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Et al., Otabek Narziev,. „The Perspectives of the Establishment of International Financial Centers in Uzbekistan and the Implementation of English Law“. Psychology and Education Journal 58, Nr. 1 (29.01.2021): 113–19. http://dx.doi.org/10.17762/pae.v58i1.749.
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In this article analyzed main notions of international financial center and its brief history, and the views of several scientists from different countries about international financial centers and its types. Moreover, it is also researched the perspectives of the establishment of international financial centers as one type of free economic zones in Uzbekistan. In addition, in this article researched the main features of common law, its implementation as a special legal regime on regulating international financial centers in Uzbekistan. As result of analyzes, it is illustrates legal, financial and other potential of establishment common law based international financial center as a type of free economic zone in Uzbekistan.
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YEUNG, Horace. „ECONOMIC DEVELOPMENT THROUGH TAKING “100 CONCRETE STEPS”: AN OUTSIDER’S ASSESSMENT“. PUBLIC ADMINISTRATION AND CIVIL SERVICE, Nr. 2 (30.06.2022): 150–60. http://dx.doi.org/10.52123/1994-2370-2022-743.
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In this article, the author seeks to examine the economic development in Kazakhstan through the lens of his prior research about the Middle East and East/Southeast Asia. This article has a two-fold objective. Firstly, it will reflect on the wider economic reform plans in the country and considers if those fit into some existing economic theories on growth. Secondly, it will use two specific reforms as put forward by the “100 Concrete Steps” as examples of further reflection, namely establishing the Astana International Financial Center and tackling corruption. In this research, the author will employ mainly a comparative method but also supplemented by other methods such as historical approach, induction reasoning and use of pre-existing empirical evidence. In its comparison, the article will consider the experiences of other financial centers which have transplanted common law such as the Dubai International Financial Center and the lessons of Hong Kong and Singapore in successfully tackling corruption. This article contends that together with other ongoing reforms, the path of Kazakhstan seems to now prompt along the lines of a Western model of growth in which democracy, low corruption and rule of law are the emphasis, but with an understanding that it is not necessarily the only path Kazakhstan can undertake.
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Lappo, I., Ye Biriukov, O. Zhurakhov und Yu Dobryshkin. „MINE ACTION CENTER: MAIN ASPECTS OF ACTIVITY AND DEVELOPMENT PROSPECTS“. Наукові праці Державного науково-дослідного інституту випробувань і сертифікації озброєння та військової техніки 15, Nr. 1 (12.04.2023): 74–80. http://dx.doi.org/10.37701/dndivsovt.15.2023.10.
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Statement of the Problem. Ukraine is one of the ten countries with the most explosive contaminated territory, and this situation tends to worsen due to the scale of military operations and the use of so-called “mine warfare” tactics. Therefore, the сreation of an effective mine action system, taking into account the needs of safe demining of the territory of Ukraine from explosive objects, is a priority task at the national level.
Analysis of recent research and publications. The analysis of professional literature has shown that the issues of creating an effective mine action system, improving the regulatory framework based on international experience, problems and ways to solve humanitarian demining, and the impact of explosive hazards on the environment are in the focus of attention of the scientific community. The issue of development and improvement of the mine action system has become even more urgent and requires further development taking into account the principles of international humanitarian law and measures to minimize the danger caused by explosive hazards.
The purpose of the article is to study the activities and identify promising ways of development of the Center for Mine Action in the conditions of the legal regime of martial law.
In Ukraine there is an effective mine action system with clear subordination to the National Mine Action Agency. In order to implement mine action measures in practice, the Mine Action Center was established, which has an effective mine clearance quality management system, including certification of mine action operators (Certification Agency) and control of demining quality (Inspection Agency).
Within the framework of international cooperation, joint projects are implemented with foreign countries, international organizations and institutions, in which the Mine Action Center is an active participant. A system of training and advanced training of the Mine Action Center’s personnel involved in demining has been implemented.
Promising ways of developing mine action within the competence of the Mine Action Center include the following: expanding the scope of accreditation of the Certification Agency; improvement of normative and legal acts of mine countermeasures (amendments to existing ones and creation of new ones); increasing the effectiveness of mine action tasks by conducting applied and fundamental research within the authority of the scientific research laboratory.
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Batyrbekova, Diana, Symbat Ukin, Anar Mukasheva, Gulnara Khakimova und Guldaray Zhussupova. „The influence of the current law of the Astana International Financial Center on the development of the legal system of Kazakhstan“. Scientific Herald of Uzhhorod University Series Physics 2024, Nr. 55 (19.12.2023): 1324–32. http://dx.doi.org/10.54919/physics/55.2024.132bt4.
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Relevance. The relevance of the problem under study lies in the need to study the legal system of the Republic of Kazakhstan and the functioning Astana International Financial Center (AIFC), the current law of which interacts with the current law of the Republic of Kazakhstan.Purpose. In this regard, the purpose of this article is to explore the interaction between the current law of the Astana International Financial Center and the current law of the Republic of Kazakhstan.Methodology. The method that was used to achieve the goal became systemic, functional, and hermeneutic were used as auxiliary ones.Results. The main results of this study: it was revealed that the current AIFC law and the current law of the Republic of Kazakhstan function as two independent institutions in accordance with the amendments to the Basic Law of Kazakhstan, complementing and mutually enriching each other. It is proved that the norms, principles, and precedents of the Anglo-Saxon legal system have a positive impact on the development of the legislative sphere of Kazakhstan, taking into account the national law of the Republic. An analysis is presented of how decisions and orders made on the territory of the AIFC are limited by acts of the court. The interaction and mutual influence of the current law of the Center with the system of generally binding norms of the Republic of Kazakhstan is substantiated. The theoretical aspects of the concept of the reception of law are disclosed. Also, in the course of the study, two approaches were revealed to the study of the functioning of the current law of the organization declared in the subject of the article, including the Anglo-Saxon legal system, and the system of generally binding norms of the Republic of Kazakhstan.Conclusions. The practical significance of the article lies in proving that the jurisdiction of the above organizations, in the form of court decisions, extends not only to the territory of AIFC, located within the city of Astana � where a special legal regime prevails, but also throughout the territory of the Republic of Kazakhstan.
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Dimoska, Tatjana, und Slavica Dimoska. „SUSTAINABLE DEVELOPMENT AND HUMAN RIGHTS“. Knowledge International Journal 28, Nr. 5 (10.12.2018): 1585–92. http://dx.doi.org/10.35120/kij28051585t.
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Sustainable development is a development that meets the needs of the present without compromising the ability of future generations to meet their own needs.Sustainable development is advanced as the answer of achieving a more equitable balance and synergic relationship between social, environmental and economic needs. It is a holistic approach that considers social, ecological and economic dimensions, recognizing that all must be considered together to find lasting prosperity. According to that, sustainable development law has been described as an intersection between three fields of international law: international environmental law, international economic law and international human rights law. In this paper the relationship between human rights and sustainable development is explored. The notion of social equity is taking into consideration when analyzing the rights – based approach to sustainable development. Social equity refers to a fair and just distribution of economic and environmental costs and benefits, community services like health care and education, the ability to participate in decision-making processes. Applying social equity means paying attention to disadvantaged group in society: women, youth and children, the elderly, indigenous groups and ethnic minorities. In considering the relationship between human rights and sustainable development, the best starting point is the 2030 Agenda for sustainable development. At the center of the Agenda are the sustainable development goals (SDGs), a set of 17 goals and 169 targets across social, economic and environmental areas of sustainable development. The 2030 Agenda for sustainable development is grounded in human rights. The 17 SDGs directly or indirectly reflect human rights standards. When analyzing the human rights anchorage of each sustainable development goal and its corresponding targets, an interrelated web appears: 92% of the 169 SDGs targets are linked to international human rights instruments (such as the International Convention on Civil and Political Rights (ICCPR), the International Convention on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child (CRC), as well as other international and regional instruments and documents relating to human rights). In other words, the 2030 Agenda for sustainable development and human rights are interwoven and inextricably tied together. The respect for and enforcement of human rights is a precondition for sustainable development. That implies that without acknowledging and acting to defend the rights of people, sustainable development is not possible. On the one hand, human rights provide guidance and a legally-binding framework for tackling the multidimensional goals of the 2030 Agenda. On the other hand, the SGDs can serve as a results-oriented roadmap for the realization of human rights.
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PIAO, Xinglyu, und Xinyan YANG. „Improvement path under the dilemma of cultivating foreign-related rule of law talents in local colleges and universities“. Region - Educational Research and Reviews 5, Nr. 5 (27.12.2023): 90. http://dx.doi.org/10.32629/rerr.v5i5.1506.
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The cultivation of foreign-related rule of law talents in the new era has become an important topic in the field of higher education in China, and local universities play an important role in building foreign-related rule of law construction and cultivating foreign-related talents in various regions. Cultivating foreign-related legal talents not only requires an international perspective and understanding of international rules, but also needs to be based on the needs of regional economic development and cultivate foreign-related legal talents that are suitable for local development. In order to achieve this goal, the first step is to consolidate people's spiritual foundations, make accurate academic planning, integrate the law and foreign languages, and connect domestic law and international law. We should also coordinate the theory and practice as the center of the scientific construction of the foreign-related curriculum system and set up a high-quality, highly educated, and capable team of foreign-related faculty, so as to integrate the educational resources and provide a strong guarantee for the cultivation of high-quality foreign-related rule of law personnel.
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Darwazeh, Nadia. „The Jerusalem Arbitration Centre: From Tradition to Innovation“. Journal of International Arbitration 31, Issue 2 (01.04.2014): 121–38. http://dx.doi.org/10.54648/joia2014008.
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The Jerusalem Arbitration Center, backed by the International Chamber of Commerce (ICC) was launched on 18 November 2013 after several years of reflection and hard work.Why was there a need to create this new arbitration center? The total annual volume of trade between Israelis and Palestinians is currently estimated at between USD 4 and 5 billion. However, there is significant potential for more trade in the region. To bolster economic integration, it was essential to create a neutral and efficient forum for dispute resolution. For business people on both sides who worked together on the project, as well as the ICC, the underlying idea for the project is in line with that developed by the French philosopher Montesquieu, namely that the development of trade leads to peace. The cornerstones for the development of the Center are neutrality, efficiency, and modernity. As a result, the JAC has emerged as a unique institution that is classical yet avant-garde.
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Boulos, Sonia. „Prosecuting Russia’s Crime of Aggression: A critical reflection“. Revista de Estudios en Seguridad Internacional 10, Nr. 1 (09.06.2024): 179–94. http://dx.doi.org/10.18847/1.19.11.
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Since the beginning of Russia’s war of aggression against Ukraine, international law has become a center piece in Ukraine’s war efforts. The Hyper response of legal and other international institutions have prompted some to call these developments as the “Ukraine moment”. The term suggests that the legal response to the war represents, potentially, a transformative moment for international law in its pursuit of justice. Focusing on the crime of aggression, the aim of this article is to answer the question whether the international response to the Russian war of aggression against Ukraine symbolizes genuinely a transformative international law moment.
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Locher, Fabien. „Historicizing Elinor Ostrom: Urban Politics, International Development and Expertise in the U.S. Context (1970-1990)“. Theoretical Inquiries in Law 19, Nr. 2 (14.08.2018): 533–58. http://dx.doi.org/10.1515/til-2018-0027.
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Abstract The goal of this article is to write a social and political history of the now preeminent approach to the ‘commons’ institutions, by focusing on Elinor Ostrom’s contributions to its development. My methodology is that of Science and Technology Studies (STS). I focus here on the materiality of E. Ostrom and her team’s research practices (fieldwork, data collecting, indexing and analysis), on their intellectual and institutional strategies, their networking practices, how their research was funded, and their interactions with administrative and academic institutions and actors (USAID, NSF, National Academy of Sciences). I analyze the history of the Workshop in Political Theory and Policy Analysis, the research center that E. Ostrom and her husband Vincent founded and animated for some 40 years at Indiana University, Bloomington. By doing so, I hope to be able to analyze the close ties between the form and content of the Ostromian theories on the commons and the main lines of tension in the U.S. society of the 1970s and 80s that saw their emergence: urban crisis and “neighborhood revolution”, increasing distrust of modernization and centralization ideals, mutations in U.S. development policies and doctrines, rise of neoliberalism.
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Krivokapić, Boris. „Significance of the Peace of Westphalia (1648) for international law“. Revija Kopaonicke skole prirodnog prava 5, Nr. 1 (2023): 47–70. http://dx.doi.org/10.5937/rkspp2301047k.
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The Peace of Westphalia (1648) is often cited as a turning point in the development of international law, with some believing that this law was born there, others claiming that it was then that modern or at least universal law was born, while others, giving the periodization of the development of international law, rely on Westphalian conference as an important event. The author gives a critical review of those views, proving that international law was created parallel to the emergence of the first states, that it was rather developed even before the Peace of Westphalia, that the solutions of that peace were essentially nothing really new, that these solutions were not of importance for countries outside the circle of Western European states, etc. However, he also notes that in the last few years, the essence of what is known as the so-called Westphalian system, and especially the understanding that states are sovereign and therefore equal and that intervention in the affairs of other states is prohibited. The author points out that such attitudes are often a function of the policy of demolishing the existing one and establishing some kind of new, significantly different order, in which the vast majority of states would not be sovereign and in which all power would be concentrated in only one center. He concludes that a sober criticism of the attitude that "everything started" from the Congress of Westphalia seems justified and necessary, but that one should not go to the other extreme, especially not if it is motivated by political reasons.
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Bakker, Christine. „Are Cities Taking Center-Stage? The Emerging Role of Urban Communities as “Normative Global Climate Actors”“. Italian Yearbook of International Law Online 30, Nr. 1 (10.11.2021): 81–106. http://dx.doi.org/10.1163/22116133-03001006.
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Cities around the world are playing an increasingly active role in global climate governance. Considering their share in global emissions on the one hand, and the direct threats they face from climate-related disasters on the other, urban communities are at the forefront of mitigation and adaptation actions. While cities generally implement such actions as part of their State’s international climate commitments, they sometimes go beyond, or even against the nationally adopted policy stance. This article explores the evolving normative role of cities in relation to climate change, considering how they can contribute, both to the development of new rules of international law, and to the implementation of existing norms for climate action at the domestic level. Based on an analysis of current developments and concrete examples, the article reflects on the potentialities and constraints of cities as “normative global climate actors”.
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Dahdal, Andrew, und Francis Botchway. „A Decade of Development: The Civil and Commercial Court of the Qatar Financial Centre“. Arab Law Quarterly 34, Nr. 1 (11.02.2020): 59–73. http://dx.doi.org/10.1163/15730255-12341045.
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Abstract The Qatar International Court is a new breed of judicial tribunal inspired by the English Commercial Court based in London. It provides a dispute resolution forum specifically tailored to civil, commercial and administrative disputes arising within the framework of Qatar Financial Centre. Over the past decade, the Court has grown in prominence both locally and globally. It is one of a number of similar judicial bodies that have recently been established in jurisdictions from Singapore to Kazakhstan. This article examines the experience of the Qatar International Court and is offered as a contribution to the broader literature and comparative research being conducted on the growth of these new international commercial tribunals.
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Baymuratov, Mykhaylo O., und Natalia V. Bocharova. „MODERN FOREIGN CONSTITUTIONALISM: MAX PLANCK INSTITUTE FOR COMPARATIVE PUBLIC LAW AND INTERNATIONAL LAW“. Bulletin of Alfred Nobel University Series "Law" 2, Nr. 5 (14.12.2022): 6–19. http://dx.doi.org/10.32342/2709-6408-2022-2-5-1.
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The European vector of modern Ukrainian politics involves a broad and thorough acquaintance with the latest achievements of European and world legal thought. Domestic jurisprudence, which has been developing for many years in line with the orthodox Marxist methodology, overcomes not only ideological isolation, but also produces a new research culture based on the study and understanding of modern trends in foreign jurisprudence. It is necessary to emphasize that this process is only unfolding and is not always implemented in specific studies, in particular, dissertation studies, where the use of works by foreign authors on the studied issues is often absent, and, therefore, the latest methodological approaches and theoretical and doctrinal developments of the world's leading experts are not taken into account. As before, little information is published in domestic legal periodicals about foreign research centers and schools in various fields of law, activities of foreign legal scholars, academic publishing houses and authoritative periodicals. All this fully applies to our science of constitutional law, which encourages us to more actively cover the study of constitutional law in foreign countries, publishing activity and activities of scientific centers related to the problems of constitutional law. One of the internationally recognized centers of modern constitutional studies is the Max Planck Institute of Comparative Public Law and International Law (Heidelberg, Germany). His research in many respects sets the tone and determines the direction of modern constitutional and legal investigations. The article provides a detailed description of the work of the Institute, which is built on the principles of theoretical and methodological pluralism, individual projects are specifically directed to the use of different methodological approaches. It is noted that the research is conducted in two forms: 1) doctrinal and theoretical analysis - problem-oriented fundamental research that seeks to reveal the structures, development and regularities of constitutional and international law; 2) systematic analysis and comparison of legal norms in order to solve current legal problems or carry out reforms. The relatively low level of abstraction of such studies is explained by the need to provide specific recommendations to officials or practicing lawyers. The institute strives for broad relations with the public. It is noted that the Institute occupies a leading position in world constitutionalism in terms of the volume of research conducted, the wide coverage of topics and the depth of theoretical analysis. His achievements must be taken into account by the domestic science of constitutional law.
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Zasemkova, O. F. „International Arbitration: Towards Sustainable Development and Environmental Protection“. Actual Problems of Russian Law 18, Nr. 10 (14.08.2023): 166–76. http://dx.doi.org/10.17803/1994-1471.2023.155.10.166-176.
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The paper considers the problem of transition to more environmentally friendly arbitration, which involves reducing the carbon footprint left by arbitration proceedings through the adoption of three main measures: 1) the use of renewable energy; 2) reducing or eliminating long-distance travel and air travel for the purposes of arbitration proceedings; 3) reducing waste and eliminating the use of paper documents. An important role in achieving this goal is taken by green protocols containing specific practical measures to ensure sustainability and environmental protection, addressed to certain participants in the arbitration community (arbitrators, law firms, service providers and arbitration centers), as well as initiatives of the arbitration centers themselves. However, given the advisory nature of the green protocols adopted as part of the Campaign for Greener Arbitration, as well as the possibility of derogation from the provisions of the arbitration rules providing for the transition to electronic document flow and online hearings, parties concerned about protecting the environment are recommended to include (or arbitration agreement) special green clauses.
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Yu, Chen, und Jae-Wook Lim. „A Primary Research on Legislation of Leading Maritime City Development of Xiamen“. Korea Association for International Commerce and Information 24, Nr. 2 (30.06.2022): 179–216. http://dx.doi.org/10.15798/kaici.2022.24.2.179.
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Based on the relatively comprehensive evaluation system and definition constructed by Menon Economics and DNV in "The leading maritime cities of the world"[1], the government needs to consider shipping, finance and law, maritime technology, attractiveness&competitiveness when building a global leading maritime city five dimensions. This article will study from a legal point of view, taking Xiamen as a case study.
If Xiamen wants to build a leading maritime city of the world, the legislation of the sea is an area that cannot be ignored. The Xiamen Municipal Government is very concerned about areas that can significantly increase GDP, such as maritime technology and marine industries. While, insufficient attention has been paid to the Legislation of the Sea. Like Shenzhen's political status, Xiamen is a "Special Economic Zone" and "Independent Planning Status". The Xiamen government enjoys legislative powers beyond that of general cities. However, due to the late start of constructing the Maritime legal system in Xiamen, there are many shortcomings: marine lack of collaboration mechanism, lack of soft power of the maritime rule of law, etc. Therefore, the Xiamen Municipal Government should first understand the importance of the legislation of the sea and then make up for the shortcomings as soon as possible. While reasonably learning from advanced international experience such as British law, we should promote the process of China's "Basic Law of the Sea" legislation and promote the progress of Xiamen's legislation of the sea to promote Xiamen's relevant laws such as sea-related dispute settlement. The establishment of service institutions enables Xiamen to actively participate in the governance of the global marine legal system, enhance the public's awareness of marine legal affairs, and cultivate specialized marine legal elites. (Independent Planning Status： Municipalities with Independent Planning Status under the National Social and Economic Development. ) Under the background of Xiamen's concentrated resources to build the world-leading maritime city, this paper analyzes the challenges faced by Xiamen's marine economic development, combined with China's national strategy. It analyzes the current situation of Xiamen from the perspective of law construction. Learn from experience with U.K. marine-related law. The feasibility of legislation in Xiamen is analyzed.
The path of law construction is put forward: ① Constructing the legal system of the maritime rule of law; ② Constructing a settlement center for maritime disputes; ③ Paying attention to the global maritime rule of law governance; ④ Enhancing the soft power of the maritime rule of law.
Legislative suggestions for local governments are put forward: ① Clarify the development orientation of the marine economy; ② Form a planning system and structural layout; ③ Establish an incentive mechanism and supporting measures; ④ Form a financial support service system; ⑤ Formulate safeguard measures for coordinated development; ⑥ Clarify the content of Taiwan cooperation and international development.
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Gu, Bin. „MCDF: A New Beacon of Multilateralism in Development Finance“. Journal of International Economic Law 23, Nr. 3 (08.07.2020): 665–84. http://dx.doi.org/10.1093/jiel/jgaa010.
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ABSTRACT The Multilateral Cooperation Center for Development Finance (MCDF) is an infant but prospectively important initiative in international development finance, initiated by China at the inaugural Belt and Road Forum in 2017, and now endorsed by eight leading international development banks worldwide. The MCDF is expected to work closely with global agendas such as the Belt and Road Initiative (BRI) and the Asian Infrastructure Investment Bank (AIIB), as well as with other peer institutions including the Global Infrastructure Connectivity Alliance (GICA), the Global Infrastructure Hub (GI Hub), and the Global Infrastructure Facility (GIF), in pursuing their shared goals of promoting infrastructure and connectivity investment. This article endeavors to investigate some key institutional matters for the development of the MCDF; they are the structure of its Secretariat, the funding mechanism, and the designated functions. Along the spectrum of hardening soft law, the MCDF is expected to evolve as an independent international body, to be equipped with a charter as its constituent instrument. The prospect of China’s role in the MCDF is predicated upon the understanding of Chinese culture and China’s approach toward global governance, which has been consistently demonstrated during the development of the AIIB and the BRI. China will play a leadership role in the MCDF, while behaving responsibly to other participants, including to borrower countries.
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Wang *, James J., und Brian Slack. „Regional governance of port development in China: a case study of Shanghai International Shipping Center“. Maritime Policy & Management 31, Nr. 4 (Oktober 2004): 357–73. http://dx.doi.org/10.1080/0308883042000304467.
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Hu, Yiyi, Yi He und Yanlin Li. „Urban Spatial Development Based on Multisource Data Analysis: A Case Study of Xianyang City’s Integration into Xi’an International Metropolis“. Sustainability 14, Nr. 7 (30.03.2022): 4090. http://dx.doi.org/10.3390/su14074090.
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The study of urban spatial development focuses on the process of urbanization, which involves the urban economy, population, the scale of urban construction land and the construction land’s structure. All this influences the economic structure, social structure and functional structure of the city. Taking Xianyang City, a core part of Xi’an international metropolis, as an example, this study, based on night light remote sensing data from 1992 to 2013, land use data from 1980 to 2015 (6 periods), AutoNavi Map (AMAP) Points of Interest (POI) data, and the patch-generated land use simulation model (PLUS), simulates the spatial–temporal pattern change characteristics of land use in Xianyang City from 2025 to 2035. The results show that: (1) During 1985–2015, urban land use showed a significant upward trend (p < 0.05); (2) From 1992 to 2013, the change in night light in the Xianyang City Administrative Region showed an upward trend. The gravitational center of Xianyang City’s built-up area moves southeast first and then northeast. After the beginning of 2010, the gravitational center of Xianyang City’s built-up area moved faster; (3) The distribution of different types of urban centers in Xianyang City is basically the same; (4) From 2005 to 2035, the overall land use in Xianyang City showed a trend of “multi polar explosive growth in construction land, slow growth in forest land, and first a decrease then an increase in wetland water body”. The urban spatial structure has changed from a single-center development model to a point–axis development model. The study of urban space development can provide some reference for the layout of urban construction in the future.
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Ku, Charlotte, und Andrew Morriss. „International Financial Centers as a Model: Facilitating Growth and Development by Connecting to International Legal Frameworks“. Law and Development Review 14, Nr. 2 (01.06.2021): 429–64. http://dx.doi.org/10.1515/ldr-2021-0047.
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Abstract International financial centers (IFCs) provide means of strengthening law and regulation not only in the financial sector, but also in global governance more broadly and the contribution their legal regimes make to economic development. By demonstrating how ideas move across jurisdictions and how cross-jurisdictional structures add value, IFCs facilitate transactions in jurisdictions where local legal systems and services are not yet adequately developed or available to support economic activity. They serve as regulatory capacity builders, building networks of professionals, regulators, and judges contribute to ongoing innovation and capacity building. Their success at building legal regimes that add value and which are available to new classes of individuals and firms around the world makes them a model for using the legal system to foster economic development.
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Doxey, Gary, Brett Gilbert Scharffs, Elizabeth Clark und David Moore. „Amicus Curiae por the International Center for Law and Religion Studies at Brigham Young University (USA)“. Revista Latinoamericana de Derecho y Religión 1, NE (2022): 1–41. http://dx.doi.org/10.7764/rldr.ne01.004.
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El presente escrito es presentado por el International Center for Law and Religion Studies (“ICLRS”), un instituto académico dentro de la Facultad de Derecho de Brigham Young University en los Estados Unidos. ICLRS escribe para aportar sus consideraciones y valoraciones técnicas sobre las importantes y entrelazadas preguntas que este caso presenta con respecto a los derechos de igualdad y libertad religiosa a fin de que éstas sean consideradas como útiles para el desarrollo de la jurisprudencia en esta materia. 2. ICLRS es un líder global en el estudio académico del derecho internacional y comparado concerniente a la religión, la libertad de religión o de creencia y los demás derechos que atañen a estos temas. ICLRS colabora con distinguidas instituciones académicas, gobiernos y la sociedad civil a través del mundo para organizar congresos, talleres y seminarios que cuentan con expositores destacados internacionales. Desde el año 2000 ICLRS ha realizado casi 900 eventos de este tipo en más de 50 países con el objetivo de fomentar entendimiento entre personas d1e distintas opiniones, difundir conocimiento técnico y fortalecer la pericia local en la materia. Frecuentemente, ICLRS presenta comentarios técnicos sobre proyectos de ley que afectan a la religión, hasta la fecha en más de 50 países. Genera libros y artículos continuamente sobre derecho y religión, a menudo en colaboración con expertos en el extranjero. 3. Por estas consideraciones y de conformidad con el artículo 44 del reglamento de El presente escrito es presentado por el International Center for Law and Religion esta Honorable Corte , ICLRS tiene el interés legítimo de pronunciarse ante la Honorable Corte Interamericana de Derechos Humanos a través del presente amicus curiae. 4. Por otro lado, ICLRS no tiene ningún conflicto de intereses respecto de las partes y no recibirá ningún beneficio económico ni por elaborar este escrito ni como resultado del eventual fallo en el caso.
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Salygin, V. I. „The School of Energy Policy and Diplomacy of MGIMO“. MGIMO Review of International Relations, Nr. 4(43) (28.08.2015): 9–17. http://dx.doi.org/10.24833/2071-8160-2015-4-43-9-17.
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Nowadays when aspects of global energy security advanced to the forefront and Russia is going to reinforce its leading role in the world energy community, International institute of energy policy and diplomacy (MIEP) organized for the first time in Russia the training of world class experts in the field of energy diplomacy and geopolitics, economics, law, management and public relations, all focused on international energy cooperation. Such energy professionals are extremely sought after by public authorities and international institutions as well as by major international energy companies. MIEP MGIMO is the only study center in Russia and in the whole worlds which is successfully training specialists armed with fundamental academic knowledge and detailed studying of global processes in the sphere of energy diplomacy and geopolitics, international energy cooperation. Alumni of MIEP are outstanding high-caliber professionals who can fluently speak several foreign languages. This day MIEP is a large study, methodic and scientific center ensuring high-quality professional and fundamental training based on the best practices of Russian education as well as on the practices of worldleading universities and business schools.This year International institute of energy policy and diplomacy celebrates its 15th anniversary. This article describes history, evolution of MIEP; unique specific departments and international institutions created in cooperation with prestige European universities; reveals specific features of training of specialists. Soon MIEP plans to accomplish a lot of research and development projects assisted by the best academic staff in close cooperation with international organizations, administrations of the largest petroleum producing regions, top oil and gas corporations-strategic partners (Rosneft, Transneft, Rosseti, Gazprombank), top universities and scientific centers all over the world.
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Klenova, Milena A., Kseniya A. Yakovleva und Alina K. Lyubakova. „Results of the scientific dialogue: Problems of psychological services development and functioning in the system of professional education“. Izvestiya of Saratov University. Educational Acmeology. Developmental Psychology 11, Nr. 3 (22.09.2022): 283–87. http://dx.doi.org/10.18500/2304-9790-2022-11-3-283-287.
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The article presents the results of the interregional round table with international participants “Problems of Psychological Services Development and Functioning in the System of Professional Education”. The round table was organized by Saratov State Law Academy, the Center of Psychological Support of Saratov State Law Academy, on the one hand, and the Institute of Youth, the Institute of Psychoanalysis and the Philosophy Department of the State Academic University for the Humanities, on the other hand. The paper shows the results of the round table meeting and master classes. It indicates the problems of the psychological services formation and their functioning in the system of professional education. Moreover, the article presents the urgent tasks of psychological services in the system of professional education. The results of the round table are summarized.
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Jin, Hai, und Orestis Schinas. „Ownership of Assets in Chinese Shipping Funds“. International Journal of Financial Studies 7, Nr. 4 (22.11.2019): 69. http://dx.doi.org/10.3390/ijfs7040069.
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As the importance of Chinese financial schemes in maritime business increases, and many issues on the ownership of the assets under the current Law remain obscured for international investors, this work argues that a streamlining to international practice is required; therefore, the ownership of the trust property under the shipping fund in China should be transferred to the trustee from the client. The trustee shall possess, employ, benefit, and dispose the trust property in his/her own name, which links up with China’s current property legislation, ship registration, and ship arrest regulations. The trust property under the shipping fund in China is independent of the fixed property or other management property of the trustee, the beneficiary, and the custodian. This gives full play to functional advantages of the trust system of the shipping fund, contributes to the expansion of financing channels in the shipping industry in China, guarantees the specialization and flexibility of shipping investment activities and the diversity of the investment subject, promotes development of China’s policies about the shipping industry and financial innovation, and boosts the realization of “The Strategy of National Revitalization Based on Marine Industry Development” and “The Belt and Road Initiatives” and construction of Shanghai International Shipping Center and International Finance Center.
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Lovász, Dávid. „Egyetemi folyóirat-szerkesztőségek a nemzetközi láthatóság növelésének útján (Egy kerekasztal-beszélgetés tanulságai)“. Modern Geográfia 18, Nr. 1 (28.02.2022): 97–108. http://dx.doi.org/10.15170/mg.2023.18.01.06.
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The University of Pécs Library and Knowledge Center organized a conference for November 23rd, 2022. The purpose of the symposium was to introduce the new trends of Open Access scientific publishing and good Hungarian and international practices, as well as to present the opportunities aimed at efficiently supporting the publishing activity and measured academic accomplishments of university teachers and researchers. One of the professional blocks of the event was about the development possibilities of editorial offices and the international visibility of scientific output in the form of a round table discussion. At this discussion, the editors-in-chief and editors of altogether four journals from four university faculties (Hungarian Journal of African Studies, Public Administration and Infocommunications Law PhD Studies, Modern Geográfia, Tourism and Rural Development Studies) discussed possible development opportunities.
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Kirsch, Philippe, und John T. Holmes. „The Rome Conference on an International Criminal Court: The Negotiating Process“. American Journal of International Law 93, Nr. 1 (Januar 1999): 2–12. http://dx.doi.org/10.2307/2997952.
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The object of this paper is to describe the negotiating process during the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court. It is told from the perspective of those that were ex officio at the center of negotiations, as members of the Bureau of the Committee of the Whole (CW).1 It describes the main issues under consideration at the conference and the evolution of the negotiations, including an inside view of the development of the final package containing the principal elements of the statute of the court.
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Tadesse, Wuletaw, Zewdie Bishaw und Solomon Assefa. „Wheat production and breeding in Sub-Saharan Africa“. International Journal of Climate Change Strategies and Management 11, Nr. 5 (18.11.2019): 696–715. http://dx.doi.org/10.1108/ijccsm-02-2018-0015.
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Purpose This paper aims to review the current status of wheat production, farming systems, production constraints and wheat demand-supply chain analysis; the role of international and national breeding programs and their approaches in wheat genetic improvement including targeting mega environments, shuttle breeding, doubled haploids, marker-assisted selection and key location phenotyping; and future prospects and opportunities of wheat production in Sub Saharan Africa (SSA). Design/methodology/approach Relevant literature works have been used and cited accordingly. Findings Though traditionally wheat was not the leading staple crop in SSA, it is becoming an important food crop because of rapid population growth associated with increased urbanization and change in food preference for easy and fast food such as bread, biscuits, pasta, noodles and porridge. In 2013, total wheat consumption in SSA reached 25 million tons with import accounting for 17.5 million tons at a price of USD6 billion, while during the same period the region produces only 7.3 million tons on a total area of 2.9 million hectares. The low productivity (2t/ha) in the region is principally because of abiotic (drought and heat) and biotic (yellow rust, stem rust, septoria and fusarium) stresses which are increasing in intensity and frequency associated with climate change. Furthermore, increased cost of production, growing populations, increased rural-urban migration, low public and private investments, weak extension systems and policies, and low adoption rates of new technologies remain to be major challenges for wheat production in SSA. Wheat breeding in SSA is dominantly carried out by National Agricultural Research Systems, in partnership with the international research centers [International center for improvement of maize and wheat (CIMMYT) and International center for agricultural research in the dry areas (ICARDA)], to develop high yielding and widely adapted wheat genotypes with increased water-use efficiency, heat tolerance and resistance to major diseases and pests. Most of the cultivars grown in SSA are originated from the international research centers, CIMMYT and ICARDA. Practical implications This paper will help to promote available wheat technologies in SSA by creating awareness to wheat scientists, extension agents and policymakers. Originality/value This manuscript is an original review paper which has not been published in this form elsewhere.
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Younas, Ammar, und Turdialiev Mukhammad Ali Polatjon Ogli. „Special Features Of International Financial Centres And Its Establishment In Uzbekistan“. American Journal of Political Science Law and Criminology 03, Nr. 08 (25.08.2021): 17–21. http://dx.doi.org/10.37547/tajpslc/volume03issue08-04.
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The most important tasks in the field of economic development are attracting foreign investments into the economy of our country, creating favourable conditions for them, providing legal protection and further improving the investment climate. The article analyzes the basic concepts of the international financial centre and its brief history, the views of several scholars from different countries on international financial centres and their types. Prospects for the establishment of international financial centres in Uzbekistan were also studied. This was demonstrated as a result of the analysis of the legal, financial and other possibilities of establishing an international financial centre based on common law in Uzbekistan.
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Zhao, Zhuoran. „A Study on the Financial Status of Hong Kong in a Complex Social Context“. Journal of Economics, Finance and Accounting Studies 4, Nr. 3 (06.09.2022): 64–69. http://dx.doi.org/10.32996/jefas.2022.4.3.7.
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In the 25 years since Hong Kong’s return to Chinese sovereignty, the mainland’s economy has risen rapidly, and Hong Kong, China, is no longer a standout. Nonetheless, the Anti-Extradition Law Amendment Bill Movement in 2019 and the COVID pandemic have forced Hong Kong’s economy to experience a severe recession, particularly as the continued development of the COVID triggered a global financial crisis and a contraction of the national economy. Hong Kong will experience a more severe macroeconomic recession than the 2009 global financial crisis, with the unemployment rate expected to rise to 5.5% or even higher. Consequently, all sectors of society have voiced concerns about Hong Kong’s “uselessness” and “marginalization,” casting doubt on the city’s role as a global financial center. With its unique advantages, Hong Kong’s financial industry has basically completed its repositioning in today’s complex social background and seized the opportunities that can promote its own development in a timely manner so that the functions of an international financial center can continue to be played, and the international financial status is safe and stable.
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Sun, Zhen. „Experts Meetings on Biodiversity beyond National Jurisdiction“. Asia-Pacific Journal of Ocean Law and Policy 4, Nr. 2 (11.12.2019): 300–313. http://dx.doi.org/10.1163/24519391-00402016.
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This article summarizes and discusses the main issues addressed at two events hosted at the World Maritime University–Sasakawa Global Ocean Institute in Malmö, Sweden in the first half of 2019. The first event was the International Workshop on bbnj: Toward Development of a Balanced, Effective and Universal International Agreement on 7 February, co-sponsored by the Ministry of Foreign Affairs Japan, and the second event was the 43rd colp Annual Conference on Biodiversity Beyond National Jurisdiction: Intractable Challenges & Potential Solutions co-hosted with the Center for Oceans Law and Policy (colp), University of Virginia School of Law and The Nippon Foundation. The two events covered topics including marine genetic resources – access and benefit sharing, area-based management tools including marine protected areas, environmental impact assessments, capacity building and transfer of technology, cross-cutting issues, and Arctic concerns.
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DRAGOMIR, Andreea, und Ioana FLORESCU. „Romania’s Implementation of International and European Cyber Law to Strengthen National Cybersecurity“. International Journal of Information Security and Cybercrime 11, Nr. 2 (29.12.2022): 19–28. http://dx.doi.org/10.19107/ijisc.2022.02.01.
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Since the establishment of the Council of Europe Convention on Cybercrime in 2001, Romania has been at the forefront of ratifying and implementing the provisions and various directives and cooperating with international partners. In 2021, Romania became the headquarters of the European Center of Industrial, Technological and Research Competence (ECCC) in the field of cybersecurity. Its mission is securing digital infrastructures, conducting research in the field of cybersecurity and making technological developments. Because Romania is such an influential leader in European cybercrime, the purpose of this investigation report is to explore the level of implementation of international law into Romanian law, as well as to discover possible shortcomings. The report will specifically explore the implementation of the Convention on Cybercrime and related European directives into the national framework.
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Dosch, Jörn, und Jatswan S. Sidhu. „Negara Brunei Darussalam in 2018“. Asian Survey 59, Nr. 1 (Januar 2019): 204–8. http://dx.doi.org/10.1525/as.2019.59.1.204.
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After four years of economic gloom, the Bruneian economy began showing signs of recovery, mainly thanks to improved global oil prices and the fruits of government policies introduced three years ago. In the meantime, the sultan’s seriousness in combating corruption has taken center stage, with young new faces introduced in the recent cabinet reshuffle. Implementation of sharia law remains slow. On the international front, Brunei appears to be moving closer to China, which is emerging as the country’s largest foreign investor.
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Kravchuk, M. Yu. „NATIONAL NORMATIVE-LEGAL ACTIONS OF ANTI-BIOTERRORISM UNDER THE PRIZE OF INTERACTION WITH INTERNATIONAL LAW PROVISIONS“. Actual problems of native jurisprudence, Nr. 4 (30.08.2019): 163–65. http://dx.doi.org/10.15421/391935.
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The article analyzes the international legal acts on issues of counteraction to bioterrorism. It has been established that Ukraine is implementing effective cooperation on issues of mutual interest with bioterrorism both at the universal and regional levels (with NATO, CIS, EU), as well as at the bilateral level. The role of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxic Weapons and on their Destruction (CBTZ), Ukraine as a full member is determined. To strengthen the provisions of the Convention at the national level, a number of laws and regulations have been adopted, the purpose of which is to exclude the possibility of conducting activities in violation of the requirements of the OSCE. In general, the legal basis for combating bioterrorism is the Law of Ukraine dated March 20, 2003 “On the Fight against Terrorism”; the basis of the national system of “export control” are the laws of Ukraine “On Foreign Economic Activity” of 17.05.1991, “On State Control over International Transfers of Military and Dual-Use Goods” of 20.02.2003, the KPiminal Code of Ukraine of 05.04.2001, in the articles of which (art .439, art. 440) provides for liability for activities contrary to the Constitution. Information is given about activities of medical, scientific, specialized and production institutions in Ukraine that have micro-organisms banks or work with products of their vital activities, and are included in the scope of the CBT. Also in Ukraine, the inter-governmental intergovernmental organization Ukrainian Science and Technology Center was established in Ukraine. The emphasis is on Ukraine’s accession to the Global Health Security Agenda, the global initiative of the Centers for Disease Control (USA), which began in February 2014, to build a safe world protected from the dangers of infectious diseases. Appropriate conclusions were drawn about the priority task of Ukraine in developing a legislative position on the development of a package of legal acts in the field of combating bioterrorism, adopting recommendations for the implementation of the provisions of the Convention (CBTZ) and implementing other, no less important, strategic plans
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Maslov, Alexey V. „Development of New Payment Systems in Russia Similar to a CLS Analogue“. Financial Journal 13, Nr. 3 (Juni 2021): 27–37. http://dx.doi.org/10.31107/2075-1990-2021-3-27-37.
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This paper examines the need to create new infrastructural payment and financial institutions in Russia to ensure greater independence of the Russian financial market from any external factors as well as the efficiency of the market for ruble conversion transactions and cross-border payments. The issue of creating an analogue of Continuous Linked Settlement (CLS) in Moscow on the basis of the Interstate Bank, or establishing a new payment system, is highly relevant. Almost seven years ago, on September 22, 2014, the CLS international payment system postponed the inclusion of the Russian ruble in its list of currencies, scheduled for November of that year. The prospect of such inclusion in the coming years remains very weak. In March 2014, VISA and MasterCard payment systems stopped servicing cards of several Russian Banks in retail outlets and ATMs. Amendments to the Federal Law “On the National Payment System” were prepared and promptly adopted in order to provide infrastructure and information support for the processes of making money transfers within Russia. On July 23, 2014, the National Payment Cards System was launched, which was tasked with creating an operational and clearing center for processing domestic transactions with cards of the international payment systems and promoting the national payment card. This experience should be used to create new payment systems in order to secure the efficiency of cross-border payments and currency conversion operations. This step will extend the sphere of ruble convertibility, ensure an increase in the status of the ruble and its importance in international trade, and bring Russia closer to practical steps to create a regional international financial center. To expand settlements in rubles on the part of non-residents, it is necessary to strive to perform trade and financial transactions in rubles and keep ruble savings, which is impossible without a market for ruble conversion transactions. The author examines the prospects for creating a new payment system, in particular with participation of the CIS and BRICS countries.
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Ritonga, Melisa Surya Ningsih, Tri Mardalena und Arief Rachman. „STRATEGI PENGAWASAN KANTOR IMIGRASI KELAS II TPI TANJUNG BALAI KARIMUN TERHADAP KEDATANGAN DAN KEBERANGKATAN WARGA NEGARA ASING DI PELABUHAN INTERNASIONAL TANJUNG BALAI KARIMUN“. Jemasi: Jurnal Ekonomi Manajemen dan Akuntansi 17, Nr. 1 (08.06.2021): 39–48. http://dx.doi.org/10.35449/jemasi.v17i1.194.
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This research begins with an increase in foreign traffic, including in Indonesia, so that it gives a positive impact on the development of the territory of Indonesia. In addition, the entry and exit of foreign citizens also have an adverse impact on national security and defense. Seeing the large number of Foreign Citizens entering and exiting through the immigration center (TPI) of Tanjung Balai Karimun international port, it is necessary to monitor the traffic of the Foreign Citizens. This research intend to know any supervision strategy and how the implementation of supervision strategy that did by class II imigration office TPI tanjung balai karimun against the arrival and Foreign's departure in tanjung balai karimun international port . This research was implemented at the Tanjung Balai Karimun International Immigration Center. This research is descriptive by the qualitative approach. Research data is collected through the observation, the interview , and the documentation. After that the data will be analyzed using inductive analysis and tested its validity using the triangulation. According to the data analysis that have done by the supervision strategy and carried out by immigration officers at the Tanjung Balai International Immigration Center (TPI), Tanjung Balai Karimun, was doing the careful inspection and tightening the supervision by the operational standard and the legislation. This case shows supervision that did by the immigration officer is corresponding to the operational standard and the applicable law.
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Lynwood, Wendy. „Legal Education in Albania Programme (LEAP)“. Legal Information Management 3, Nr. 3-4 (2003): 204. http://dx.doi.org/10.1017/s1472669600002176.
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The programme is a twinning arrangement between the University of Tirana Faculty of Law and a Middlesex University Consortium, consisting of the Institute of Social and Health Research, Middlesex University, the Institute of Advanced Legal Studies, the London Metropolitan University Department of Law, Governance and International Relations, the European Public Law Center, Education for Change Ltd and Cavendish Publishing, and has three main aims:• to help train and thus produce better qualified staff• to improve the institutional management of the Law Faculty• to prepare teaching, learning and research material that meets the needs of students entering the legal profession.Within the main programme there is a library strand. This aims to develop the range of services provided by the faculty law library in order to support academics and students to the highest possible level given available resources. It was to help facilitate this development that the visit to Hendon took place.
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Gehring, Markus, und Marios Tokas. „Synergies and Approaches to Climate Change in International Investment Agreements“. Journal of World Investment & Trade 23, Nr. 5-6 (16.12.2022): 778–812. http://dx.doi.org/10.1163/22119000-12340270.
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Abstract International investment agreements have always been in the center of critique with regards to the incompatibility of international economic law with climate change policies. The overly simplistic bilateral investment treaties have been gradually being replaced by more textually complex agreements that include specific provisions or chapters on sustainable development and climate change. The European Union has been very active in this process. The present article seeks to provide an overview of the recent treaty practice of the European Union and its present negotiations of future treaties. There it will examine particular approaches in treaty-making practice, i.e. investment protection as enshrined in the fair and equitable treatment standard, and investment liberalization as provided, among others, by the recent EU–UK Trade and Cooperation Agreement. Lastly, it examines how investment liberalization and regulation approaches to investment agreements synergize with climate change policies.
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Clark, Brigitte, und Willene Holness. „Notes: State liability in respect of a child negligently injured at an early childhood development centre: A critical assessment of BE obo JE v MEC for Social Development, Western Cape“. South African Law Journal 139, Nr. 3 (2022): 491–510. http://dx.doi.org/10.47348/salj/v139/i3a1.
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This case note compares the judgments of the Western Cape High Court, the Supreme Court of Appeal and the Constitutional Court in BE on behalf of JE v MEC for Social Development, Western Cape. It suggests that the conclusion reached by the Western Cape High Court was not only the better decision in terms of a just outcome, but also the right decision when weighing the facts against the applicable statutory framework and case law, including the relevant international law. Furthermore, the case note submits that the approaches of the two higher courts to the wrong fulness inquiry were not in line with a children’s-rights approach and did not consider the state’s duty under international law to protect children’s rights, including the child’s right to play in a safe environment and to education, inclusive of the period from early childhood to birth.
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Taheri, Shila. „Nanotechnology Development and Transference in the International Trade Law and the Intellectual Property Rights“. Journal of Politics and Law 10, Nr. 1 (29.12.2016): 155. http://dx.doi.org/10.5539/jpl.v10n1p155.
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The preset essay analyzes the nanotechnology development and transference in the international trade law and the intellectual property rights by implementing descriptive analytic method. The research findings show that determining the role and position and the function of intellectual property systems within the modern nanotechnology intellectual property at the international scenery and analyzing the plans and codifying policies and special protective programs in terms of development and enhancement of intellectual property in this technology and comprehensive approaches in support of the international intellectual property and change and correction of the organizational offices of nano patents registration is a critical issue. Codifying coordinated regulations for University research centers to ensure the unity of the researchers, lack of definite and fixed output for commercializing, study of the increasing mass of the number of registered patents, rise of the complexity of the patents (interdisciplinary patents) that lead to the limitations for the innovators in obtaining intellectual property rights, lack of the cooperation of the developing countries because of the obstacles of registering patents and being bereft of the benefits of nano because of the high expenses of registering the patents and the administration guarantee of the international documents are among the legal challenges of the intellectual property in nanotechnology.
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Mazzeschi, Riccardo Pisillo. „ACCESS TO JUSTICE IN CONSTITUTIONAL AND INTERNATIONAL LAW: THE RECENT JUDGMENT OF THE ITALIAN CONSTITUTIONAL COURT“. Italian Yearbook of International Law Online 24, Nr. 1 (22.10.2015): 7–23. http://dx.doi.org/10.1163/22116133-90000070a.
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In its judgment No. 238/2014 the Italian Constitutional Court, whilst appearing to show respect for the ICJ’s 2012 judgment in Jurisdictional Immunities of the State, makes notable criticisms of that judgment and insists on its own role in the progressive development of international law in the field of State immunity. In particular, the main legal argument of the Constitutional Court, based on the fundamental and inviolable character of the right of access to justice in constitutional law, can also be used, although modified to some extent, in international law. The Court’s argument can also resolve the possible conflict between the international norm of State immunity, on the one hand, and the international norms on fundamental human rights and access to justice, on the other. The present contribution seeks to demonstrate that: (a) the right of access to justice and the connected right to reparation for violations of fundamental human rights are established by two customary international norms; (b) there is a potential conflict between these norms and the norm of State immunity; (c) this conflict becomes real and concrete when the limits on access to justice and reparation laid down by immunity are unjustified in accordance with the rule of “equivalent protection”; and (d) the solution to that conflict derives from the normative superiority of the customary norms on access to justice and reparation (being peremptory in nature when functionally linked to the violation of fundamental human rights) over the norm of State immunity. The judgment of the Constitutional Court, utilizing legal reasoning that can also translate to the level of international law, demonstrates that osmosis may occur between the arguments used in constitutional and international law, and that today there is growing interaction between the domestic and international legal orders and their common values. The law of human rights, placed at the very center of the Constitutional Court’s judgment, is the field in which this community of values emerges most clearly.
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Didikin, Anton B. „Islamic Law in the jurisdiction of International Financial Centers: comparative legal analysis“. Russian Journal of Legal Studies (Moscow) 7, Nr. 1 (07.08.2020): 78–85. http://dx.doi.org/10.17816/rjls33910.
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The article analyzes the modern mechanisms and ways of adapting the Islamic law principles and norms to the regulation of financial relations. Taking into account the significance of fiqh as a legal doctrine that interprets religious prescriptions for law enforcement, the key features of the Islamic law institutions in the context of the Islamic economy model development are identified. The object of the comparative legal analysis in the article is the jurisdiction of international financial centers as territories with a special legal regime for conducting business. Its legal status is fixed in special legal acts, thus contributing to the formation of flexible instruments of legal regulation in view of the correlation with the norms of the national legal order. International financial centers are presented as an example of the formation of global legal institutions in Western countries as well as those in Southeast Asia and the Middle East. The author argues that Islamic financeas a way of adapting Islamic law principles to the regulation of business activitiesis a mandatory element of a legal environment for international financial centers.
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Kulbashna, Ya A., und I. L. Skrypnyk. „Professional training and continuing professional development of masters in dentistry under the extreme conditions of COVID-19 and martial law in Ukraine“. Oral and General Health 4, Nr. 2 (22.09.2023): 34–40. http://dx.doi.org/10.22141/ogh.4.2.2023.161.
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The III Scientific and practical conference with international participation “Professional training of dentistry specialists in the extreme conditions of modernity”, which was held on April 26–27, 2023 at the Dental Medical Center of the Bogomolets National Medical University, was devoted to the issues of continuous dental education in Ukraine in the conditions of war. The conference was organized by the Ukrainian Association of Dental Education (UADE), where the chairman of the organizing committee was the president of the UADE, professor Yaroslava Kulbashna and the deputy chairman — vice president of the UADE, associate professor Iryna Skrypnyk. It was very pleasant to feel the support of the rectorate of the Bogomolets National Medical University — its rector Yuriy Kuchin, vice rectors, professors Oleksandr Naumenko, Rimma Skrypnyk and Oleksandr Kanyura, president of the NGO «Ukrainian Dental Association», professor Iryna Mazur, director of the Institute of Postgraduate Education, professor Tatiana Vezhnovets, members of the UADE and the student council of the dental faculty. The representative level of the guests and participants of the event showed that despite the war in our country, the topic of continuing education of future dentists, interns and doctors is in the focus of attention of government officials in the field of education and medicine, teachers, students, postgraduate students of higher medical and postgraduate education institutions. In particular, the event was attended by First Deputy Minister of Health of Ukraine, professor Serhiy Dubrov, People’s Deputy of Ukraine Inna Sovsun, director of the Department of the Ukrainian State Center for International Education of the Ministry of Education and Science of Ukraine, candidate of historical sciences Olena Shapovalova.
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Clarke, Ben. „Contemporary Research on Proportionality in Armed Conflicts: A Select Review“. Journal of International Humanitarian Legal Studies 3, Nr. 2 (2012): 391–414. http://dx.doi.org/10.1163/18781527-00302002.
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In an attempt to impose limits on the level of acceptable incidental civilian suffering during armed conflict, international humanitarian law (IHL) articulates a proportionality formula as the test to determine whether or not an attack is lawful. Efforts to comply with that formula during the conduct of hostilities can involve a host of legal and operational challenges. These challenges have inspired a growing body of doctrinal and empirical research. A recent international conference in Jerusalem, co-sponsored by the Delegation of the International Committee of the Red Cross in Israel and the Occupied Territories and the Minerva Center for Human Rights at the Hebrew University of Jerusalem, brought together human rights lawyers, military experts and scholars from a variety of disciplines to assess recent developments relating to the proportionality principle in international humanitarian law. This report examines ten conference presentations which offer important insights into: the nature, scope of application and operational requirements of the proportionality principle under IHL; the modalities of investigation and review of proportionality decisions; and the challenges involved in proportionality decision-making.
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Mamlyuk, Boris N. „The Ukraine Crisis, Cold War II, and International Law“. German Law Journal 16, Nr. 3 (Juli 2015): 479–522. http://dx.doi.org/10.1017/s2071832200020952.
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The Ukraine crisis has, yet again, called into question the coherence and stability of international law both as a language for mediating particular types of international disputes—such as conflicts between the so-called Great Powers— and as a set of institutions capable of serving asforafor the resolution of these disputes. Given the scale and intensity of the ongoing war in Ukraine and the magnitude of its regional and global repercussions, a number of policymakers and historians have already made compelling arguments for why the conflict may be the most significant threat to global order since the end of the Cold War—perhaps even since the Cuban Missile Crisis. While policymakers in the U.S. and Russia have cautioned against drawing Cold War parallels, numerous analysts in both countries have proclaimed the start of a new Cold War in light of the rapid deterioration in relations between Moscow and Washington. Beyond bilateral U.S.–Russia relations, and in the words of Dmitri Trenin, director of the Carnegie Moscow Center, Cold War Two (hereinafter “CWII”) has “effectively put an end to the interregnum of [post-Cold War] partnership and cooperation betweenthe Westand Russia.” While sharing the view that a new Cold War has erupted, this article suggest that its causes are far deeper and its likely battlegrounds are far wider than mere antagonism between the United States and Russia over the fate of Ukraine, To the extent that CWII has begun, it may mark a return to interbloc rivalry, East versus West, or even Great Game geopolitics. To complement these frames, the present conflict may also be understood by viewing it through the prism of political economy, particularly the study of “new-statism,” or the new developmental state within the broader context of the development of global capitalism. Thinking of CWII this way allows one to ask whether CWII is actually a war between Western liberal capitalism and various systems of state capitalism, of which Russia's is but one. To be even more precise, one can also ask whether the conflict is better thought of as a contest between different state capitalisms for control over key trade or transit routes, production locales, and markets. Tribes, states, and empires have always waged mortal combat over these material matters. CWII—whether it has started or soon will—will likely rest on similar considerations. And yet, despite the seriousness of the threat, there has been remarkably little academic discussion, and much less public debate, regarding the configuration of global power flows that has contributed to this crisis or the role, and limitations of law in structuring our political imaginations in response to these challenges. This Article is an attempt to call attention to several serious aspects of the Ukraine crisis which have hitherto been underanalyzed, namely the role of information warfare in exacerbating its magnitude.
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Khashchina, Ellina E. „The importance of legal positions of international and domestic judicial authorities for preventing secession: theoretical historical aspect“. Current Issues of the State and Law, Nr. 19 (2021): 438–53. http://dx.doi.org/10.20310/2587-9340-2021-5-19-438-453.
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The legal regulation of secession – the unilateral withdrawal of a part of territory from the parent state, is carried out at the junction of two branches of law – international and constitutional. Due to the absence in most of written constitutions of norms directly related to secession, and the laconic nature of relevant principles of international law, allowing for the possibility of ambiguous interpretation, decisions of international and domestic judicial authorities on the admissibility of secession play a special role in the legal mechanisms for its prevention, which determines the relevance of the chosen themes. Based on the analysis of the Advisory Opinion of the International Court of Justice of the United Nations of July 22, 2010 “On compliance with international law of the unilateral declaration of independence of Kosovo”, we formulate a conclusion about the absence of uniform international legal criteria to determine the admissibility of secession. In our opinion, the Inter-national Court of Justice has not resolved the legal issue underlying the pro-tracted political conflict, has not created a new norm of customary interna-tional law, but has not provided the supporters of the unilateral declaration of independence with the necessary and sufficient arguments for the legal justification of their position. This allows us to speak about the importance of this decision in the international legal mechanisms for the prevention of secession, which, however, are at the stage of formation. Their development should take place synchronously with the constitutional and legal intrastate mechanisms, which in modern conditions should be aimed at finding a bal-ance between the interests of the center and regional communities, establish-ing a dialogue with supporters of independence and protecting the national and cultural identity of population.
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Alghanim, Bashayer. „The Role of Party Autonomy in Choosing Procedural Law in Arbitration: the rules of the WIPO Arbitration and Mediation Centre“. International Review of Law 9, Nr. 1 (01.12.2020): 207–31. http://dx.doi.org/10.29117/irl.2020.0096.
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While the role of parties’ autonomy is of minimal importance when discussing procedures in cases including foreign element presented before the courts, it plays an important role in the choice of applicable law in arbitration procedures. The reason for this is that an arbitrator is not subject to law of jurisdiction, in the same way as a national judge. In response to the development of protection of intellectual property, the World Intellectual Property Organization “WIPO” organization has established an arbitration and Mediation centre, described as the first institutional international center specialized in settling intellectual property disputes, and has given the parties freedom to choose the law applicable to procedure. The study concludes that it is essential to introduce amendments to the WIPO arbitration rules to guarantee legal clarity and prevent confusion, such as imposing characterization to the law of the selected seat of arbitration, the need for explicit choice on the law governing the arbitration procedures, and clarification about what is meant by the law of the seat of arbitration in the absence of choice.
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Marushchak, Anatoly. „International-Legal Approaches and National-Legal Regulation of Counteraction to Misinformation“. Information Security of the Person, Society and State, Nr. 31-33 (20.12.2021): 64–71. http://dx.doi.org/10.51369/2707-7276-2021-(1-3)-7.
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The article analyzes some aspects pertaining to the issues of counteraction to misinformation. The subject of the study encompasses the relations arising in the field of international-legal and national-legal regulation of this activity. In March 2021, the Center for Counteracting Disinformation was established in Ukraine. Its development under the influence of threats to the state’s information security requires a detailed analysis of theoretical and legal foundations of countering disinformation, taking into account the fundamental principles of freedom of thought and speech. The aim of the article is to reveal international legal approaches and national legal regulation of countering disinformation. Theoretical methods of analysis, synthesis and comparison were used in the process of research. In particular, the work provided an analysis of international law, as well as the European Union initiatives aimed at combating misinformation. The comparative-legal method was used in conducting a comparative study of international and Ukrainian legislation. The article presents the outcomes of the analysis of the empirical basis of the study, namely: international law and domestic regulations of Ukraine, research works, etc. The methodological approach to the study of international legal issues and national legal regulation of countering disinformation is based on the fundamental principles of freedom of thought and speech and their mandatory consideration in the development of a new legislation. The research reveals the presence of several groups of government experts within the UN system who focused on studying the issues related to cyber operations, the use of ICT that contradicts the norms of a responsible behavior of states. They proved that the issue of countering misinformation had not yet been resolved. On the basis of the Tallinn Handbook 2.0 analysis, the author concluded that the interference in the spheres of elections, health care system and other areas pertaining to state sovereignty through disinformation operations could be interpreted as contrary to the international law provisions.
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Doughman, Pam. „Supercities: Environmental Quality and Sustainable Development, An International Conference PACIFIC BASIN CENTER CONSORTIUM San Francisco, CA, October 26-29,1992“. Journal of Environment & Development 2, Nr. 1 (Januar 1993): 243–48. http://dx.doi.org/10.1177/107049659300200113.
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Dakwar, Jamil. „People without Borders for Borders without People: Land, Demography, and Peacemaking under Security Council Resolution 242“. Journal of Palestine Studies 37, Nr. 1 (2007): 62–78. http://dx.doi.org/10.1525/jps.2007.37.1.62.
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UN Security Council Resolution 242, drafted to deal with the consequences of the 1967 war, left the outstanding issues of 1948 unresolved. For the first time, new Israeli conflict-resolution proposals that are in principle based on 242 directly involve Palestinian citizens of Israel. This essay explores these proposals, which reflect Israel's preoccupation with maintaining a significant Jewish majority and center on population and territorial exchanges between Israeli settlements in the West Bank and heavily populated Arab areas inside the green line. After tracing the genesis of the proposals, the essay assesses them from the standpoint of international law.
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Gaman-Golutvina, O., und M. Dudaeva. „Center-Regional Relations in Italy“. International Trends / Mezhdunarodnye protsessy 20, Nr. 1 (2022): 6–37. http://dx.doi.org/10.17994/it.2022.20.1.68.6.
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The article examines the impact of the Covid-19 pandemic on the development of center-regional relations on the example of the Italian Republic. The pandemic has become a serious test of the effectiveness and strength of interaction between central governments and regions, and analysis of the socio-political results of almost two years of the difficult test makes it possible to clarify the understanding of the nature of modern Italian regionalism, and allows us to present a forecast for its further development. The study of this research is inscribed in a broad analytical and historical context. The conceptualization of analytical tools has been clarified, including the concepts of decentralization, regionalization, federalization, devolution, separatism, irredentism, autonomism. Political decentralization in Italy is considered in a historical retrospective by analyzing the goals, drivers and main milestones of the emergence and development of autonomist and separatist projects, including taking into account the study of the "North-South" issue. Various alternatives for the further evolution of center-periphery relations are considered, taking into account the negative impact of the pandemic. The conclusion is argued that the central government as a whole has demonstrated the ability to mobilize and pursue a flexible policy that meets social demand in key parameters, as a result of which society has rallied around the anti-crisis agenda and increased support for the central government. At this stage, it is considered that a relative public agreement has been reached taking into account the increase of current problems in case of active support of separatist political actors. Provided that the national government develops a further effective policy that keeps in mind the needs of the regions, it will help maintain the stability of the center-regional relations for the future.
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Telliel, Yunus Doğan. „Introduction“. Comparative Studies of South Asia, Africa and the Middle East 39, Nr. 3 (01.12.2019): 495–99. http://dx.doi.org/10.1215/1089201x-7885447.
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Abstract This essay introduces a special section on Islam and evidence with contributions by Ana Maria Vinea, Junaid Quadri, and Yunus Doğan Telliel, and an afterword by Alireza Doostdar. The contributors examine evidential inquiries in Islamic law, healing practices, and scriptural interpretation. This special section shows that discourses of evidence not only are at the center of major debates concerning Islam's authoritative sources (e.g., how to derive injunctions from the Quran, the prophet's practice, fiqh canons, etc.), but also shape knowledge practices at the intersection of Islam and modern science.