Пересічна людина в історичному вимірі (с. Березно на Холмщині)

Висвітлено матеріальне і духовне життя, побут, освітні, релігійні і звичаєві традиції звичайної людини з села Березна на Холмщині.Освещена материальная и духовная жизнь, быт, традиции, образование, религиозные обычаи обыкновенного человека из села Березно на Холмщине.Material and spiritual life, everyday life, educational, religious and common traditions of an ordinary person from the village of Berezno in Kholmshchyna are enlightened in the article

Secondary sanctions : a weapon out of control? The international legality of, and european responses to, US secondary sanctions

The US is increasingly weaponizing economic sanctions to push through its foreign policy agenda. Making use of the centrality of the US in the global economy, it has imposed ‘secondary sanctions’ on foreign firms, which are forced to choose between trading with US sanctions targets or forfeiting access to the lucrative US market. In addition, the US has penalized foreign firms for breaching US sanctions legislation. In this contribution, it is argued that the international lawfulness of at least some secondary sanctions is doubtful in light of the customary international law of jurisdiction, as well as conventional international law (eg, WTO law). The lawfulness of these sanctions could be contested before various domestic and international judicial mechanisms, although each mechanism comes with its own limitations. To counter the adverse effects of secondary sanctions, third states and the EU can also make use of, and have already made use of, various non-judicial mechanisms, such as blocking statutes, special purpose vehicles to circumvent the reach of sanctions, or even countermeasures. The effectiveness of such mechanisms is, however, uncertain

Extraterritorial Enforcement Jurisdiction in Cyberspace: Normative Shifts

The most eye-catching effect of digitalization on the law of enforcement jurisdiction is the fading into irrelevance of territoriality. Insofar as the “physical” location of digital data—on a server—may be entirely fortuitous and may in fact not be known by the territorial state, it appears unreasonable for that state to invoke its territorial sovereignty as a shield against another state’s claims over such data. To prevent a jurisdictional free-for-all, however, it is key that the exercise of extraterritorial enforcement jurisdiction in cyberspace becomes subject to a stringent test weighting all relevant connections and interests in concrete cases. Introducing such a weighting test means that extraterritorial enforcement jurisdiction is no longer governed by binary rules (allowed and not allowed), but becomes a matter of degree, requiring a granular, contextual assessment. It remains the case that such a flexible attitude towards extraterritorial enforcement jurisdiction is not universally shared, and that relevant state practice and expert opinion in favor of the “un-territoriality of data” has a particular Western slant

Due Diligence and Corporate Liability of the Defence Industry: Arms Exports, End Use and Corporate Responsibility

Due diligence is a frequently used concept that describes measures aimed at preventing and mitigating adverse impacts and risks. Due diligence should be highly relevant to the defence industry: It is estimated the combined arms sales of the world’s top 100 armsproducing and military services companies to have been $531 billion in 2020, of which 21 per cent (or$109 billion) was derived from the arms sales of 26 European companies. Such an overall market size is accompanied by a general recognition of the adverse impacts that exported arms may have in either intended countries or ultimate destinations. Despite the recognition of adverse impacts, relatively limited attention has been paid to due diligence and the associated liability of arms-exporting companies compared to those applicable to some other business sectors

The Immunity of the Holy See

This article offers a critical assessment of the European Court of Human Rights’ Judgment in the case J.C. and others v Belgium, the first pronouncement of an international court concerning the jurisdictional immunity of the Holy See. Rendered in a case concerning sexual abuse within the Catholic Church, the decision raises a number of relevant questions concerning the application of State immunity to a non-state actor and its impact on the right to have access to a court. The article discusses the legal status of the Holy See and whether it enjoys state immunity under international law, focusing on the distinction between sovereign and private acts, and the possibility to qualify the members of the clergy as agents of the Holy See for the purpose of the territorial tort exception. It also discusses how granting immunity to the Holy See may frustrate the attempts of the victims to make the apical organs of the Church accountable for their handling of sex abuse scandals