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Eden Charles 《Commonwealth Law Bulletin》2013,39(2):168-172
This article explores the role of Commonwealth countries with respect to the Arms Trade Treaty (ATT), which is now part of the body of international humanitarian law. This landmark instrument has, as its central objective, the establishment of the highest possible common international standards for regulating or improving the regulation of the international trade in conventional arms; prevent and eradicate the illicit trade in conventional arms and prevent their diversion. Trinidad and Tobago and other Member States of the Caribbean Community strongly supported the movement which culminated in the adoption of the ATT and participated actively in the negotiations which led to the conclusion of this historic Treaty. It is obvious that the international community now has within its arsenal an agreement, which, if embraced by all, could erase an ample amount of the pain and suffering associated with the billion dollar illegal arms trade. Commonwealth countries should continue to show leadership in this endeavour and work towards increasing the number of States Parties to the ATT. 相似文献
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Commonwealth Secretariat 《Commonwealth Law Bulletin》2013,39(3):629-631
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This paper provides an overview of the range of current (1981) abortion laws in the African Commonwealth countries, traces the origins of the laws to their colonial predecessors, and discusses legal reform that would positively provide for legal termination of pregnancy. The authors claim that the range of these laws demonstrates an evolution that leads from customary/common law (Lesotho and Swaziland) to basic law (Botswana, The Gambia, Malawi, Mauritius, Nigeria's Northern States and Seychelles) to developed law (Ghana, Kenya, Nigeria's Southern States, Sierra Leone, and Uganda), and, finally, to advanced law (Zambia and Zimbabwe). The authors call for treating abortion as an issue of health and welfare as opposed to one of crime and punishment. Since most of the basic law de jure is treated and administered as developed law de facto, the authors suggest decriminalizing abortion and propose ways in which to reform the law: clarifying existing law; liberalizing existing law to allow abortion based upon certain indications; limiting/removing women's criminal liability for seeking an abortion; allowing hindsight contraception; protecting providers treating women in good faith; publishing recommended fees for services to protect poor women; protecting providers who treat women with incomplete abortion; and punishing providers who fail to provide care to women in need, with the exception of those seeking protection under a conscience clause. The authors also suggest clarifying the means by which health services involving pregnancy termination may be delivered, including: clarification of the qualifications of practitioners who may treat women; specification of the facilities that may treat women, perhaps broken down by gestational duration of the pregnancy; specifying gestational limits during which the procedure can be performed; clarifying approval procedures and consents; and allowing for conscientious objections to performing the procedure. 相似文献
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Aldo Zammit Borda 《Commonwealth Law Bulletin》2013,39(2):379-419
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Netherlands International Law Review - 相似文献
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梁洁 《西南政法大学学报》2008,10(1):68-75
习惯国际人道法规则的确立,既要遵循国际习惯法的一般原理,又要顾及国际人道法的自身特点。国际性与非国际性武装冲突的区分,在当前历史条件下仍是确立习惯国际人道法规则的前提;在证明国家实践的一致性时应首先确保作为证据的实践属"官方实践";"法律确信"的证明对一些禁止性规则的确立甚为重要;而条约作为国际人道法的另一主要渊源,在习惯国际人道法规则确立中起着重要的证据作用。红十字国际委员会《习惯国际人道法》确立规则的方法,既有可取之处,又存在疏漏,对其分析有助于我们的进一步研究。 相似文献
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This paper furthers the Commonwealth agenda on climate action by exploring the kinds of ‘practical and swift action’ that might be taken through national legal frameworks to implement the Paris Agreement. The paper reviews national laws of Commonwealth member countries as they currently apply to and intersect with climate change. The paper investigates legal measures that relate directly to implement climate change policy, including climate change legislation and regulatory instruments such as emissions trading schemes and energy efficiency measures. It also considers indirect legal measures that can provide ‘co-benefits’ in relation to climate change policy, such as waste legislation and air quality measures. The paper presents examples of these different kinds of climate intersections in different Commonwealth legal systems, highlighting examples of what has worked well and what has not worked well to date, within different legal, economic and political cultures, and in different geographies and climates. 相似文献
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只有在联合国的批准或授权下,或经被干涉国的邀请,国际社会才能对发生于一国的人道主义灾难实施人道主义干涉。而西方大国越来越倾向于擅自以人道主义的名义武力介入他国。这种单边的人道主义干涉多是某些国家实现一己私利的工具,从未成为国际习惯,也违反《联合国宪章》,因此是违反国际法的。而联合国现行的体制无法有效发挥在制止人道主义灾难方面应有的作用,使大国有了擅行干涉的口实。为此,应完善联合国的人道主义干涉体制。 相似文献
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