In this paper, the concept of international treaty in contemporary international law is being analyzed. The concept of international treaty is being reviewed to international as well as to national extent of Lithuania and some other countries, applying the national law of different countries and international law, which define the concept of international treaty. The subject of the research – the main features of an international treaty, advantages and disadvantages of its consolidation in national and international law. The main objective is, by analyzing literature and the practice of courts, to reveal the concept of contemporary international treaty to international and national extent, and to reveal the advantages and disadvantages of international documents, which consolidate the main elements of an international treaty, as well as to find an optimal opportunity to sort out the problem of an ambiguous concept of international treaty. Appealing to the main instruments of international law, the major features of an international law are revealed: it must be an international agreement; it must governed by international law; it must be made in written form; concluded between States or international organizations; embodied in a single instrument or in two or more related instruments; whatever its particular designation. In the paper a problem of insufficient revelation of the main features of an international treaty in international law is analyzed. One more feature of an... [to full text]

Master´s thesis describes types of the international contracts of EU and its process of negotiation and approval in the EU and in The Czech republic. As an example was chosen The Transatlantic Trade and Investment Partnership (TTIP).

In this work there has been analyzed the States expression to be bound by a treaty as one of the treaty making process stages. A detailed study of the means of the expression to be bound by a treaty provided in the 1969 Vienna Convention on the Law of Treaties and the domestic law of the Republic of Lithuania was accomplished: signature, ratification, accession, acceptance, approval, exchange of instruments. The misalignments of the international law and the domestic law of the Republic of Lithuania in the field of expression to be bound by a treaty and a legal impact of them were highlighted. The treaties were divided from the administrative agreements as well. At the end of the work a repeated expression to be bound by a treaty was discussed, some adjustments for the domestic legal acts were proposed.

<p>Genetic resources are vital to all people, but especially the poor. They are also important for biodiversity, in turn a key factor in sustainable development. Since 1980, the bio industries have utilized genetic resources in their work, for example on pharmaceuticals, and patented their findings. This has created mistrust and malcontent among biodiverse poor countries in the South. To promote biodiversity protection and ensure access to and fair and equitable sharing of the benefits from the usage of genetic resources, the Convention of Biological Diversity requests an international regime. Negotiations for the Access and Benefit Sharing regime began in 2001 and have intensified as its end date, 2010, draws nearer.</p><p>People in Babati, Tanzania are as dependant on traditional medicine, which utilizes wild genetic resources, as they are on modern medicine. The status in the regime of communities such as those of Babati is principally important if sustainable development is to be reached. The greatest issue for the model currently under negotiation to deal with in order to truly promote sustainable development is equity.</p>

Genetic resources are vital to all people, but especially the poor. They are also important for biodiversity, in turn a key factor in sustainable development. Since 1980, the bio industries have utilized genetic resources in their work, for example on pharmaceuticals, and patented their findings. This has created mistrust and malcontent among biodiverse poor countries in the South. To promote biodiversity protection and ensure access to and fair and equitable sharing of the benefits from the usage of genetic resources, the Convention of Biological Diversity requests an international regime. Negotiations for the Access and Benefit Sharing regime began in 2001 and have intensified as its end date, 2010, draws nearer. People in Babati, Tanzania are as dependant on traditional medicine, which utilizes wild genetic resources, as they are on modern medicine. The status in the regime of communities such as those of Babati is principally important if sustainable development is to be reached. The greatest issue for the model currently under negotiation to deal with in order to truly promote sustainable development is equity.

This thesis provides an analysis of recent attempts to regulate the governance of genetic resources through the initiation of new global commons regimes. These attempts have arisen out of a combination of the growing recognition of genetic resources' value and global nature; a new resurgence in support for the common property paradigm; and, during a period in which the world is becoming increasingly globalised, with many governance competencies moving to the supranational level. They can be viewed as part of a broader effort to proffer the common property approach as a legitimate alternative in the property regime debate: a debate that has increasingly become trapped in the public-private dichotomy at the dawn of the twenty-first century. The aim of this thesis is to investigate the success of these attempts, and offer suggestions about how future attempts might be more successful. While there are a multitude of books, articles, opinion pieces and media reports produced that concern themselves with property theory, intellectual property theory, the efficacy or morality of applying property regimes to living materials, and the threats and promises of globalisation, all of which influence the notion of a potential global genetic commons, relatively little has been written directly on the idea of applying global common property regimes to genetic resource governance issues. The first part of this thesis constructs a theory of a global genetic commons, drawing inspiration from a variety of sources, while the second part tests this theory in order to analyse the outcomes of the recent attempts, and suggest directions for future research. The thesis finds that the conception of a global genetic commons is indeed a valid one, and that while not all attempts so far have been successful, the common property paradigm does offer valuable insights for the future governance of genetic resources at the global level.

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Submitted by Renata Lopes (renatasil82@gmail.com) on 2017-03-23T17:04:39Z No. of bitstreams: 1 luizcarlossilvafariajunior.pdf: 1177217 bytes, checksum: d47aa19ce5a96feb3a0d19cbe22ef465 (MD5) / Approved for entry into archive by Adriana Oliveira (adriana.oliveira@ufjf.edu.br) on 2017-03-24T12:36:05Z (GMT) No. of bitstreams: 1 luizcarlossilvafariajunior.pdf: 1177217 bytes, checksum: d47aa19ce5a96feb3a0d19cbe22ef465 (MD5) / Approved for entry into archive by Adriana Oliveira (adriana.oliveira@ufjf.edu.br) on 2017-03-24T12:36:21Z (GMT) No. of bitstreams: 1 luizcarlossilvafariajunior.pdf: 1177217 bytes, checksum: d47aa19ce5a96feb3a0d19cbe22ef465 (MD5) / Made available in DSpace on 2017-03-24T12:36:21Z (GMT). No. of bitstreams: 1 luizcarlossilvafariajunior.pdf: 1177217 bytes, checksum: d47aa19ce5a96feb3a0d19cbe22ef465 (MD5) Previous issue date: 2015-05-28 / Este trabalho tem por objetivo realizar uma análise da Agenda das Nações Unidas na área de Direitos Humanos e Empresas. Para tal, utiliza-se da analogia bíblica da batalha entre Golias e Davi, estando de um lado o capital global na figura das empresas transnacionais e do outro uma aliança de proteção e defesa dos Direitos Humanos, composta por organizações não governamentais, coletivos e movimentos sociais, ativistas e outros atores. A análise pretendida se constrói sob orientação da Teoria Neogramsciana de Relações Internacionais, propondo-se a desenvolver uma perspectiva histórica e crítica aos processos em curso atualmente na ONU na implementação de um marco normativo internacional para responsabilização de empresas transnacionais por violações de Direitos Humanos, quais sejam o Grupo de Trabalho das Nações Unidas sobre Empresas e Direitos Humanos e os fóruns internacionais organizados anualmente para debate da temática, e o Tratado Internacional na área, que teve processo de elaboração deflagrado em junho de 2014 com a aprovação da Resolução 26/9 no Conselho de Direitos Humanos da ONU. / This paper aims to realize an analysis of the United Nations Agenda on Human Rights and Business. With this purpose, it uses the biblical analogy of the battle between Golias and David, standing in one side the global capital, represented by the transnational corporations and, at the other side, a global alliance for human rights defense and protection, composed of NGOs, social collectives and movements, activists and other actors. The intended analysis is built under orientation of the Neogramscian Theory of International Relations, and proposes to develop a historical and critical perspective of the current processes at the UN for the implementation of an international normative mark to have transnational corporations accountable for human rights violations. These processes are the activities of the UN Working Group on Business and Human Rights and the international forums organized annually to debate the theme, and the International Treaty, which had its elaboration process triggered in June 2014 with the approval of the Resolution 26/9 at the UN Human Rights Council.

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Disposal with an Investment Claim JUDr. Filip Černý International investment protection is very special legal discipline which stands at the borderline between public and private, international and national (domestic) law. The intersections between these legal areas produce a vast range of questions on the applicable law and the nature of the legal institutes inherent to investment protection. The legal system of investment protection is founded on a matrix consisting of bilateral and multilateral treaties and simultaneously shares some of the customary origins inherent to diplomatic protection of foreigners. The particularity of the investment protection system is given by the existence of the diagonal relations between the host state and the investor of the other state. The combination of the public international law sources and the diagonal relations developing inside the public international law matrix induce questions on the nature of such rights and obligations arising inside of the investment protection system among its actors. Author analyses these relations with an aim to determine the nature of the investment claim as a prerequisite for a volitional disposal of the investment claim by the investor.