Studies and Essays on International and International Humanitarian Law E-Book

Marco Tabili

• Herausgeber: Youcanprint
• Kategorie: Ratgeber
• Sprache: Englisch
• Veröffentlichungsjahr: 2024

Beschreibung

The book compiles essential documents, case law, reports, and other resources on International Humanitarian Law (IHL) and international law. It provides students, educators, and professionals with a readily accessible, focused, and critically informed overview of the relevant regulations and their practical applications. Encompassing all facets of international law, it delves into contemporary issues such as cyber warfare, targeted attacks, occupation, detention, human rights in armed conflict, peacekeeping, neutrality, accountability, enforcement of standards, and reparations. This comprehensive resource serves as an invaluable tool for education, research, reference, and practical application, serving both as a standalone guide and a complement to specialized textbooks and references.

Leseprobe

Index:

Contemporary Evolution of Private International Law: The Case of Latin America

Utilization of Space Resources and the Evolution of International Space Law

The ICRC and International Humanitarian Law

Viability of traditional international humanitarian laws to non-international armed conflicts

Effects of the laws of war and the ICRC activities

The Restrictions of International Law

Titolo | STUDIES AND ESSAYS ON INTERNATIONAL AND INTERNATIONAL HUMANITARIAN LAW

Autore | MARCO TABILI

ISBN | 9791222745046

© 2024 - Tutti i diritti riservati all'Autore

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Contemporary Evolution of Private International Law: The Case of Latin America

Prof.Marco Tabili

Summary

This is a summary of what has happened in Latin America regarding Private International Law, focusing especially on international conventional development and some national doctrinal advances on the subject, along with a general evaluation of the events.

I. Introduction

In order to offer a general overview of private international law in Latin America, it is necessary to delimit it. In this work, we will focus on outlining some notes that allow the reader to understand what happens with private international law (PIL) in our subcontinent. For this purpose, we will review some relevant data from the last 150 years in PIL, data that to some extent explain the future of the subject at the continental level. Recent events will also be highlighted, concluding with a section of conclusions.

II. Background

PIL is a field that flourishes in countries with migratory movements and development of international trade. The two main themes that summarize human activity regulated by PIL. These characteristics are evident in the first nations that drafted an international PIL treaty project, not only in America, but also in the world, such as the Lima Treaty of 1878; these countries were Argentina, Bolivia, Chile, Costa Rica, Ecuador, Peru, and Venezuela, which at that time were net exporters of raw materials and had significant immigration, mainly European.

Around the Lima Convention, two conceptions of PIL were debated, whose definition was reflected in South American legal systems and, in some cases, Central American ones. On the one hand, the Eurocentric conception proposed that nationality be the point of contact to regulate international relations, and on the other hand, those who believed that domicile was a more favorable point of contact, known as "the result of residence in a foreign country with the intention of remaining there, whose technical reason was very important; it sought to regulate by the internal rules those who, coming from different countries, had come to reside in those lands. That was precisely the discussion in which the criterion of national law prevailed, not by majority, but by decision of those who organized the drafting of the Convention, which caused a rupture to the extent that this Convention was left without signatures. The rejection of nationality as a point of contact was because before the judges the legal relations of the person who actually resided in another country were distorted.

There was then a clear definition towards domicile, which was a kind of territorialism that had already been proposed in the Chilean Civil Code, newly published in 1870. Precisely, that territorialism, on the other hand, interrupted international legal traffic, so it was necessary to have an international instrument that linked the national legal systems of that group of South American countries through an international treaty.

From Lima, the list of inter-American instruments is long. In an attempt to summarize as much as possible, the following stages can be mentioned.

a) First. The First Montevideo Congress of 1888-1889; eight conventions on a wide range of topics were approved: international procedural law, literary and artistic property, invention patents, trade and factory marks, international criminal law, exercise of free professions, international civil law, international commercial law, and a protocol to these treaties. Argentina, Bolivia, Brazil, Chile, Paraguay, Peru, and Uruguay participated in this Congress.

b) The second stage began with the First American International Conference of 1889-1890, which created the International Union of American Republics, and ended with the Sixth Conference; in this one, the Convention on Private International Law of February 20, 1928 was approved (called the Bustamante Code). This Convention is a true PIL Code, consisting of 437 articles that include civil, commercial, criminal, and procedural law. The Convention, held in Havana, Cuba, was ratified by 15 countries; Mexico signed it, but did not ratify it.

c) The third stage began with the Seventh International American Conference, held in Montevideo in 1933, which adopted a resolution on the methods of codification of public and private international law, and created the International Law Codification Commission and the Expert Commission. This stage was exhausted in the Eighth International American Conference of 1948, which established the Organization of American States (OAS) and integrated the Inter-American Jurisconsults Council as a permanent body of the institution. Later, in the OAS, the system of commissions to analyze very specific issues worked. During this stage, the Second Montevideo Conference (1939-1940) was held, in which eight treaties and a protocol were approved. The themes of the conventions were political asylum and refuge, intellectual property, exercise of free professions, international commercial navigation, international criminal law, and international procedural law. The participating countries were Argentina, Chile, Colombia, Bolivia, Brazil, Paraguay, Peru, and Uruguay.

d) Fourth stage. Finally, after many years of OAS inactivity, Dr. Tatiana B. de Maekelt, a Venezuelan professor and jurist in PIL, as legal director of the OAS, undertook the titanic task of creating the Inter-American Commission on PIL, known today by its acronym CIDIP. This fourth stage began in January 1975 with the celebration of the American Specialized Conferences on PIL (CIDIP), which began in Panama; its sixth conference was held in the city of Washington in February 2002, and the seventh conference is in the process of organization, to address the following topics:

i) Consumer protection: applicable law, jurisdiction, and monetary restitution (conventions and model laws);

ii) Movable guarantees: electronic records for the implementation of the Inter-American Model Law on Movable Guarantees.