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International audience ; This article deals with the legal bases of French merchants' commerce in the River Plate. With the independence and the end of the Spanish commercial monopoly system, they became more present in the region despite revolutionary and post-revolutionary turmoil. The Buenos Aires Commercial Court played a key role in providing legal security for the business of French merchants, which facilitated their settlement in the region. While they recognized the court's legitimacy as long as it enforced the rules of free trade, political upheavals and growing factionalism called into question the court's ability to ensure the fluidity of transactions, prompting French merchants to turn to other institutions for protection and exacerbating international tensions. ; L'article s'intéresse aux fondements juridiques du commerce des Français qui, avec l'indépendance et la fin du système de monopole commercial espagnol, renforcèrent leur présence au Rio de la Plata malgré les conflits révolutionnaires et postrévolutionnaires. Le tribunal de commerce de Buenos Aires joua un rôle majeur dans la sécurisation juridique des affaires des commerçants français, facilitant leur installation dans la région. Si la légitimité de cette juridiction était reconnue tant qu'elle garantissait les règles du libre commerce, les convulsions politiques et l'exacerbation du. factionnalisme remirent en cause sa capacité à assurer la fluidité des échanges, poussant les commerçants français à rechercher la protection d'autres institutions et attisant les tensions internationales.

International audience This article deals with the legal bases of French merchants' commerce in the River Plate. With the independence and the end of the Spanish commercial monopoly system, they became more present in the region despite revolutionary and post-revolutionary turmoil. The Buenos Aires Commercial Court played a key role in providing legal security for the business of French merchants, which facilitated their settlement in the region. While they recognized the court's legitimacy as long as it enforced the rules of free trade, political upheavals and growing factionalism called into question the court's ability to ensure the fluidity of transactions, prompting French merchants to turn to other institutions for protection and exacerbating international tensions. ; L'article s'intéresse aux fondements juridiques du commerce des Français qui, avec l'indépendance et la fin du système de monopole commercial espagnol, renforcèrent leur présence au Rio de la Plata malgré les conflits révolutionnaires et postrévolutionnaires. Le tribunal de commerce de Buenos Aires joua un rôle majeur dans la sécurisation juridique des affaires des commerçants français, facilitant leur installation dans la région. Si la légitimité de cette juridiction était reconnue tant qu'elle garantissait les règles du libre commerce, les convulsions politiques et l'exacerbation du. factionnalisme remirent en cause sa capacité à assurer la fluidité des échanges, poussant les commerçants français à rechercher la protection d'autres institutions et attisant les tensions internationales.

Gender-based war crimes have occurred for centuries and, until the modern development of ad hoc tribunals, had been largely ignored by the international community and viewed as inevitable consequences of war. Gender-based violent crimes and sexually violent crimes have been charged in the International Criminal Tribunal for Rwanda (ICTR), the International Criminal Tribunal for the former Yugoslavia (ICTY), and the for Sierra Leone (SCSL). The most recent gender-based international criminal prosecutions took place in the SCSL trials of the leaders of the Armed Forces Revolutionary Council (AFRC) and the Revolutionary United Front (RUF). During the armed conflict, soldiers forced women and girls to marry members of their group. The SCSL recognized this crime as "forced marriage" and categorized it as one of the "other inhumane acts" under the umbrella of crimes against humanity. For the first time in history, a court found military leaders guilty of committing other inhumane acts through forced marriage. Forced marriage subjects women to a particular psychological and moral suffering different than that experienced by victims of rape or sexual slavery. This discrepancy results from the fact that forced marriage involves forced conjugal status but may not always be sexual in nature. Therefore, it is wholly inappropriate to subsume incidences of forced marriage under the current crimes against humanity paradigm failing to specify forced marriage as one of the other inhumane acts constituting such crimes. The SCSL decisions noted the importance of charging crimes based on the uniquely damaging practice of forced marriage rather than merely focusing on certain commonalities within the offenses and charging individuals with either rape or sexual slavery. Not only has the acknowledgment of forced marriage as a crime against humanity helped advance the cause of women in , but these decisions are also significant for their potential impact on the prosecution of atrocities in the International Criminal Court (ICC). Every ...

Aliens — Expulsion — Discretion of host State to order expulsion of alien from its territory — Limits of discretion — Minimum international standards — Requirement that alien be afforded reasonable opportunity to wind up affairs — Expulsion of United States citizens from Iran during Iranian Revolution — Actions of Iranian Revolutionary Guards — Whether imputable to Iran — Whether violating minimum standardsDamages — Losses for which damages recoverable — United States citizen expelled from Iran — Claim that property had to be sold at less than full value — Contract of employment lawfully terminated by United States company — Whether damages recoverable from IranGovernments — Revolution — Iran — Identity of organs of government following revolution — Status of Ayatollah Khomeini — Agents of government — Revolutionary GuardsInternational tribunals — Iran-United States Claims Tribunal — Jurisdiction — Claims regarding property — Expulsion of alien from Iran — Whether liable to affect property rights — Whether claim in respect of expulsion within jurisdiction of Tribunal — Procedure — Interim award — Request by United States for interim award regarding expulsions of United States citizens from Iran — Decision that interim award inappropriate179State responsibility — Imputability to the State of acts of groups not formally recognized — Iranian Revolutionary Guards — Status during early period of Iranian Revolution — Whether Revolutionary Guards to be treated as agents of State — Expulsion of United States citizen by Revolutionary Guards — Bribery — Official of State airline demanding bribe from United States citizen — Whether official acting in official capacity — Whether extraction of bribe imputable to State — The law of the Iran-United States Claims Tribunal

В статье анализируется организация правосудия в России республиканского периода. После слома имперского государственного механизма в 1917 году формируется новая модель государственности, основанная на так называемом принципе полновластия советов. Вследствие чего судебные органы встраиваются в конструкцию советской власти и утрачивают организационную независимость. Утверждаются новые принципы организации правосудия, формальный демократизм которой не препятствовал усилению репрессивной роли отечественной юстиции в условиях тоталитарного режима. В эпоху конституционных преобразований конца 80-90-х гг. на завершающем этапе советской истории была начата последняя судебная реформа, которая привела к организации либерально-демократической модели правосудия и утверждению формально независимой судебной власти в современной России. ; The article contains analysis of organization of justice in Russia under republican regime. After the fall of Empire in 1917 a new model of state has emerged. It was founded on so-called 'full power of the Soviets' principle. Justice bodies have became an integral part of the Soviets mechanism and lost its independence. Formal democracy of new organization of justice could not prevent reinforcing its repressive role under totalitarian regime. At the end of the Soviet period in 1980s and 1990s the last judicial reform was launched. It has produced a liberal democratic model of justice and entrenched formally independent justice in contemporary Russia.

The article analyzes the political institutions, processes, technologies characteristic of the period of formation of Soviet power in Crimea after the end of the large-scale Civil War. The phenomenon of the Civil War, from the author's point of view, was expressed in an irreconcilable struggle between the centers of power that emerged from the ruins of the empire, with the geopolitical factor itself playing an important role. The article notes that in Crimea in 1921, emissaries of British and German intelligence services were actively working, that is, those forces that had previously made considerable efforts to overthrow the monarchy and unleash a Civil War in the Russian Empire. The formation of the Crimean ASSR as part of Soviet Russia in the fall of 1921, as well as the creation of a new powerful state of the USSR with its own social project in December 1922, was not at all part of their plans. Therefore, Western opponents tried as much as possible to use the inertia of the Civil War to destabilize one of the key regions of the RSFSR. Under the current conditions, it was quite logical that a number of leaders of the anti-bolshevik underground wanted to establish close contacts with opponents of Soviet power abroad in order to combine efforts in the fight against it, which objectively became a factor of geopolitical tension in the Soviet Republic in general, and in Crimea in particular. In conditions of increasing conflict in Crimea, a system of emergency institutions is being formed. This system included the Crimean Revolutionary Committee and its local bodies, the establishment of the All-Russian Extraordinary Commission, Special Purpose Units, and revolutionary tribunals under the general ideological leadership of party bodies. The author comes to the conclusion that emergency institutions objectively opposed the implementation of projects of Western powers to destabilize the situation in Crimea and contributed to a certain ethnopolitical stabilization of the situation in the region. On the other hand, their activities were characterized by a class approach, which led to thoughtless repressive policies and inevitable "excesses" in their work, aggravated by weak coordination of actions and the lack of strict control at the first stage.

Aliens — Expulsion — Discretion of host State to order expulsion of alien from its territory — Limits of discretion — Minimum international standards — Departure of United States citizens from Iran during Iranian Revolution — Whether voluntary — Constructive expulsion — Whether series of anti-American actions should be treated as raising presumption of constructive expulsionGovernments — Revolution — Iran — Whether new government responsible for acts carried out by supporters during revolution — Whether new government assumes responsibility for acts of former government — Whether period during which former government had lost control but new government not yet in power — Identity of organs of government following revolution — Status of Ayatollah Khomeini — Agents of government — Revolutionary Guards149International tribunals — Iran-United States Claims Tribunal — Jurisdiction — Claims regarding property — Expulsion of alien from Iran — Whether liable to affect property rights — Whether claim in respect of expulsion within jurisdiction of Tribunal — Procedure — Interim award — Request by United States for interim award regarding expulsions of United States citizens from Iran — Decision that interim award inappropriate — Each case to be judged on individual circumstancesState responsibility — Imputability to the State of acts of groups not formally recognized — Iranian Revolutionary Guards — Status during early period of Iranian Revolution — Whether Revolutionary Guards to be treated as agents of State — Expulsion of United States citizen by Revolutionary Guards — Effect of pronouncements by members of government — Whether leading to attacks on United States citizens and their property — Whether sufficient to make acts of private individuals imputable to State — The law of the Iran-United States Claims Tribunal

International audience The period of the Convention has been one of the most studied and the most interpreted, but no research has been done on the whole body of legislation that it enforced. Too much importance has been attached to some of these laws – like the law of 22 Prairial – whereas others have been absolutely neglected. Furthermore, almost no attention has been given to the Legislation committee, although its members were the ones who proposed and drafted all these laws. Amongst them were two key lawyers, Merlin de Douai and Cambacérès, who were responsible for devising the civil and penal texts of this period – except for the law of 22 Prairial. Not only is it essential to know more about their proposals on this topic, but it is also salient to realize that the Convention was busy with the classification and simplification of all laws implemented since the very beginning of the Revolution. A commission was appointed to do the job. At its head was Louis Rondonneau, the great collector and publisher of revolutionary and imperial legislation – until the 1830s.Such an approach can be useful to help us gain a better understanding of the French Revolution. Indeed, it allows us to rediscover some secondary actors who are considered moderates although they were the authors of the most repressive laws of 1793. They even wanted these laws to be perpetuated after Thermidor. Moreover, such an approach gives us concrete proof that the Convention was also preoccupied by common (civil) laws – or what they called 'democratic laws'- and not only by penal and criminal issues – or what has been called revolutionary government. And this revolutionary government was maintained until the enforcement of the 1795 Constitution. ; La Révolution a énormément légiféré, c'est bien connu. Des milliers de lois ont alors été discutées et rédigées par le Comité de législation, qui touchaient à la justice pénale et criminelle mais aussi à la société civile et aux institutions républicaines. C'est de ce comité qu'il sera question ici, ...

"Students of the French Revolution and of women's right are generally familiar with Olympe de Gouges's bold adaptation of the Declaration of the Rights of Man and of the Citizen. However, her Rights of Woman has usually been extracted from its literary context and studied without proper attention to the political consequences of 1791. In Between the Queen and the Cabby, John Cole provides the first full translation of de Gouges's Rights of Woman and the first systematic commentary on its declaration, its attempt to envision a non-marital partnership agreement, and its support for persons of colour. Cole compares and contrasts de Gouges's two texts, explaining how the original text was both her model and her foil. By adding a proposed marriage contract to her pamphlet, she sought to turn the ideas of the French Revolution into a concrete way of life for women. Further examination of her work as a playwright suggests that she supported equality not only for women but for slaves as well. Cole highlights the historical context of de Gouges's writing, going beyond the inherent sexism and misogyny of the time in exploring why her work did not receive the reaction or achieve the influential status she had hoped for. Read in isolation in the gender-conscious twenty-first century, de Gouges's Rights of Woman may seem ordinary. However, none of her contemporaries, neither the Marquis de Condorcet nor Mary Wollstonecraft, published more widely on current affairs, so boldly attempted to extend democratic principles to women, or so clearly related the public and private spheres. Read in light of her eventual condemnation by the Revolutionary Tribunal, her words become tragically foresighted: "Woman has the right to mount the Scaffold; she must also have that of mounting the Rostrum." --Publisher's website

Building on decades of struggle, the January 2011 Tunisian uprising triggered a wave of popular revolt that spread across North Africa and West Asia. After the uprising, Tunisia became the focus of a celebrated project of transitional justice, which is now the globally mandated method of reconciling victims and perpetrators following a nonrevolutionary regime change. However, Tunisia's process of transitional justice must be critically examined. The very paradigm employed—that is, the rule of law that transitional justice consistently seeks to impose—is skewed in favor of imperial interests, which can be traced to the paradigm's origins in the mid–twentieth century victory of European powers over Nazi Germany and its allies. There are other models of justice, however, that are not rooted in this Eurocentric victor's history, but instead derive from revolutionary traditions. A key one is the People's Tribunal, used since the late 1960s. The convening of a People's Tribunal in Tunisia could help amplify and extend the popular-justice claims that surfaced during the country's recent transitional-justice process. Establishing such a tribunal might help build a symbolic reservoir and organizational force that could ultimately contribute to substantial revolutionary change in the country.

Amendments to Criminal Procedure Code No. 23 of 1971 in the Kurdistan Region of Iraq; Muntadar al-Zaidi, 'Shoe Thrower', released; Iraqi High Tribunal; IHEC urges Parliament to accelerate legislation of elections law; Status of Revolutionary Command Council resolutions, laws, decisions and decrees; Bank robbers receive death sentences; Deputy Transport Minister Arrested on Suspicion of Corruption: UPDATE

Contents: Peaceful elections pave way for independence -- Talking with Jakarta -- Success at the polls for women -- Tribunals on trial -- Appeal from Bishop Belo -- Repatriating refugees

The paper examines the preconditions and consequences of the punitive policy of the communist authorities in Odesa province in early 1921. The reasons for such a policy were the failure to fulfil the surplus appropriation system plan for 1920 and, in general, the dissatisfaction of the peasants with the agrarian policy of that power. A significant change for the worse in the food security of the working class provoked the proliferation of anti-communist mood in its environment and demands for the resumption of free trade and tariffs on wages. The food crisis was provoked not only by a significant non-fulfillment of the surplus food appropriation system (prodrozkladka) plan, but also by large amounts of grain removal outside the province, in particular, to Russia, which since 1918 was in a state of permanent hunger. In order to overcome the food crisis in the towns of Odesa province, as well as in Moscow and Petrograd, local authorities started a new campaign for the forced seizure of grain from the peasants in accordance with instructions of the central authorities of Kharkiv and Moscow. Foreseeing the resistance of the peasantry, the authorities simultaneously took measures to struggle with political banditry. Already traditionally, along with food-requisition detachments, with mobilized members of the CP(b)U and trade unions, the provincial revolutionary tribunals were sent to the counties. Due to the fact that the authorities lost the support of the working class, the task of grain seizure from peasants was entrusted to regular military units, which were also called to «fight against banditry», that is, with the armed resistance of the peasantry. For this purpose, among the soldiers of Red Army, a corresponding political work was carried out. As the result of such a punitive policy of communist authorities, there were numerous victims, some names of which became known thanks to the records of the meeting of the OPEC (Odesa Province Extraordinary Commission) Board and newspaper reports on the decisions of the assizes of the province military tribunal. During January-March 1921, the OPEC Board at its meetings decided to shoot down 60 people, of which 34 people gave their lives for accusing of political banditry, that is, they participated in the armed struggle and in other actions against Soviet, or rather communist authorities. That was the most tragic results of the punitive policy of the authorities. ; У статті розглядаються передумови та наслідки каральної політики комуністичної влади в Одеській губернії на початку 1921р. Причинами такої політики було невиконання плану продрозкладки та загальне невдоволення селян аграрною політикою цієї влади. Значне погіршення продовольчого забезпечення робітничого класу спровокувало поширення у його середовищі антикомуністичних настроїв. З метою подолання продовольчої кризи владою було організовано нову кампанію з вилучення збіжжя у селян. Передбачаючи спротив селянства, владою одночасно було вжито заходи для боротьби з політичним бандитизмом. Наслідком такої каральної політики стали чисельні жертви, частина імен яких стала відомою завдяки протоколам засідання колегії ОГНК.

This Article addresses the protection of the natural environment in a non-international armed conflict (NIAC) by applying international humanitarian law (IHL) and international criminal law (ICL) in a transitional justice tribunal. In December 2016, the Colombian government and the Revolutionary Armed Forces of Colombia–People's Army (FARC-EP) guerrilla group signed an agreement which established the Special Jurisdiction for Peace (JEP), a tribunal designed to investigate, prosecute, and punish those responsible for the most serious crimes committed during the Colombian Armed Conflict. The agreement and the regulations of the JEP establish that this tribunal could directly apply IHL and ICL when examining crimes under investigation. However, case law related to this subject matter is almost nonexistent. Therefore, the JEP should create case law that can be studied and followed by other international and domestic criminal tribunals, while shedding light on the international standard on environmental protection emanating from IHL and ICL.In this Article, we demonstrate how the JEP can effectively use IHL and ICL when prosecuting war crimes which have harmful effects on the environment. For this purpose, Part I presents background on the Colombian Armed Conflict. Part II describes the JEP, the generalities of its legal framework and the specifics of the use of international law by this tribunal. Part III examines relevant domestic and international sources to explain the insufficiency of domestic law and the ability of international law to surpass those limitations. Part IV recalls the sources of ICL and IHL related to the protection of the natural environment in NIACs. Finally, Part V discusses recent JEP decisions related to the protection of the natural environment and some possible conduct to be investigated in the future. We conclude by describing the benefits of the JEP's use of international law.