaceted dimensions of the phenomena aiming to unravel complexities surrounding intangible cultural heritage conservation. Overall, it was found that vibrant intangible heritage, being locally rooted and evolving, calls for nuanced, adaptive safeguarding approaches rather than fixation in some static envisioning of tradition - the continuum between past and future necessitates careful negotiation.