United Nations Office of Legal Affairs
The United Nations Office of Legal Affairs is a United Nations office administered by Under-Secretary-General for Legal Affairs and Legal Counsel of the United Nations Miguel de Serpa Soares. Established in 1946, the United Nations Office of Legal Affairs provides a unified central legal service for the Secretariat and the principal and other organs of the United Nations and contributes to the progressive development and codification of international public and trade law. Pursuant to Article 102 of the UN Charter, OLA registers and serves as a depository of international treaties; the office functions to promote the strengthening and development as well as the effective implementation of the international legal order for the seas and oceans. The Office consists of six divisions: Office of the Legal Counsel General Legal Division Codification Division Division for Ocean Affairs and the Law of the Sea International Trade Law Division Treaty Section; the Office of Legal Affairs, through its Treaty Section, discharges the depositary functions of the Secretary-General under more than 560 multilateral treaties, including the custody of originals and the receipt of signatures and instruments of ratification, etc.
The Office is responsible for the registration and publication of treaties and international agreements under Article 102 of the Charter of the United Nations. After their adoption, Treaties as well as their amendments have to follow the official legal procedures of the United Nations, as applied by the Office of Legal Affairs, including signature and entry into force. United Nations General Assembly Sixth Committee International conventions on terrorism International Law Commission United Nations Commission on International Trade Law Hans Corell: United Nations Office of Legal Affairs, in: Karel Wellens: International Law: Theory and Practice. Essays in Honour of Eric Suy, The Hague/Boston/London: Martinus Nijhoff 1998, pp. 305–322. UN Office of Legal Affairs International Law - Action Plan Treaty Section United Nations Rule of Law: The Office of Legal Affairs, on the rule of law work conducted by the Office of Legal Affairs; the United Nations Audiovisual Library of International Law
Parliamentary procedure is the body of rules and customs governing meetings and other operations of clubs, legislative bodies and other deliberative assemblies. In the United Kingdom, Ireland, New Zealand, South Africa and other English-speaking countries it is called chairmanship, the law of meetings, procedure at meetings or the conduct of meetings. In the United States, parliamentary procedure is referred to as parliamentary law, parliamentary practice, legislative procedure or rules of order. At its heart is the rule of the majority with respect for the minority, its object is to allow deliberation upon questions of interest to the organization and to arrive at the sense or the will of the assembly upon these questions. Self-governing organizations follow parliamentary procedure to debate and reach group decisions—usually by vote—with the least possible friction. Rules of order consist of rules written by the body itself, but usually supplemented by a published parliamentary authority adopted by the body.
National, state/provincial and other full-scale legislative assemblies have extensive internally written rules of order, whereas non-legislative bodies write and adopt a limited set of specific rules as the need arises. The term gets its name from its use in the parliamentary system of government. In the 16th and 17th century, there were rules of order in the early Parliaments of England. In the 1560s Sir Thomas Smyth began the process of writing down accepted procedures and published a book about them for the House of Commons in 1583. Early rules included One subject should be discussed at a time Personal attacks are to be avoided in debate Debate must be limited to the merits of the question Division of a question when some seem to be for one part but not the other The Westminster parliamentary procedures are followed in several Commonwealth countries, including the United Kingdom, Australia, New Zealand and South Africa. In Canada, for example, the House of Commons uses House of Commons Procedure and Practice as its primary procedural authority.
Others include Arthur Beauchesne’s Parliamentary Rules and Forms of the House of Commons of Canada, Sir John George Bourinot’s Parliamentary Procedure and Practice in the Dominion of Canada, Erskine May’s The Law, Privileges and Usage of Parliament from Britain. The rules of the United States Congress were developed from the parliamentary procedures used in Britain; the American parliamentary procedures are followed in many nations, including Indonesia, the Philippines and South Korea. The procedures of the Diet of Japan have moved away from the British parliamentary model. In Occupied Japan, there were efforts to bring Japanese parliamentary procedures more in line with American congressional practices. In Japan, informal negotiations are more important than formal procedures. Written codes of rules govern in Italy the life of the Houses of the Parliament: the Constitutional Court is judge on the limits beyond which these regulations cannot go, exceeding the parliamentary or political function, on their bad application when a law is passed through.
Parliamentary procedure is based on the principles of allowing the majority to make decisions and efficiently, while ensuring fairness towards the minority and giving each member or delegate the right to voice an opinion. Voting determines the will of the assembly. While each assembly may create their own set of rules, these sets tend to be more alike than different. A common practice is to adopt a standard reference book on parliamentary procedure and modify it through special rules of order that supersede the adopted authority. A parliamentary structure conducts business through motions. Members bring business before the assembly by introducing main motions, or dispose of this business through subsidiary motions and incidental motions. Parliamentary procedure allows for rules in regards to nomination, disciplinary action, appeals and the drafting of organization charters and bylaws; the most common procedural authority in use in the United States is Robert's Rules of Order. Other authorities include The Standard Code of Parliamentary Procedure and Demeter's Manual of Parliamentary Law and Procedure.
A common text in use in the UK within trade unions, is Lord Citrine's ABC of Chairmanship. In English-speaking Canada, popular authorities include Kerr & King's Procedures for Meeting and Organizations; the Conservative Party of Canada uses Wainberg's Society meetings including rules of order to run its internal affairs. In French-speaking Canada used rules of order for ordinary societies include Victor Morin's Procédures des assemblées délibérantes and the Code CSN. Legislative assemblies in all countries, because of their nature, tend to have a specialized set of rules that differ from parliamentary procedure used by clubs and organizations. In the United Kingdom, Thomas Erskine May's Treatise on the Law, Privileges and Usage of Parliament is the accepted authority on the powers and procedures of the Westminster parliament. There are the Standing Orders for each House. Of the 99 state legislative chambers in the United States, Mason's Manual of Legislative Procedure governs parliamentary procedures in 70.
The United States Senate follows the Standing Rules of the United States Senate, whil
A signature is a handwritten depiction of someone's name, nickname, or a simple "X" or other mark that a person writes on documents as a proof of identity and intent. The writer of a signature is a signer. Similar to a handwritten signature, a signature work describes the work as identifying its creator. A signature may be confused with an autograph, chiefly an artistic signature; this can lead to confusion when people have both an autograph and signature and as such some people in the public eye keep their signatures private whilst publishing their autograph. The traditional function of a signature is to permanently affix to a document a person’s uniquely personal, undeniable self-identification as physical evidence of that person's personal witness and certification of the content of all, or a specified part, of the document. For example, the role of a signature in many consumer contracts is not to provide evidence of the identity of the contracting party, but to provide evidence of deliberation and informed consent.
In many countries, signatures may be witnessed and recorded in the presence of a notary public to carry additional legal force. On legal documents, an illiterate signatory can make a "mark", so long as the document is countersigned by a literate witness. In some countries, illiterate people place a thumbprint on legal documents in lieu of a written signature. In the United States, signatures encompass marks and actions of all sorts that are indicative of identity and intent; the legal rule is that unless a statute prescribes a particular method of making a signature it may be made in any number of ways. These include by a mechanical or rubber stamp facsimile. A signature may be made by the purported signatory. Many individuals have much more fanciful signatures than their normal cursive writing, including elaborate ascenders and exotic flourishes, much as one would find in calligraphic writing; as an example, the final "k" in John Hancock's famous signature on the US Declaration of Independence loops back to underline his name.
This kind of flourish is known as a paraph. Paraphe is a term meaning initial or signature in French; the paraph is used in graphology analyses. Several cultures whose languages use writing systems other than alphabets do not share the Western notion of signatures per se: the "signing" of one's name results in a written product no different from the result of "writing" one's name in the standard way. For these languages, to write or to sign involves the same written characters. See Calligraphy. Special signature machines, called autopens, are capable of automatically reproducing an individual's signature; these are used by people required to sign a lot of printed matter, such as celebrities, heads of state or CEOs. More Members of Congress in the United States have begun having their signature made into a TrueType font file; this allows staff members in the Congressman's office to reproduce it on correspondence and official documents. In the East Asian languages of Chinese and Korean, people traditionally use stamp-like objects known as name-seals with the name carved in tensho script in lieu of a handwritten signature.
Some government agencies require that professional persons or official reviewers sign originals and all copies of originals to authenticate that they viewed the content. In the United States this is prevalent with architectural and construction plans, its intent is to prevent mistakes or fraud but the practice is not known to be effective. In e-mail and newsgroup usage, another type of signature exists, independent of one's language. Users can set one or more lines of custom text known as a signature block to be automatically appended to their messages; this text includes a name, contact information, sometimes quotations and ASCII art. A shortened form of a signature block, only including one's name with some distinguishing prefix, can be used to indicate the end of a post or response; some web sites allow graphics to be used. Note, that this type of signature is not related to electronic signatures or digital signatures, which are more technical in nature and not directly understandable by humans.
On Wikipedia, an online wiki-based encyclopedia edited by volunteers, the contributors "sign" their comments on talk pages with their username. The signature on a painting or other work of art has always been an important item in the assessment of art. Fake signatures are sometimes added to enhance the value of a painting, or are added to a fake painting to support its authenticity. A notorious case was the signature of Johannes Vermeer on the fake "Supper at Emmaus" made by the art-forger Han van Meegeren. However, the fact that painters' signatures vary over time might complicate the issue; the signatures of some painters take on an artistic form that may be of less value in determining forgeries. The term "signature" is used to mean the characteristics that give an object, or a piece of information, its identity—for example, the shape of a Coca-Cola bottle. In rock music and heavy metal music, electric guitarists develop a unique tone and sound using particular settings on their guitar amp, effects units and modifications to their guitar pickups, called their "signature sound".
In wrestling such as WWE, wrestlers are
The United Kingdom the United Kingdom of Great Britain and Northern Ireland, sometimes referred to as Britain, is a sovereign country located off the north-western coast of the European mainland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, many smaller islands. Northern Ireland is the only part of the United Kingdom that shares a land border with another sovereign state, the Republic of Ireland. Apart from this land border, the United Kingdom is surrounded by the Atlantic Ocean, with the North Sea to the east, the English Channel to the south and the Celtic Sea to the south-west, giving it the 12th-longest coastline in the world; the Irish Sea lies between Great Ireland. With an area of 242,500 square kilometres, the United Kingdom is the 78th-largest sovereign state in the world, it is the 22nd-most populous country, with an estimated 66.0 million inhabitants in 2017. The UK is constitutional monarchy; the current monarch is Queen Elizabeth II, who has reigned since 1952, making her the longest-serving current head of state.
The United Kingdom's capital and largest city is London, a global city and financial centre with an urban area population of 10.3 million. Other major urban areas in the UK include Greater Manchester, the West Midlands and West Yorkshire conurbations, Greater Glasgow and the Liverpool Built-up Area; the United Kingdom consists of four constituent countries: England, Scotland and Northern Ireland. Their capitals are London, Edinburgh and Belfast, respectively. Apart from England, the countries have their own devolved governments, each with varying powers, but such power is delegated by the Parliament of the United Kingdom, which may enact laws unilaterally altering or abolishing devolution; the nearby Isle of Man, Bailiwick of Guernsey and Bailiwick of Jersey are not part of the UK, being Crown dependencies with the British Government responsible for defence and international representation. The medieval conquest and subsequent annexation of Wales by the Kingdom of England, followed by the union between England and Scotland in 1707 to form the Kingdom of Great Britain, the union in 1801 of Great Britain with the Kingdom of Ireland created the United Kingdom of Great Britain and Ireland.
Five-sixths of Ireland seceded from the UK in 1922, leaving the present formulation of the United Kingdom of Great Britain and Northern Ireland. There are fourteen British Overseas Territories, the remnants of the British Empire which, at its height in the 1920s, encompassed a quarter of the world's land mass and was the largest empire in history. British influence can be observed in the language and political systems of many of its former colonies; the United Kingdom is a developed country and has the world's fifth-largest economy by nominal GDP and ninth-largest economy by purchasing power parity. It has a high-income economy and has a high Human Development Index rating, ranking 14th in the world, it was the world's first industrialised country and the world's foremost power during the 19th and early 20th centuries. The UK remains a great power, with considerable economic, military and political influence internationally, it is sixth in military expenditure in the world. It has been a permanent member of the United Nations Security Council since its first session in 1946.
It has been a leading member state of the European Union and its predecessor, the European Economic Community, since 1973. The United Kingdom is a member of the Commonwealth of Nations, the Council of Europe, the G7, the G20, NATO, the Organisation for Economic Co-operation and Development and the World Trade Organization; the 1707 Acts of Union declared that the kingdoms of England and Scotland were "United into One Kingdom by the Name of Great Britain". The term "United Kingdom" has been used as a description for the former kingdom of Great Britain, although its official name from 1707 to 1800 was "Great Britain"; the Acts of Union 1800 united the kingdom of Great Britain and the kingdom of Ireland in 1801, forming the United Kingdom of Great Britain and Ireland. Following the partition of Ireland and the independence of the Irish Free State in 1922, which left Northern Ireland as the only part of the island of Ireland within the United Kingdom, the name was changed to the "United Kingdom of Great Britain and Northern Ireland".
Although the United Kingdom is a sovereign country, Scotland and Northern Ireland are widely referred to as countries. The UK Prime Minister's website has used the phrase "countries within a country" to describe the United Kingdom; some statistical summaries, such as those for the twelve NUTS 1 regions of the United Kingdom refer to Scotland and Northern Ireland as "regions". Northern Ireland is referred to as a "province". With regard to Northern Ireland, the descriptive name used "can be controversial, with the choice revealing one's political preferences"; the term "Great Britain" conventionally refers to the island of Great Britain, or politically to England and Wales in combination. However, it is sometimes used as a loose synonym for the United Kingdom as a whole; the term "Britain" is used both as a synonym for Great Britain, as a synonym for the United Kingdom. Usage is mixed, with the BBC preferring to use Britain as shorthand only for Great Britain and the UK Government, while accepting that both terms refer to the United K
A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity, determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; some constitutions are uncodified, but written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom; some constitutions codified constitutions act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights.
The Constitution of India is the longest written constitution of any country in the world, containing 444 articles in 22 parts, 12 schedules and 118 amendments, with 146,385 words in its English-language version. The Constitution of Monaco is the shortest written constitution, containing 10 chapters with 97 articles, a total of 3,814 words; the term constitution comes through French from the Latin word constitutio, used for regulations and orders, such as the imperial enactments. The term was used in canon law for an important determination a decree issued by the Pope, now referred to as an apostolic constitution; every modern written constitution confers specific powers to an organization or institutional entity, established upon the primary condition that it abide by the said constitution's limitations. According to Scott Gordon, a political organization is constitutional to the extent that it "contain institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry, including those that may be in the minority".
Activities of officials within an organization or polity that fall within the constitutional or statutory authority of those officials are termed "within power". For example, a students' union may be prohibited as an organization from engaging in activities not concerning students. An example from the constitutional law of sovereign states would be a provincial parliament in a federal state trying to legislate in an area that the constitution allocates to the federal parliament, such as ratifying a treaty. Action that appears to be beyond power may be judicially reviewed and, if found to be beyond power, must cease. Legislation, found to be beyond power will be "invalid" and of no force. In this context, "within power", intra vires, "authorized" and "valid" have the same meaning. In most but not all modern states the constitution has supremacy over ordinary statutory law, it was never "law" though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation.
Sometimes the problem is not that a statute is unconstitutional, but the application of it is, on a particular occasion, a court may decide that while there are ways it could be applied that are constitutional, that instance was not allowed or legitimate. In such a case, only the application may be ruled unconstitutional; the remedy for such violations have been petitions for common law writs, such as quo warranto. Excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice, issued by the Sumerian king Urukagina of Lagash ca 2300 BC; the earliest prototype for a law of government, this document itself has not yet been discovered. For example, it is known that it relieved tax for widows and orphans, protected the poor from the usury of the rich. After that, many governments ruled by special codes of written laws; the oldest such document still known to exist seems to be the Code of Ur-Nammu of Ur. Some of the better-known ancient law codes include the code of Lipit-Ishtar of Isin, the code of Hammurabi of Babylonia, the Hittite code, the Assyrian code and Mosaic law.
In 621 BC, a scribe named. In 594 BC, the ruler of Athens, created the new Solonian Constitution, it eased the burden of the workers, determined that membership of the ruling class was to be based on wealth, rather than by birth. Cleisthenes again
Royal assent is the method by which a monarch formally approves an act of the legislature. In some jurisdictions, royal assent is equivalent to promulgation, while in others, a separate step. Under a modern constitutional monarchy royal assent is considered to be little more than a formality. While the power to veto a law by withholding royal assent was once exercised by European monarchs, such an occurrence has been rare since the eighteenth century. Royal assent is sometimes associated with elaborate ceremonies. In the United Kingdom, for instance, the sovereign may appear in the House of Lords or may appoint Lords Commissioners, who announce that royal assent has been granted at a ceremony held at the Palace of Westminster for this purpose. However, royal assent is granted less ceremonially by letters patent. In other nations, such as Australia, the governor-general signs a bill. In Canada, the governor general may give assent either in person at a ceremony held in the Senate or by a written declaration notifying parliament of their agreement to the bill.
Before the Royal Assent by Commission Act 1541 became law, assent was always required to be given by the sovereign in person before Parliament. The last time royal assent was given by the sovereign in person in Parliament was in the reign of Queen Victoria at a prorogation on 12 August 1854; the Act was repealed and replaced by the Royal Assent Act 1967. However section 1 of that Act does not prevent the sovereign from declaring assent in person if he or she so desires. Royal assent is the final step required for a parliamentary bill to become law. Once a bill is presented to the sovereign or the sovereign's representative, he or she has the following formal options: the sovereign may grant royal assent, thereby making the bill an Act of Parliament; the sovereign may delay the bill's assent through the use of his or her reserve powers, thereby vetoing the bill. The sovereign may refuse royal assent on the advice of her ministers; the last bill, refused assent by the sovereign was the Scottish Militia Bill during Queen Anne's reign in 1708.
Under modern constitutional conventions, the sovereign acts on, in accordance with, the advice of his or her ministers. However, there is some disagreement among scholars as to whether the monarch should withhold royal assent to a bill if advised to do so by her ministers. Since these ministers most enjoy the support of parliament and obtain the passage of bills, it is improbable that they would advise the sovereign to withhold assent. Hence, in modern practice, the issue has never arisen, royal assent has not been withheld; the sovereign is believed not to have the power to withhold assent from a bill against the advice of ministers. Legislative power was exercised by the sovereign acting on the advice of the Curia regis, or Royal Council, in which important magnates and clerics participated and which evolved into parliament. In 1265, the Earl of Leicester irregularly called a full parliament without royal authorisation. Membership of the so-called Model Parliament, established in 1295 under Edward I included bishops, earls, two knights from each shire and two burgesses from each borough.
The body came to be divided into two branches: bishops, abbots and barons formed the House of Lords, while the shire and borough representatives formed the House of Commons. The King would seek the consent of both houses before making any law. During Henry VI's reign, it became regular practice for the two houses to originate legislation in the form of bills, which would not become law unless the sovereign's assent was obtained, as the sovereign was, still remains, the enactor of laws. Hence, all Acts include the clause "Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, Commons, in this present Parliament assembled, by the authority of the same, as follows...". The Parliament Acts 1911 and 1949 provide a second potential preamble if the House of Lords were to be excluded from the process; the power of parliament to pass bills was thwarted by monarchs. Charles I dissolved parliament in 1629, after it passed motions and bills critical of—and seeking to restrict—his arbitrary exercise of power.
During the eleven years of personal rule that followed, Charles performed dubious actions such as raising taxes without Parliament's approval. After the English Civil War, it was accepted that parliament should be summoned to meet but it was still commonplace for monarchs to refuse royal assent to bills. In 1678, Charles II withheld his assent from a bill "for preserving the Peace of the Kingdom by raising the Militia, continuing them in Duty for Two and Forty Days," suggesting that he, not parliament, should control the militia; the last Stuart monarch, Anne withheld on 11 March 1708, on the advice of her ministers, her assent to the Scottish Militia Bill. No monarch has since withheld royal assent on a bill passed by the British parliament. During the rule of the succeeding Hanoverian dynasty, power was exercised more by parliament and the government; the first Hanoverian monarch, George I, relied on his ministers to a greater extent than had previous monarchs. Hanoverian monarchs attempted to restore royal control over legislation: G
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law; as a body of law, administrative law deals with the decision-making of the administrative units of government that are part of a national regulatory scheme in such areas as police law, international trade, the environment, broadcasting and transport. Administrative law expanded during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social and political spheres of human interaction. Civil law countries have specialized courts, administrative courts, that review these decisions. Unlike most common-law jurisdictions, the majority of civil law jurisdictions have specialized courts or sections to deal with administrative cases which, as a rule, will apply procedural rules designed for such cases and different from that applied in private-law proceedings, such as contract or tort claims.
In Brazil, unlike most Civil-law jurisdictions, there is no specialized court or section to deal with administrative cases. In 1998, a constitutional reform, led by the government of President Fernando Henrique Cardoso, introduced regulatory agencies as a part of the executive branch. Since 1988, Brazilian administrative law has been influenced by the judicial interpretations of the constitutional principles of public administration: legality, publicity of administrative acts and efficiency; the President of the Republic exercises the administrative function, in collaboration with several Ministries or other authorities with ministerial rank. Each Ministry has one or more under-secretary that performs through public services the actual satisfaction of public needs. There is not a single specialized court to deal with actions against the Administrative entities, but instead there are several specialized courts and procedures of review. In France, most claims against the national or local governments as well as claims against private bodies providing public services are handled by administrative courts, which use the Conseil d'État as a court of last resort for both ordinary and special courts.
The main administrative courts are the tribunaux administratifs and appeal courts are the cours administratives d'appel. Special administrative courts include the National Court of Asylum Right as well as military and judicial disciplinary bodies; the French body of administrative law is called "droit administratif". Over the course of their history, France's administrative courts have developed an extensive and coherent case law and legal doctrine before similar concepts were enshrined in constitutional and legal texts; these principes include: Right to fair trial, including for internal disciplinary bodies Right to challenge any administrative decision before an administrative court Equal treatment of public service users Equal access to government employment without regard for political opinions Freedom of association Right to Entrepreneurship Right to Legal certainty French administrative law, the founder of Continental administrative law, has a strong influence on administrative laws in several other countries such as Belgium, Greece and Tunisia.
Administrative law in Germany, called "Verwaltungsrecht" de:Verwaltungsrecht rules the relationship between authorities and the citizens and therefore, it establishes citizens' rights and obligations against the authorities. It is a part of the public law, which deals with the organization, the tasks and the acting of the public administration, it contains rules, regulations and decisions created by and related to administrative agencies, such as federal agencies, federal state authorities, urban administrations, but admission offices and fiscal authorities etc. Administrative law in Germany follows three basic principles. Principle of the legality of the authority, which means that there is no acting against the law and no acting without a law. Principle of legal security, which includes a principle of legal certainty and the principle of nonretroactivity Principle of proportionality, which says that an act of an authority has to be suitable and appropriateAdministrative law in Germany can be divided into general administrative law and special administrative law.
The general administration law is ruled in the administrative procedures law. Other legal sources are the Rules of the Administrative Courts, the social security code and the general fiscal law; the Verwaltungsverfahrensgesetz, enacted in 1977, regulates the main administrative procedures of the federal government. It serves the purpose to ensure a treatment in accordance with the rule of law by the public authority. Furthermore, it contains the regulations for mass processes and expands the legal protection against the authorities; the VwVfG applies for the entire public administrative activities of federal agencies as well as federal state authorities, in case of m