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1.
There is a general concern amongst judges, lawyers and legal scholars that evidence in digital format is not to be trusted, given that it can be altered and manipulated with ease. Some jurists have called for a UN Convention on matters relating to the authentication and admissibility of electronic evidence. It is debatable whether such a Convention is necessary, but guidance of an international nature might be welcome, providing that any such guidance remains guidance, and does not ossify into legal requirements that fail to take into account the dynamic and constantly developing changes in information technology. In any event, the accuracy of the presumption in England & Wales that a computer is in order at the material time is highly debatable, and it is suggested that this presumption ought to be reformed. 相似文献
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This article examines the two most influential international initiatives on electronic signatures (UNCITRAL’s 1996 Model Law on Electronic Commerce and the 1999 EU Electronic Signature Directive). It considers whether the legislative approaches in Australia and the United Kingdom based on these initiatives are helpful in deciding whether lower level signature methods such as simple email messages are likely to satisfy a legal requirement for a signature. The conclusion reached is that they are unhelpful. The article goes on to consider whether legislative amendments based on UNCITRAL’s 2001 Model Law on Electronic Signatures or the 2005 UN Convention on the Use of Electronic Communications in International Contracts would improve the identified weaknesses. It concludes that such an update would clarify some issues, but that overall it will not solve the difficulties. The article ends with a brief speculation on the likely attributes of a more helpful approach. 相似文献
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This paper analyzes the characteristics and effects of the Cape Town Convention, which provides legal protection for investors in relation to asset-based aircraft financing. Some countries lack credibility for investors, who believe that the protection level of creditor rights in the country differs before and after investment. This time inconsistency problem results in credit rationing. Airlines in such countries cannot access the credit market, particularly the international capital market. This paper first examines why developing countries have been suffering from a lack of credibility and from credit rationing, and then explores how the Convention resolves this problem. We focus on two devices: the white list system and the system of declarations. The former gives the contracting states incentive not to break the Convention. The latter is considered to promote the ratification of the Convention by potential contracting states. These devices enable the Convention to attract a number of states. 相似文献
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《联合国反腐败公约》视域下我国反腐败法律举措的完善 总被引:1,自引:0,他引:1
《联合国反腐败公约》是联合国历史上通过的第一部指导国际反腐败斗争的法律文件,也是迄今为止第一个关于治理腐败犯罪的最完整、最全面而又广泛、创新性的国际公约。该公约已在我国生效。国际公约的国内法化是落实公约内容的最佳路途。以该公约为衡量标准,重新审视我国刑法关于腐败犯罪的规定,可以窥见在罪名、犯罪主体、实行行为、刑种设定及预防举措等方面存在着一定差距。剖析该公约关于反贪污贿赂法律的规定和适用,以此为鉴,提高我国反腐成效。 相似文献
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Zuckerberg J 《International journal of law and psychiatry》2007,30(6):512-529
This article is part of a working project which assesses Ontario's mental health legislation and practice vis-à-vis international human rights standards. The paper focuses on procedural safeguards provided by the major international human rights instruments in the field of mental health law such as the UN Principles for the Protection of Persons with Mental Illness (MI Principles) and the European Convention on Human Rights as interpreted by the European Human Rights Court. In analysing Ontario's compliance with international standards, the paper will explore some problems arising from the implementation of the legislation with which the author is familiar with from his experience as counsel for the Consent and Capacity Board. The paper aims to generate discussion for potential reforms in domestic legal systems and to provide a methodology to be used as a tool to assess similar mental health legislation in other local contexts. 相似文献
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我国从1997年开始与外国开展被判刑人移管合作并缔结专门的双边条约以及近几年加入《联合国打击跨国有组织犯罪公约》和《联合国反腐败公约》以来,承认与执行外国刑事判决已成为我国在一定条件应当履行的国际义务,我国《刑事诉讼法》在修订时应考虑尽快建立承认与执行外国刑事判决的制度,并为此确认“国际条约规范优先适用”、“一事不再理”等基本原则,同时确定与此相关的条件、程序等基本规范。 相似文献
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和平利用海洋是1982年《联合国海洋法公约》的主题。《公约》通过限定海洋活动形式、规定海洋争端解决方法以及倡导加强国际合作的方式促进海洋的和平利用。和平利用海洋并不意味着禁止一切海上军事行动,但也确实对海上军事行动构成一定的限制。为实现海洋的和平利用,各国的海上军事行动应符合《联合国宪章》、《公约》和其他国际法规则的规定。此外,加强海上军事互信与安全合作也是解决有关国家海上“安全困境”,维护海洋和平的重要途径。 相似文献
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随着世界经济的一体化,腐败对一国经济发展和政治合法性的危害超越了现有的国界,影响着世界的和平与繁荣。许多国家已经认识到,只有充分而全面的国际合作才能有效地控制和惩治腐败,反腐败的国际交流与合作将愈来愈广泛。作为第一项全球性反腐败法律文件——《联合国反腐败公约》的通过,为反腐败国际合作提供了一个新的平台。我们应该转变“各自清扫门前雪”的旧观念,树立反腐败国际合作的新观念,加强在预防和打击腐败方面与各国和国际组织的合作。 相似文献
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《联合国反腐败公约》资产追回机制与我国刑事诉讼法的完善 总被引:12,自引:0,他引:12
《联合国反腐败公约》是联合国历史上第一部指导国际反腐败斗争的法律文件 ,它包含了大量的刑事司法规定 ,其中核心部分是资产追回机制 ,而这方面我国刑事诉讼法的规定很欠缺。为了加强反腐败的力度以及完善我国刑事诉讼法 ,有必要参照《公约》对我国刑事诉讼法作相应的修改 ,以期更好地开展反腐败的国际合作 ,最大限度地追回腐败犯罪所得。 相似文献
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Alistair Rieu-Clarke Flavia Rocha Loures 《Review of European Community & International Environmental Law》2009,18(2):185-197
On 21 May 1997, at the UN General Assembly, an overwhelming majority of States voted for the adoption of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses – a global overarching framework governing the rights and duties of States sharing freshwater systems. To date, the Convention counts 17 Contracting States – 18 short of the number required for entry into force. This article examines whether and why States should support the Convention towards ensuring its entry into force. We first look at the governance of international watercourses in order to illustrate the relevance of the Convention. The article also examines the Convention's drafting and negotiation process, the subsequent practice of States, some possible reasons slowing down ratifications and the likelihood of entry into force in the foreseeable future. Noting the widespread State support for the Convention in 1997, we conclude that, while various reasons have possibly prevented that support from translating into entry into force, the need for an effective UN Watercourses Convention has not diminished. In view of current human and environmental threats to the world's water resources, coupled with the poor governance of transboundary watersheds, the potential role that the Convention could play, once in force and widely ratified, as discussed, may in fact be more critical than ever. 相似文献
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Saloni Khanderia 《Commonwealth Law Bulletin》2013,39(3):452-475
At present, India is not a signatory to any international treaty or Convention that regulates the disputes arising from the international jurisdiction of courts or the recognition and enforcement of foreign judgments in transnational civil or commercial matters. These aspects are, consequently, regulated by the country’s private international law as espoused via case-law, in the absence of any codification of the rules on the subject. This has, therefore, exposed the Indian legal system to the threat of being unpredictable, inconsistent or even obsolete in some respects as far as the governance of international civil and commercial disputes are concerned. The paper, accordingly, investigates the plausible role that the two instruments presently under the scope of the Hague Conference on Private International Law’s Judgment Project, namely, the Convention of 30 June 2005 on Choice of Court Agreements [the HCCA] and the recent Proposed Draft Text on the Recognition and Enforcement of Foreign Judgments [the Draft Convention], may have on the development of the Indian legal system. While the HCCA is already in force with three ratifications till date, the Draft Convention is merely in the form of a draft text that would hopefully see the light of the day, depending upon the consensus between the Members of the Hague Conference. Apropos, this paper identifies the loopholes in the relevant rules of the Indian private international law on the international jurisdiction of courts and the recognition and enforcement of foreign judgments and demonstrates the manner in which, these aspects may be addressed if the country endorses the two instruments under the Judgments Project. 相似文献
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联合国国际贸易法委员会电子商务工作组第四十届大会有两个议题:一是如何消除与国际贸易有关的国际文书中存在的妨碍电子商务发展的法律障碍;二是讨论审议《电子订约:一项公约草案的条文》。 相似文献
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Joyeeta Gupta Karin Arts 《International Environmental Agreements: Politics, Law and Economics》2018,18(1):11-28
Achieving the 1.5 °C objective of the Paris Agreement on Climate Change in a just manner requires equitably sharing the responsibilities and rights that relate to this objective. This paper examines how international law concerning the Right to Promote (Sustainable) Development can contribute to determining what would be a “just” approach to achieving the 1.5 °C objective. This entails building on both the Right to Development (RtD) and the Right to Promote Sustainable Development (RtPSD). The RtD is a central notion within international human rights law and the RtPSD has been adopted under the UN Framework Convention on Climate Change (UNFCCC). Based on a literature review and legal analysis, we argue that, although the two Rights are prima facie different, in the context of the unanimously adopted Agenda 2030, including the SDGs, they partly complement and partly merge with each other. Together they provide a framework for assessing how a just transition towards a low greenhouse gas development process could be achieved and what this means for phasing out fossil fuels especially in the context of prospective oil producing countries. 相似文献
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ANGELA WILLIAMS 《Law & policy》2008,30(4):502-529
Many of the debates surrounding the environmental, social, and economic implications of climate change are now well known. However, there is increasing concern over the extent to which those suffering displacement or forced migration as a result of climate change are protected. This article seeks to highlight the plight of such individuals and suggests how the current protection gap might be remedied. Present legal structures, such as the Refugee Convention and the framework for Internally Displaced Persons (IDPs), prove largely inadequate having been constructed for different purposes and being limited in their application. The alternative proposed in this article is a regionally oriented regime operating under the auspices of the UN Climate Change Framework. While both the Climate Change Convention and the Kyoto Protocol currently call for regional cooperation in respect of adaptation activities, it is argued there should be an explicit recognition of so‐called climate change refugees in the post‐Kyoto agreement that allows for, and facilitates, the development of regional programs to address the problem. Employing such a strategy would remedy the current protection gap that exists within the international legal system, while allowing states to respond and engage with climate change displacement in the most regionally appropriate manner. 相似文献
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On the face of it the 1948 Convention on Genocide appears tobe a treaty that on the one hand obliges contracting statesto criminalize and punish genocide in their domestic legal systemsand, on the other, arranges for interstate judicial cooperationfor the repression of genocide. The International Court of Justice(ICJ), in the Bosnia v. Serbia judgment, has instead held thatthe Convention, in addition to providing for the criminal liabilityof individuals, also imposes on contracting states as internationalsubjects a set of obligations (to refrain from engaging in genocide,to prevent and punish the crime, and also to refrain for allthose categories of conduct enumerated in Article III: conspiracy,incitement, attempt, complicity). This approach raises two questions:(i) is it warranted so to broaden states' responsibility? (ii)when applying such Article III categories to state responsibility,should an international court such as the ICJ that pronounceson interstate disputes rely upon criminal law categories toestablish whether a state incurs responsibility for conspiracy,complicity, and so on? Or should it instead forge autonomouslegal categories better suited to state responsibility? Theauthor sets forth doubts about whether it is appropriate totranspose criminal law categories to the corpus of internationallaw of state responsibility. In particular, his misgivings relateto the category of state complicity in genocideas set out by the Court: once the Court decided to transplantthis criminal law category to state responsibility, arguablyit should have relied upon the rigorous concept of complicity,as derived by international criminal courts from case law andthe relevant practice of states, rather than apply a notionthat finds no basis in international criminal law, in comparativecriminal law or in state practice. 相似文献
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Underpinned by the United Nations Convention on the Rights of Persons with Disabilities (CRDP), Agenda 2030 and the Sustainable Development Goals (SDGs) is the international goal to ‘leave no one behind’. However, the World Federation of the Deafblind have argued that deafblind people have been excluded from international welfare and disability development programmes. Despite making up the majority of the deafblind population, it appears that older deafblind people are particularly invisible. The paper builds on the earlier work of others, which translated the UN Principles for Older Persons into the language of older visually impaired adults, by using them here as the lens for a narrative review of the literature on older deafblind people. It argues that existing research demonstrates that older deafblind people are not only being ‘left behind’ in benefitting from implementation of the UN Principles, but also that the focus of the UN Principles themselves risks maintaining or enhancing their exclusion. Further research and policy development with older deafblind people is required to ensure that international and national social welfare policies and provision are not nugatory to the older deafblind population. 相似文献
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Duncan A. French 《International Environmental Agreements: Politics, Law and Economics》2007,7(3):209-235
The purpose of this paper is to consider how international law has sought to mediate between the promotion of environmentally
sound technologies and local community participation. It will be suggested that the paradigm of sustainable development presents
the most sensible framework through which to consider these issues. The paper will then present three short case studies centred
around various aspects of the ongoing implementation of the Rio Conventions, namely the endorsement of sequestration activities
within the 1992 UN Framework Convention on Climate Change, the development of an access and benefit sharing framework under
the 1992 Convention on Biological Diversity and further encouragement of community participation in the 1994 UN Convention
to Combat Desertification. In conclusion, the paper will suggest that community participation must be given comparable status
with the promotion of technological advances if long-term success is ever likely to be attained.
相似文献
Duncan A. FrenchEmail: |
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《国际合同使用电子通信公约》于2005年11月在联合国大会上决议通过,它是有关电子商务的第一个专门性公约,也是近年来国际商事立法最重要的成果。公约的目的是采用统一规则消除对国际合同使用电子通信的障碍,也确立了媒介和技术选择自由、不偏重任何技术及功能等同原则。在解读公约的主要条款的基础上对公约的先进性、科学性及局限性做了立法评价。 相似文献