Journal articles on the topic 'Conflicts of obligations'
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1
Pawłowska, Izabela. "W obliczu konfliktu interesów. Nowelizacja Kodeksu Etyki Radców Prawnych." Radca Prawny, no. 3 (36) (December 28, 2023): 125–36. http://dx.doi.org/10.4467/23921943rp.23.029.19067.
Abstract:
Facing a conflict of interest. Amendment to the Code of Ethics for Attorneys-at-law The subject of this publication is the issue of conflict of interest in the profession of an attorney-at-law. The work analyzes the conflict of interests in the face of changes made in the wording of the Code of Ethics for Attorneys-at-law and the Regulations on the Practice of the Profession. It is examined whether changes in the scope of compli-ance with the obligation to avoid conflicts of interest are revolutionary or orderly in nature, and attention is paid to the obligations of attorney-at-law resulting from the obligation to avoid conflicts of interest.
2
Florczak-Wątor, Monika. "The Constitutional Obligation of the State to Protect the Weaker Party in a Horizontal Relationship." European Studies 6, no. 1 (December 1, 2019): 237–53. http://dx.doi.org/10.2478/eustu-2022-0039.
Abstract:
Summary The aim of this paper is to present how the State’s obligation to protect the weaker party in a horizontal relationship can be reconstructed from the provisions of the constitution. The paper outlines the concept of the protective obligations of the State as well as the peculiarities of the horizontal relationships. It deals with normative grounds for the general obligation to protect an individual by the State and for the specific protective obligations with respect to particular rights and freedoms. The analysis is primarily based on the constitutional provisions of Visegrad Group countries and includes the provisions of the European Convention on Human Rights. The paper concludes that conflicts of the State’s protective obligations resulting from conflicts of the rights and freedoms of individuals should be resolved in the same way in which the theory of law recommends resolving conflicts of constitutional principles.
3
Strauch, Paul, and Beatrice Walton. "Jus ex bello and international humanitarian law: States’ obligations when withdrawing from armed conflict." International Review of the Red Cross 102, no. 914 (August 2020): 923–58. http://dx.doi.org/10.1017/s1816383121000813.
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AbstractThis article considers the international legal obligations relevant to States when withdrawing from situations of armed conflict. While a growing literature has focused on precisely when armed conflicts come to a legal end, as well as obligations triggered by the cessation of active hostilities, comparatively little attention has been paid to the legal implications of withdrawals from armed conflict and the contours of the obligations relevant to States in doing so. Following in the wake of just war scholarship endeavouring to distil jus ex bello principles, this article examines States’ obligations when ending their participation in armed conflicts from the perspective of international humanitarian law (IHL). It shows that while it is generally understood that IHL ceases to apply at the end of armed conflict, this is in reality a significant simplification; a number of obligations actually endure. Such rules act as exceptions to the general temporal scope of IHL and continue to govern withdrawing States, in effect straddling the in bello and post bellum phases of armed conflict. The article then develops three key end-of-participation obligations: obligations governing detention and transfer of persons, obligations imposed by Article 1 common to the four Geneva Conventions, and obligations relating to accountability and the consequences of conflict.
4
van Benthem, Tsvetelina. "The redirection of attacks by defending forces." International Review of the Red Cross 102, no. 914 (August 2020): 875–92. http://dx.doi.org/10.1017/s1816383121000679.
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AbstractThis article examines the redirection of incoming missiles when employed by defending forces to whom obligations to take precautions against the effects of attacks apply. The analysis proceeds in four steps. In the first step, the possibility of redirection is examined from an empirical standpoint. Step two defines the contours of the obligation to take precautions against the effects of attacks. Step three considers one variant of redirection, where a missile is redirected back towards the adversary. It is argued that such acts of redirection would fulfil the definition of attack under the law of armed conflict, and that prima facie conflicts of obligations could be avoided through interpretation of the feasibility standard embedded in the obligation to take precautions against the effects of attacks. Finally, step four analyzes acts of redirection against persons under the control of the redirecting State. Analyzing this scenario calls for an inquiry into the relationship between the relevant obligations under international humanitarian law and human rights law.
5
Degeling, Simone, and Jessica Hudson. "Credit Advisers, Consumer Credit and Equitable Fiduciary Obligations." Federal Law Review 47, no. 1 (February 8, 2019): 64–90. http://dx.doi.org/10.1177/0067205x18816235.
Abstract:
Consumers use financial intermediaries such as brokers and other credit advisers to navigate complex financial markets and to provide guidance on credit products. In 2017 ASIC reported that ‘[b]rokers … are responsible for arranging … half of all home loans in Australia’ (Australian Securities & Investments Commission, Report 516: Review of Mortgage Broker Remuneration (2017) 8 [18]). The National Consumer Credit Protection Act 2009 (Cth) (‘Credit Regime’) regulates the conduct of such advisers including requiring disclosure of fees and some commissions. The Credit Regime also permits conflicts between the interest of the adviser and the client, provided that the adviser has in place ‘adequate arrangements to ensure … [that the client is] … not disadvantaged by any conflict of interest’ and that the conflict does not breach the adviser’s obligation to act ‘efficiently, honestly and fairly’. This article demonstrates that equitable fiduciary obligations also operate to regulate the conduct of the adviser in his or her dealings with the client. Such conflict and other conduct may breach any equitable fiduciary obligation thus exposing the adviser to equitable remedies. Equitable fiduciary obligations may thus be an as yet under-exploited avenue of protection for consumers and a concomitant zone of compliance risk for those subject to the Credit Regime.
6
Karin-Frank, Shyli. "When Friendship Conflicts with Moral Obligations." Social Philosophy Today 12 (1996): 303–16. http://dx.doi.org/10.5840/socphiltoday1996123.
7
Kopala, Beverly. "Conflicts in nurse educators' role obligations." Journal of Professional Nursing 10, no. 4 (July 1994): 236–43. http://dx.doi.org/10.1016/8755-7223(94)90025-6.
8
Hutter, Simone. "Starvation in Armed Conflicts." Journal of International Criminal Justice 17, no. 4 (September 1, 2019): 723–52. http://dx.doi.org/10.1093/jicj/mqz056.
Abstract:
Abstract Armed conflict can cause food shortages, which continue long after the fighting is over, and increase the chance that a famine may occur. When it occurs during the context of an armed conflict, death resulting from hunger is tolerated by the international community. Yet, the prevention or alleviation of famines, even within environmentally precarious regions, is often within human control. This gives rise to the following questions. Can a state use the outbreak of an armed conflict as an excuse to remain passive while starvation takes its course? Is it justified for a state to allocate most of its resources to its military operations, while claiming to have difficulties to collect sufficient resources to meet its minimum core obligations under international human rights law? This article aims to clarify these complex questions and elaborates on how the framework of human rights law includes provisions to prevent starvation in armed conflicts. With a focus on the right to food, this analysis scrutinizes the human rights-based obligations to respect, protect and fulfil, which impose clear duties on states with respect to famines. As it is generally accepted that international human rights law continues to apply in situations of armed conflict, both human rights law and international humanitarian law apply simultaneously in these scenarios. The analysis thus also examines the complex relationship between obligations under human rights law and humanitarian law and the influence of the former on the assessment of latter. Finally, the article touches upon the scope of obligations held by armed non-state actors.
9
DE WET, ERIKA, and JURE VIDMAR. "Conflicts between international paradigms: Hierarchy versus systemic integration." Global Constitutionalism 2, no. 2 (June 28, 2013): 196–217. http://dx.doi.org/10.1017/s2045381713000129.
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AbstractThis article gives an overview of two competing paradigms in the practice of judicial organs for the resolution of norm conflicts, namely the paradigm of a human rights based hierarchy versus the paradigm of systemic integration or conflict avoidance. Judicial practice indicates that norm conflicts typically manifest themselves between human rights obligations on the one hand and other categories of international obligations on the other. Do judicial organs resolve such norm conflicts in a manner that favours human rights obligations? If so, this would support the view in the literature that the international legal order is increasingly operating within a paradigm of hierarchy, with human rights at its apex. The article addresses this question based on the results of a study conducted by 10 authors who have analysed the practice of domestic, regional, supranational and international courts in dealing with norm conflicts between human rights, on the one hand and the other sub-regimes of public international law mentioned above, on the other (de Wet and Vidmar 2011). The article argues that judicial practice reveals no clear or consistent patterns of a human rights based hierarchy in international law can currently be induced from the manner in which courts resolve norm conflicts in international law. Instead, courts avoid resolving norm conflicts within a paradigm of hierarchy and instead remain within a paradigm of systemic integration that is aimed at maximizing the accommodation of competing sub-regimes of public international law.
10
Tougas, Marie-Louise. "SOME COMMENTS AND OBSERVATIONS ON THE MONTREUX DOCUMENT." Yearbook of International Humanitarian Law 12 (December 2009): 321–45. http://dx.doi.org/10.1017/s1389135909000129.
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AbstractGrowing concerns that PMSCs were operating in a legal vacuum led to increasing calls for further clarification on the role of such entities in conflict zones and to mounting pressure to develop a regulative framework under international law. In September 2008, 17 States endorsed the Montreux Document, an initiative sponsored by the Swiss government and the ICRC. The Montreux Document is a non-binding document aimed at identifying and reasserting the most relevant international legal obligations that govern the conduct of PMSCs during armed conflicts. It also provides for a set of guidelines on ‘good practices’ for States in regard to the operation of PMSCs in armed conflicts. Although it does not create any legal obligations, and only recalls existing ones, it is the first intergovernmental document to address international obligations in respect to the activities of PMSCs. It can thus be seen as a first step toward the establishment of a better regulative framework of PMSCs' activities in conflict zones. This article provides an overview of the process that led to the endorsement of this document and an analysis of its content. It also addresses some of the questions left unanswered by the Montreux Document.
11
Milanovic, Marko. "The Murder of Jamal Khashoggi: Immunities, Inviolability and the Human Right to Life." Human Rights Law Review 20, no. 1 (March 2020): 1–49. http://dx.doi.org/10.1093/hrlr/ngaa007.
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Abstract On 2 October 2018, Jamal Khashoggi, a dissident Saudi journalist residing in the United States of America, where he was a columnist for the Washington Post newspaper, was murdered in the Saudi consulate in Istanbul. This article analyses Khashoggi’s killing from the standpoint of the human right to life. It examines not only the obligation of Saudi Arabia to respect Khashoggi’s right to life, but also the obligations of Turkey and the United States to protect Khashoggi’s right to life from third parties, and to ensure respect through an effective investigation of his killing and mutual cooperation for the purpose of that investigation. It also looks at the extraterritorial scope of these various obligations. Finally, the article examines possible norm conflicts between state obligations under human rights law and their obligations under diplomatic and consular law, such as the inviolability of diplomatic and consular premises, agents and means of transportation.
12
Nevinchanyi, V. "Force majeure for tax obligations of business entities." Uzhhorod National University Herald. Series: Law 1, no. 78 (August 28, 2023): 268–72. http://dx.doi.org/10.24144/2307-3322.2023.78.1.43.
Abstract:
The article focuses on the analysis of the legislation of Ukraine regarding the exemption from liability of taxpayers, in particular, the application of the legislation on force majeure (circumstance of insuperable force) to relations arising in the field of tax and fee administration, the rights of taxpayers, and on alternative mechanisms of exemption from responsibility for violations of tax legislation, which appeared in connection with the establishment of quarantine and the introduction of restrictive anti-epidemic measures, and the introduction of the legal regime of martial law. The relevant problem of Ukrainian business entities was taken as an example, namely, receiving of tax notices-decisions on the application of fines for violation of the deadlines, defined by Article 201 of the Tax Code of Ukraine, for registration of tax invoices, calculations of adjustments to tax invoices in the Unified Register of tax invoices.The position of the State Tax Service of Ukraine regarding the exemption from liability of taxpayers was studied and also was considered its transformation during the legal regime of martial law. An analysis of the relevant judicial practice regarding the responsibility of taxpayers for violation of the deadlines for registration of tax invoices was carried out, were found court decisions in support of the position of the State Tax Service of Ukraine and in favor of the taxpayer.Readers’ attention is drawn to the existence of a legal conflict between «quarantine» legislation and «martial» legislation. Commonly accepted forms of resolving conflicts of law are given (prevention, elimination and overcoming), a brief description of each principle of overcoming conflicts of law is given, as well as the opinion of the author regarding the choice of a principle for overcoming a conflict between clause 521 of subsection 10 of chapter XX of the Tax Code of Ukraine and clause 69 of subsection 10 of chapter XX of the Tax Code of Ukraine.The article ends with the author’s subjective recommendation to appeal to the court, in case of violation of the rights of taxpayers, and assumption of the possible outcome of such appeal is given.
13
Jensen, Eric Talbot. "Precautions against the effects of attacks in urban areas." International Review of the Red Cross 98, no. 901 (April 2016): 147–75. http://dx.doi.org/10.1017/s1816383117000017.
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AbstractThe conduct of hostilities in urban areas is inherently difficult, particularly with respect to the protection of civilians. International humanitarian law places restraints on both attackers and defenders. While much is written about the obligations of attackers with respect to protecting civilians, much less attention has been paid to the defender's obligations. These obligations are routinely referred to as “passive precautions” or “precautions against the effects of attacks” and are codified in Article 58 of Additional Protocol I to the 1949 Geneva Conventions. Article 58 requires parties, “to the maximum extent feasible”, to remove civilians and civilian objects from the vicinity of military objectives, to avoid locating military objectives within or near densely populated areas, and to take other necessary precautions to protect civilians and civilian objects from the dangers resulting from military operations.Even though they are limited by only requiring those actions which are feasible, the obligations placed on the defender are far from trivial and, if applied in good faith, would certainly provide much needed protections to civilians in armed conflict, particularly in times of urban conflict. However, this ever-increasing urbanization is creating significant pressure on the doctrine of precautions in defence, stretching the “feasibility” standard beyond its capacity to adequately protect civilians. On the other hand, the emergence of advanced technology provides a mechanism for defenders to more easily and more fully comply with their obligations to segregate or protect the civilian population.For the customary obligation of “precautions against the effects of attacks” to maintain its effectiveness, particularly in urban areas of conflict, the understanding of feasibility and what is “practicable” in current urbanized armed conflicts will have to expand, increasing the practical responsibilities on the defender, including through the use of modern technology. Moreover, imposing criminal responsibility when appropriate and feasible precautions are not taken will rectify the perceived imbalance between the responsibilities of the attacker and those of the defender.
14
Butsan, Marharyta. "Performance of obligations in modern civil law." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 414–17. http://dx.doi.org/10.36695/2219-5521.1.2020.82.
Abstract:
The article considers the notion of performance. Treaty obligations were the most common in the civil turnover. Their performance depends to a large extent the stability of the economy and society as a whole. Of particular importance are norms of civil legislation implementing the Treaty obligation. They are used daily in practical activities of legal entities and citizens. The performance of an obligation – it is always a process that takes some period of time and consists of a series of actions of the debtor and the creditor. Debtor proposes the execution, the creditor accepts it. The article studies scientific approaches with respect to conditions of contractual obligations. practice shows that most contracts are careless, do not contain the necessary conditions to realization of the interests of the parties, do not include measures to ensure contractual obligations. During the execution of such contracts often have complications, different interpretations by the parties to the same conditions, and as a result, there has been a massive failure by the parties of their responsibilities, resulting in numerous conflicts. The most important task of modern legal science and practice – the creation of legal mechanisms, allowing most effectively to ensure the proper performance of contractual obligations and to compensate the injured party for the loss caused by their failure or improper performance. Mechanism of performance of the obligation is the mutual interest of the parties. In determining the obligations a list of specific actions that the debtor is obliged to make in favor of the lender, is limited to the indication of the transfer of property, performance of work and payment of money. Undoubtedly, the parties rely on bilateral compliance with the obligations under the contract, but obviously there are cases when under any circumstances one of the parties does not fulfill its obligations. Performance of the obligation should also be understood as certain acts by the debtor (or refraining from doing,) that is the obligation of the debtor. In this regard, it should be noted that the lender has the right to demand fulfillment of the obligation, but the debtor is involved in such actions. Moreover, under proper performance to understand the performance of an obligation by an appropriate person at the appropriate time a particular person under equal circumstances. The real is the performance of specific obligations, which is reflected in the implementation of certain actions.
15
Li, Xuan, and Claudia Zerle-Elsässer. "Modern fathers' dilemma of work-family reconciliation. Findings from the German Youth Institute Survey AID:A II." Journal of Family Research 35 (January 9, 2023): 103–23. http://dx.doi.org/10.20377/jfr-792.
Abstract:
Objective: This study investigated how work and family demands and resources relate to fathers’ perceived work-family conflicts. Background: Increasing expectations for family involvement and the lingering centrality of employment in the male life course pose challenges for fathers to combine different life domains. However, most studies on work-family interface continue to focus on mothers and examine work-to-family conflict and family-to-work conflicts separately. Method: First, we used cluster analysis to identify a typology of four groups, each with different manifestations of work-to-family and family-to-work conflict. We then analyzed the relationship between fathers’ group membership in this typology and a number of relevant work and family demands and resources using multinomial logistic regression on a sample of 5,226 German nuclear families with at least one child under 18. Results: Our findings revealed that the greatest proportion of fathers (38.2%) reported being primarily pressured from work (=work-to-family conflict predominates), 19.8% primarily from the family (=family-to-work conflict predominates), but another 13.4% reported feeling conflicted in both directions; only 28.6% of fathers reported being more or less free of conflicts. Results of multinominal logistic regression suggested that long work hours, intrusive work demands, and long commute associated with fathers’ work-to-family conflict or dual conflicts. The higher the fathers’ weekday time investment in childcare and the better the perceived couple and family relationship, the lower the likelihood of fathers’ experience of work-to-family and dual conflict, although the likelihood of family-to-work conflict is unaffected. In addition, a higher family income and having a non-working partner negatively associated with fathers’ perceived work-family conflicts. Conclusion: These findings have strong implications for family-supportive practices and policies that are yet to focus on fathers in their difficult position between work and family obligations.
16
Wewerinke-Singh, Margaretha. "Pandemics, Planetary Health and Human Rights." Max Planck Yearbook of United Nations Law Online 24, no. 1 (December 17, 2021): 399–425. http://dx.doi.org/10.1163/18757413_02401013.
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Global solidarity and international cooperation are key to addressing compound global crises – such as climate change, biodiversity loss and pandemics – effectively. It remains unclear, however, to what extent, and on what legal basis, solidarity and international cooperation constitute legal obligations of States under different branches of international law. Questions also persist about the extent to which and how States’ obligations of international cooperation are differentiated; what common and differentiated obligations entail in practice for States at different levels of development; and how potential conflicts between different types of obligations (e.g. territorial and extraterritorial human rights obligations) must be addressed. This article seeks to unpack these questions from the perspective of international human rights law, giving due consideration to relevant principles and provisions of international environmental agreements. It builds on international law scholarship that has explained how and why the provisions of the UN Charter should be interpreted as creating genuine membership duties, including an obligation to cooperate to realise human rights. Further, it builds on more recent scholarship that has explored how this obligation applies in connection with climate change and biodiversity, and on a nascent body of scholarship on the covid- 19 crisis, human rights and international law. The aim of the article is to explore the role of the principle of solidarity and the duty to cooperate to realise human rights in devising more effective and holistic responses to compound global crises.
17
Juenger, Friedrich K. "Two European Conflicts Conventions." Victoria University of Wellington Law Review 28, no. 3 (June 1, 1998): 527. http://dx.doi.org/10.26686/vuwlr.v28i3.6066.
Abstract:
The states of the European Union have so far concluded two major conflict of laws conventions: The Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, and the Rome Convention on the Law Applicable to Contractual Obligations. Professor Juenger here reflects on the creation and experience of these treaties and concludes that the Brussels/Lugano Conventions present a model for the world while the Rome Convention shows what to avoid.
18
Munawirsazali, Munawirsazali, Imam Taufiq, and Misbah Zulfa Elizabeth. "FAMILY CONFLICT MANAGEMENT: QUR’ANIC PERSPECTIVE." Al-Risalah 15, no. 1 (January 2, 2024): 61–74. http://dx.doi.org/10.34005/alrisalah.v15i1.3242.
Abstract:
This study discusses the concept of family conflicts and their management according to the perspective of the Qur'an. The literature review and thematic approach found five conflict areas in the family: leadership and husband-wife relations; the fulfilment of rights and obligations; the achievement of family vision, mission and goals; attitude and physical intimacy issues; and husband-wife incompatibility. Meanwhile, the Qur'anic family conflict management includes minimising and avoiding violence and encouraging positive behavioural changes among family members.
19
Radygin, A., and R. Entov. "Еnforcement of Property Rights and Conractual Obligations." Voprosy Ekonomiki, no. 5 (May 20, 2003): 83–100. http://dx.doi.org/10.32609/0042-8736-2003-5-83-100.
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The paper deals with theoretical approaches to the problems of property rights and contractual obligations and with analysis of economic consequences of the imperfect enforcement system. In particular, the authors consider Russian experience in the sphere of corporate conflicts. Legal and practical recommendations related to the improvement of legal framework, judiciary reform, executory process and different federal and regional authorities are also presented.
20
Falalіeіeva, Liudmyla. "Interaction of paradigms of international human rights law and international humanitarian law through the prism of obligations of the occupying power." Yearly journal of scientific articles “Pravova derzhava”, no. 34 (August 1, 2023): 582–98. http://dx.doi.org/10.33663/1563-3349-2023-34-582-598.
Abstract:
Falalіeіeva Liudmyla. Interaction of paradigms of international human rights law and international humanitarian law through the prism of obligations of the occupying power The article highlights theoretical and practical significance of complying or ensuring compliance with the norms of international human rights law in occupied territories and the obligations of the occupying power in accordance with international humanitarian law. Being distinct and having different implementation mechanisms, these bodies of law are applied in parallel, complementing each other to ensure proper protection of guaranteed rights. This study reveals the essence of and peculiarities of the interaction between the paradigms of these two fields of international law, as one of the most important factors contributing to the fulfillment by the states of their obligations to observe/protect human rights, especially fundamental rights in times of armed conflicts, for instance, during Russian unprovoked aggression against Ukrainein its existential and civilizational dimensions, and during the occupation. The applicability of international human rights law in the context of armed conflicts and occupation is highlighted. The article includes analysis of the legal regime of occupation, especially the obligations of the occupying power. It assesses the existing problems with the fulfillment of such obligations by the Russian Federation as the occupying power,which destroys the national identity of Ukrainians and weakens their European identity in the parts of the territories of Ukraine that are being temporarily occupied. The article includes proposals how to overcome these and other related problems. The author concludes by noting that compliance with the obligations under international human rights law in the occupied territories, as well as with the obligations of the occupying power under the law of occupation, internationonal humanitarian law, with respect to various categories of human rights, constitute acomplex and multifaced issue. The Ukrainian doctrine of international law already examines this issue in an interdisciplinary dimension, specifically by analyzing the limits of the rights and obligations of the occupying power in the context of fulfillingits obligations as concerns human dignity and human rights. The scientific researches into the issues related to the scope, nature and limitations of such obligations, legal instruments for their implementation and response in case of their violation can become the theoretical and methodological basis for the development of conceptual approaches to the establishment of relevant practices aimed to ensure that human rights are applied and respected during armed conflicts and occupation. Similarly they can serve as a basis for improvement of the existing mechanisms of bringing states to international legal responsibility for committing internationally wrongful acts and violations of international obligations to observe/protect human rights, given that the latter form the hard core of the civilizational values. Civilizational values embody the universal nature of human rights. They most fully reflect the achievements of mankindin this area and are of the pivotal methodological and practical significance for construction and establishment of an optimal post-war model of international legal order. Key words: international human rights law, international humanitarian law,principle of respect for human rights and fundamental freedoms, principle of non-useof force or the threat of force, armed conflict, regime of occupation, civilians, humanrights, fundamental rights, international treaties, international obligations, international standards, European integration, European identity.
21
Urban, Sergiusz. "Environmental Impact Assessment in the context of armed conflicts." Opolskie Studia Administracyjno-Prawne 21, no. 2 (December 12, 2023): 211–22. http://dx.doi.org/10.25167/osap.5070.
Abstract:
The Environmental Impact Assessment (EIA) is a legal, procedural tool that allows to identify, predict, evaluate and prevent or mitigate the impacts of a planned project on the environment. An inherent element of this process is public participation that shall be assured at all times.
EIA is regulated by domestic environmental laws of a given county, but an imminent influence on these regulations is exerted by EU EIA Directive (Directive 2011/92/EU text codified) and international conventions, especially the ESPOO Convention.
EU legislation and international EIA-focused treaties do not determine if armed conflicts affect the EIA procedures and, if the answer is positive, in which way, especially whether the EIA procedure remains required under these exceptional circumstances or it may be postponed until cease of conflict or even omitted.
For this reason, it was of high importance to determine whether EIA-related obligations set by EU and international laws are suspended or remain valid and in force during armed conflicts.
The research revealed that the above-mentioned acts do not have provisions that explicitly regulate the effect of armed conflicts on the obligations relating to the EIA procedures. Furthermore, current jurisprudence and doctrine do not provide clear answer on the scope of application of international environmental law during armed conflict. It is often explained by the fact that environmental law is not yet fully formed in that respect and it is still not commonly agreed how it relates to international humanitarian law.
Based on findings of the research, some conclusions are proposed that aim at providing advise on the application of EIA during armed conflicts and suggestions to supplement discussed bodies of law.
This article will discuss the main results of the study conducted on this important and very up-to-date subject.
22
Jones, Claire Taylor. "Negotiating Liturgical Obligations in Late Medieval Dominican Convents." Church History 91, no. 1 (March 2022): 20–40. http://dx.doi.org/10.1017/s0009640722000646.
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AbstractLiturgy has often served as a source for studying the identities of medieval religious communities through examining local saints and special chants or ceremonies. This article deepens such approaches by considering the practice of liturgical coordination, which required each convent to reconcile the obligations imposed upon it by the order to which it belonged, the diocese in which it lay, and the personal networks of its sisters. The shifting dates of the Easter cycle created a wide variety of possible calendrical conflicts and necessitated that each convent's liturgical practice be organized anew every year. Focusing on German-language liturgical manuals from Observant Dominican convents, this article introduces these sources and examines the various obligations, authorities, and sources of advice that Dominican sisters coordinated when planning each year's liturgy. It then turns to the concrete example of a major calendrical conflict on May 1, 1519, which illustrates how convents negotiated their networked obligations and defended their decisions. Supplementing traditional sources such as chronicles and charters, liturgical administrative documents reveal how each convent's liturgical identity was both iterative and networked and how the tensions between these features opened up spaces for assertive decision-making.
23
Tejakusuma, Erwin Kunta, Dwi Endah Nurhayati, and Samuel Saut Martua Samosir. "The Obligation of Notary as a Reporter in Efforts to Prevent and Eradicate Money Laundering Crime." Jurnal Ilmu Kenotariatan 5, no. 1 (May 12, 2024): 28. http://dx.doi.org/10.19184/jik.v5i1.46678.
Abstract:
Money laundering is a structured and diverse crime, the implementation of which can utilize financial institutions and institutions outside the financial system. In Government Regulation No. 43/2015 on Reporting Parties in the Prevention and Eradication of ML, it is stated that notary is one of the reporting parties. However, this obligation to report conflicts with the obligation to keep the contents of the deed and all information regarding the deed confidential as stipulated in the Notary Position Law. Notaries in carrying out their duties are bound by an oath of office that they must uphold. One of the notary oaths is regarding notary confidentiality as written in Article 4 Paragraph (2) of Law Number 30 Year 2004. In addition, notaries in carrying out their positions, based on Article 16 of UUJN Paragraph (1) letter f, notaries are obliged to "keep confidential everything regarding the deed they make and all information obtained for the making of the deed in accordance with their oath / pledge of office, unless the law determines otherwise". The clash of norms between private law and public law certainly requires legal protection in carrying out their positions. The legal protection applied is related to the guarantee of the rights and obligations of notaries, both regarding their obligations as reporting parties in efforts to prevent and eradicate money laundering crimes and notary obligations in the realm of private law. This legal protection is intended so that notaries can be free from claims or lawsuits in carrying out their obligations as reporting parties in efforts to prevent and eradicate money laundering crimes. KEYWORDS : Notary, Obligations of the Reporting Party, Legal Protection.
24
Pilipson, Edvard. "JOINT WILL RECOGNITION AS A SUCCESSION CONTRACT: RIGHTS AND OBLIGATIONS’ STATUS ISSUES." Baltic Journal of Legal and Social Sciences, no. 2 (October 26, 2022): 150–57. http://dx.doi.org/10.30525/2592-8813-2022-2-25.
Abstract:
Joint wills as a contractual succession institution exists as a legal form, which is characterized by an unstable legal nature. Applicable legal regulation, depending on concrete factual composition, can convert joint wills into a contract of succession. With this transformation, principal categories for legal regulation will be changed. This transformation includes the norms that determine the status of rights and obligations, activity and retroactivity of the norms that determine the essential components of both joint wills and succession contract. Questions will undoubtedly arise in competent law determining to ensure convertation. The convertation process as a legal transaction of an independent nature causes substantial conflicts between the rules governing the right of succession under joint will and the rules governing succession under contract. The reason for this phenomenon is the detipization of conflict factors. Conflict factors, named with term detipization exist as a mixture of material norms that occurs as a result of a meaningful conflict without due legal basis or appropriate legal result. In the situation of the possible recognition of joint wills as a concluded succession contract, conflict factors detipization will cause a conflict of qualifications in the situation of applying identical legal categories related to succession under joint wills norms and succession law norms, which secure succession under contract.
25
Hartawati, Andi. "Conflict Resolution in the Perspectives." Journal of Public Administration and Governance 9, no. 3 (August 21, 2019): 75. http://dx.doi.org/10.5296/jpag.v9i3.14964.
Abstract:
In a happy household, it based on the principle of mutual responsibility for the rights and obligations of husband and wife. But the reality is that families cannot always be calm and calm, sometimes there are conflicts in it. If the dispute not is resolved, it can lead to divorce. The increase in the number of cases that occur each year makes the writer formulate a problem, namely what is the cause of the conflict between husband and wife and how to resolve the dispute between husband and wife that affects the divorce. By adopting an empirical research approach, namely observing the symptoms of law in society. Causes of husband and wife conflicts such as value conflicts, lack of communication, ineffective leadership, incompatible roles, low productivity, changes in balance, problems not solved overcoming conflict by minimizing divorce making peace with religious observance, and increasing the value of local wisdom "Siri Na Pacce."
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T. Kilag, Osias Kit, Joan M. Largo, Annabelle R. Rabillas, Fernando E. Kilag, Mark Kevin A. Angtud, John Francis P. Book, and John Michael Sasan. "Administrators’ Conflict Management and Strategies." European Journal of Higher Education and Academic Advancement 1, no. 2 (May 8, 2023): 22–31. http://dx.doi.org/10.61796/ejheaa.v1i2.98.
Abstract:
This study seeks to identify key elements to workplace conflict. A descriptive phenomenological design, a qualitative method used by the researchers to gain a deeper knowledge of the phenomenon, was used. The experiences of the informants led to the development of five themes. The themes supported the necessity of conflict management, emphasizing its significance particularly in the relationship between administrators and those they supervise. Additionally, their individual families might find it significant. Lessons on how to prevent disputes in every circumstance or job may be learned from the many themes. Hurtful comments, misunderstandings, failing to handle obligations, and failing to delegate jobs were the causes of the conflicts. But these disputes were successfully resolved owing to effective communication and the mediation of friends and coworkers. Conflict can be supported and influenced by effective conflict management. The third theme is "Well-managed conflicts are opportunities for cooperation." The fourth theme is that handling conflict helps people develop as people. Theme No. 5: Conflict situations should be handled completely.
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Agustina, Dini, Jamalullail Jamalullail, and Arief Subhan. "Conflict Resolution, Prevention and Handling Public Information Disputes." Jurnal Indonesia Sosial Sains 5, no. 1 (January 31, 2024): 103–13. http://dx.doi.org/10.59141/jiss.v5i1.984.
Abstract:
Conflicts over public information disputes have increased in the past three years. This study aims to analyze the process of information flow that occurs in information dispute conflicts and to analyze solutions to prevent and handle information dispute conflict problems. This study intends to analyze conflict resolution resolution of public information disputes in Indonesia using communication theory and conflict resolution theory in depth. The methodology in this research is qualitative method using library research method. Based on the results of the research analysis, it was concluded that the process of information flow that occurs in conflicts over public information disputes is hampered due to dissatisfaction from public information applicants with requests for information submitted from public bodies, because there are differences in perception. The solution to conflict prevention is increased awareness of the parties involved regarding rights and obligations related to public information, training and education on public information disclosure, formulation of clear policies on related Standard Operating Procedures and increased internal mediation between public bodies and information applicants. In addition, solutions for handling information dispute conflicts, in addition to mediation and adjudication in accordance with regulations, can be improved through increasing understanding of regulations regarding Public Information Disclosure and increasing the institutional capacity of the Information Commission.
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Moodrick-Even Khen, Hilly. "Restoring Children’s Right to Education during and after War." International Journal of Children’s Rights 31, no. 1 (April 7, 2023): 225–67. http://dx.doi.org/10.1163/15718182-31010005.
Abstract:
Abstract The need to protect children in armed conflicts has become urgent, especially since the 1990s, and is now outstanding in the war in Ukraine. Among the violations against children in Ukraine that were identified by the UN Secretary General in 2005, were attacks on schools and hospitals. This article discusses the question of how the violation of the right to education during armed conflict can be redressed and suggests a mechanism for doing so. It uses the Russia-Ukraine war (2022) as a case study. The legal protection of children’s rights in armed conflict is facilitated by three branches of international law: international humanitarian law (or the laws of armed conflict); international human rights law; and international criminal law. This article will address the first two as well as, in a more limited way, the law of refugees. The article discusses the significance of the child’s right to education. It provides empirical data on how this right is jeopardised during armed conflicts and offers recommendations regarding what the international community can do to secure this right as far as possible during, as well as directly after, armed conflict. The article suggests a mechanism that would involve states parties to the crc, the crc Committee, and the establishment of a trust fund to compensate states that have suffered an armed conflict, and to use the compensation to redress the right to education. This arrangement could be regulated by an additional protocol to the crc. States parties to the crc that ratified the additional protocol would be required to contribute to the fund (according to a socio-economic index). States parties subjected to armed conflicts would be permitted to use the trust funds primarily if they proved they were compliant (before the eruption of the conflict) with their treaty obligations to secure the right to education according to the Concluding Observations of the crc Committee. There could also be exceptions, depending on the specific circumstances of each case. This mechanism would be advantageous in that it would use the already-existing crc Committee and the expertise and experience of its members and would also increase the accountability of states parties to the crc for their treaty obligations. In this way, it would also tackle a larger problem: the difficulty of imposing states’ accountability for their obligations under human rights law treaties.
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Dmitriyev, Yu Ye. "International legal protection of the environment from criminal acts during armed conflicts." Uzhhorod National University Herald. Series: Law 3, no. 81 (April 19, 2024): 67–71. http://dx.doi.org/10.24144/2307-3322.2024.81.3.8.
Abstract:
The article is dedicated to revealing the state of legal provision for the international legal protection of the environment from criminal acts during armed conflicts. Attention is drawn to the fact that international legal obligations of states regarding environmental protection during armed conflict are only contained in a few environmental treaties, but simultaneously in special agreements that are applicable in the presence of armed conflict and are sources of international humanitarian law. It is noted that from the general principles of the impact of war on international treaties, it follows that the termination of an international treaty at the onset of war is an exception to the rules, not a mandatory act. According to Articles 61 and 62 of the Vienna Convention on the Law of Treaties of 1969 regarding impossibility of performance and fundamental change of circumstances, it is established that war is not a basis for the automatic termination of treaty obligations, including environmental ones, by the parties to the conflict who have become parties in peacetime, which is also stated in the Draft Articles on the Impact of Armed Conflicts on Treaties of 2011 prepared by the UN International Law Commission, which includes a reference to a provisional list of treaties whose subject matter implies that they continue to apply during armed conflict, among them – treaties on international environmental protection.
The standpoint regarding the necessity of developing a codified international instrument, which would consolidate the currently disparate provisions for regulating environmental protection issues in conditions of armed conflict, compensation for damage caused, etc., as a source of international environmental law, is supported. It would also address existing problems in legal application, such as the narrow and imprecise definition of the threshold level criteria required to prove environmental damage during armed conflict.
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Kelly, Janet. "Battlefield conditions: Different environment but the same duty of care." Nursing Ethics 17, no. 5 (August 27, 2010): 636–45. http://dx.doi.org/10.1177/0969733010373434.
Abstract:
Using an interpretative research approach to ethical and legal literature, it is argued that nursing in the battlefield is distinctly different to civilian nursing, even in an emergency, and that the environment is so different that a duty of care owed by military nurses to wounded soldiers should not apply. Such distinct differences in wartime can override normal peacetime professional ethics to the extent that the duty of care owed by military nurses to their patients on the battlefield should not exist. It is also argued that as military nurses have legal and professional obligations to care for wounded soldiers on the battlefield, this obligation conflicts with following military orders, causing a dual loyalty conflict. This is because soldiers are part of the ‘fighting force’ and must be fit to fight and win the battle. This makes them more of a commodity rather than individual persons with distinct health care needs.
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Florea, Dumitriţa, and Narcisa Galeş. "Personal Status and Conflicts of Laws." European Journal of Law and Public Administration 9, no. 2 (December 20, 2022): 01–11. http://dx.doi.org/10.18662/eljpa/9.2/177.
Abstract:
The legal status of the foreigner has always been of particular interest, as it has been found over time that the rights that a natural or legal person may have in a foreign country have particular consequences. Part of the population of a country other than the one in which he is located or lives, the foreigner who does not have Romanian citizenship, but who is found on the territory of a state, may have the status of stateless, refugee or displaced person. The foreigner's legal condition contains all the legal norms that regulate the legal acts and deeds of foreigners, natural or legal persons. The legal norms that regulate this matter are material norms that belong to Romanian law and, as such, the legal condition of the foreigner is subject to Romanian law, as the law of the forum, respectively as the law of the place where the foreigner is found. The sufficiently rich Romanian legislation that regulates the field took into account the particular nature of social relations, aiming to be as close as possible to concrete situations. The current trend, contained mainly in the provisions of the Civil Code that "liberalizes" the possibility of applying a different rule of law than the classical one, we consider to be a step forward and is in line with the obvious progress of the science of conflict law, also resulting from its historical evolution. The foreigner's legal status is made up of the set of rights and obligations they enjoy based on state legislation and according to international conventions. This means, concretely, the set of legal rules that regulate the foreigner's ability to use, i.e. the rights and obligations he has in a state as a foreigner. We emphasize that, also in the case of the legal person, the legal condition of the foreigner can be used, this being "that collective subject of law, holder of rights and obligations, whose personal status is governed by its national law".
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De Pietro, Carla. "Tax Abuse and Legal Pluralism: Towards Concrete Solutions Leading to Coordination Between International Tax Treaty Law and EU Tax Law." EC Tax Review 29, Issue 2 (March 1, 2020): 84–96. http://dx.doi.org/10.54648/ecta2020010.
Abstract:
As will be demonstrated in this article, the concepts of abuse adopted at EU and OECD level do not coincide completely. As a result of these differences, conflicts may concretely arise between the EU and international obligations held by the same EU Member State. Furthermore, due to legal pluralism (i.e. the fact that each legal system, in principle, is developed and, therefore, functions autonomously on a global level) very often, in case of conflict, different conflict rules will be applicable, without the possibility of guaranteeing coordination between international tax treaty law and EU tax law. In the absence of common coercive solutions, the author argues that coordination between international tax treaty law and EU tax law requires a dialectical approach through which conflicts can be managed. Therefore, conflicts become an opportunity for discussion and negotiation in order to pursue – step-by-step – solutions conciliating the international and the EU tax systems. Indeed, the achievement of complete coordination could not be immediate, but require intermediate steps. Any dialectical approach requires phases of compromise. This is implicit in the concept of managing conflicts on which legal pluralism is based. Tax Abuse, Legal Pluralism, Coordination, tax treaties, EU law, conflict rules, double taxation, fundamental freedoms, artificial arrangement, proportionality, legal certainty, dialectical approach, PPT rule
33
Fleck, Dieter. "The Protection of the Environment in Armed Conflict: Legal Obligations in the Absence of Specific Rules." Nordic Journal of International Law 82, no. 1 (2013): 7–20. http://dx.doi.org/10.1163/15718107-08201002.
Abstract:
While a general rule of ‘eco-protection’ in armed conflict may be derived from the basic principles of distinction, proportionality, avoidance of unnecessary suffering and humanity, international humanitarian law provides little by way of more specific rules for the protection of the natural environment except for in extreme situations that can rarely be expected to occur. Nevertheless, opinio juris has changed since the adoption of pertinent instruments in 1977. This development needs to be balanced against a still prevailing general reluctance to accept specific ecological obligations and procedures in military operations. Thus a detailed evaluation of planning and decision-making processes appears necessary. Revisiting the San Remo Manual on International Law Applicable to Armed Conflicts at Sea and the ICRC Study on Customary International Humanitarian Law, this article argues that certain qualifications made in these documents relating to requirements of ‘imperative military necessity’ are to be assessed in the light of their specific implications and should be used with caution. Furthermore, it is suggested that pertinent consequences of the International Law Commission’s Draft Articles on the Effects of Armed Conflicts on Treaties deserve further study. To this end, interdisciplinary case studies should be conducted to support fact-oriented evaluations of military requirements, ecological assessments and political effects post-conflict, rather than insisting on thresholds for legal regulation that already appeared to be escapist decades ago and which may prove counter-productive in the years to come. New activities aimed at protecting the natural environment in armed conflict should focus on a reaffirmation of existing rules and their effective implementation.
34
Bańczyk, Alicja. "Między więzami rodzinnymi a obowiązkami wasala. Aymon z Dordogne w dwóch wersjach Renaut de Montauban – pieśni epickiej i prozatorskiej przeróbce." Terminus 24, no. 3 (64) (November 30, 2022): 243–58. http://dx.doi.org/10.4467/20843844te.22.013.16050.
Abstract:
Between the Family Ties and a Vassal’s Obligations: Aymon of Dordogne in the Two Versions of Renaut de Montauban – chanson de geste and Its Prose Adaptation This article attempts to answer the questions concerning ways of resolving conflicts between two types of obligations: those owed to one’s family and those resulting from feudal relations. An analysis of literary portrayals such a conflict of obligation and its solutions is carried out here on the basis of the heroic epic (chanson de geste) Renaut de Montauban, with Aymon, the father of rebellious brothers opposing Charles the Great as a protagonist who has to make a choice between his loyalty to the monarch and taking the side of his own children. The article compared two versions of the story: the one from the 13th-century manuscript Douce 121 and its 15th-century prose adaptation, included in the manuscript Sloane 960. The two versions are juxtaposed in order to find out if Aymon’s attitude to his obligations is depicted differently depending on the time of creating the text. First, an analysis is presented of the oath (forjurement) made by Aymon before the monarch, in which he accepts the obligation not to help his children, and to fight against them. Then, on the basis of selected fragments of both versions, the protagonist’s understanding of material support and the duty to fight against his own children is discussed. The comparative analyses of the two versions indicate that much as Aymon does not exclude the possibility of offering material support to his sons, e.g. by supplying them with food or money, he never considers the possibility of providing a military support. On the contrary, he is actively engaged in a fight against them, which may be a consequence of the oath. According to the law, breaking the oath by offering military support was penalized by death, whereas material support could result in a less grievous punishment. It is also demonstrated that the duties with respect to one’s family are treated much more seriously in the later version of the epic, with a clear suggestion that they should outweigh the obligations to the feudal lord.
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von Papp, Konstanze. "Solving Conflicts with International Investment Treaty Law from an EU Law Perspective: Article 351 TFEU Revisited." Legal Issues of Economic Integration 42, Issue 4 (November 1, 2015): 325–56. http://dx.doi.org/10.54648/leie2015021.
Abstract:
This article is meant to contribute to the discussion of the relationship between European Union (EU) and international law. It focuses on bilateral investment agreements between EU Member States (intra-EU BITs), the majority of which will continue to have practical relevance. So how should one deal with a scenario in which the compliance with EU law (e.g., state aid law) means that a Member State must breach its obligation under an intra-EU BIT (e.g., by cutting returns on income from an investment protected thereunder)? The article answers this question by critically analysing the protection granted to pre-existing international obligations of the EU Member States under so-called anterior treaties. It criticizes established case law under Article 351 TFEU as having emphasized the wrong issues, and suggests to turn the discussion back to the real questions: precisely when is there a conflict, and how far do a Member State’s duties under Article 351(2)TFEU reach? It is argued that reconsidering Article 351 TFEU will foster doctrinal clarity and flexibility in dealing with the ‘obligations’, and also the ‘rights’ of the EU Member States under anterior treaties. Doctrinal clarity and flexibility will then benefit the relationship between EU and international law more generally.
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Romli, Desmawaty, Junaidi Junaidi, and Martindo Merta. "KEWENANGAN KEPALA DESA DALAM MENYELESAIKAN SENGKETA MASYARAKAT BERDASARKAN UNDANG-UNDANG DESA." Solusi 20, no. 1 (January 1, 2022): 17–30. http://dx.doi.org/10.36546/solusi.v20i1.526.
Abstract:
Public activities are never separated from social communication. Village community groups adhere to the characteristics of a peaceful and serene life, it cannot be separated from differences of opinion. Conflict issues that arise are triggered by conflicts of interest that cause debate. If this is allowed, it will damage the value of decency, social values that cause disturbances in the security and comfort of the village community. The application of dispute resolution or violence in Indonesia, culturally, uses a lot of local community structures. To maintain harmony, organize and improve life in the village, it is more important to prioritize solving problems by consensus around people where there is a conflict, it is carried out peacefully. Ending the problem that was carried out by deliberation and consensus was carried out to maintain a harmonious life as the duty of the Village Head to resolve conflicts among its citizens. The authority of the Village Head to be able to resolve customary cases in examining and adjudicating according to their customs and not by law. The village head's obligation does not cancel the wishes of several individuals if they wish to have their case resolved in court, where it has been determined that the village head's obligations are to carry out his duties in resolving every community conflict in his village. The role of the Village Head as a conflict resolution issuer is very much needed to create a working judiciary in Indonesia. Conflict resolution based on local wisdom as explained in the Town Law can be utilized as much as possible in an effort to realize justice for the community.
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de Graaf, Gjalt, Antoinette Rijsenbilt, and Job van Exel. "Being a good financial auditor. Conceptions of responsibilities among accountancy students." Maandblad voor Accountancy en Bedrijfseconomie 95, no. 9/10 (November 25, 2021): 303–19. http://dx.doi.org/10.5117/mab.95.71766.
Abstract:
Auditors serve several masters. They have a clear obligation towards society, which expects them to be honest in checking the books of what are sometimes influential and wealthy institutions. At the same time, auditors are hired and paid by their clients, the companies they audit, who may have clear expectations in return. Sometimes the different obligations auditors have, or perceive to have, can conflict. We focus here on accountancy students who already work part-time at accountancy firms and who will shape the future of accounting. Our main research question is: What different conceptions of auditor responsibilities exist among accountancy students? We used Q-methodology, a mixed-methods approach, to identify and describe the views accountancy students have on what are the responsibilities of an auditor. We found four conceptions of auditor responsibilities among accountancy students in the Netherlands that are distinct in how they deal with conflicts between professional behaviour, integrity, objectivity, and professional competence.
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Sjöstedt, Britta. "The Role of Multilateral Environmental Agreements in Armed Conflict: ‘Green-keeping’ in Virunga Park. Applying the UNESCO World Heritage Convention in the Armed Conflict of the Democratic Republic of the Congo." Nordic Journal of International Law 82, no. 1 (2013): 129–53. http://dx.doi.org/10.1163/15718107-08201007.
Abstract:
This article analyses the application of the 1972 United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage Convention (the WHC) in the context of the armed conflicts that have taken place in the Virunga National Park (the Park), a natural world heritage site in the Democratic Republic of the Congo (the DRC). Instead of addressing wartime environmental damage under the law of armed conflict, this article seeks to establish how such damage can be addressed using multilateral environmental agreements (MEAs). MEAs often consist of general principles and vague obligations and their relevance or applicability during situations of armed conflict may be questioned. However, a number of MEAs, including the WHC, authorise their convention bodies to develop detailed and substantive obligations applicable to their parties. Thus, the decisions and recommendations adopted by the World Heritage Committee, a body established under the WHC, provide substantive content to the provisions of the WHC. These decisions and recommendations may, however, run counter to the requirements of military necessity thereby affecting the application of the law of armed conflict. While the position adopted by the World Heritage Committee does not inevitably imply a clash between the obligations in the WHC and the law of armed conflict, it does raise the question of whether the outstanding values of world heritage should trump the rules of military necessity and other pressing concerns during armed conflict. On an informal basis, the World Heritage Committee and the UN peacekeeping forces deployed in the DRC have agreed to perform operations that jointly address the interconnected concerns of security and conservation of natural resources in the region of the Park. This cooperative ‘green-keeping’ operation represents a useful approach to regime interaction and the harmonisation of obligations set out in different legal regimes that are applicable to the same subject matter.
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Ramiro Muñoz, Manuel, Daniela Díaz Lozano, and María Alejandra Quintero Falla. "La Responsabilidad Social Empresarial como herramienta para la gestión de conflictos con comunidades rurales." REVISTA CONTROVERSIA, no. 212 (June 1, 2019): 13–46. http://dx.doi.org/10.54118/controver.vi212.1167.
Abstract:
Las empresas están llamadas a reflexionar en torno al alcance de sus acciones en el marco de la Responsabilidad Social Empresarial (RSE), más aún, en contextos como Colombia, donde la ruralidad es el escenario de conflictos que involucran a las comunidades indígenas, afrodescendientes y campesinas, lo que supone un reto en la formulación de estrategias de relacionamiento encaminadas a impactar positivamente en la gestión de conflictos que, de no ser tenidos en cuenta por las empresas, pueden ir en detrimento de sus objetivos. Este artículo ofrece una reflexión crítica sobre el concepto de RSE asumida como una herramienta de gestión de conflictos, suponiendo que su alcance debería ir más allá del cumplimiento de las obligaciones legales de la empresa, que debe, entonces, actuar siendo consciente de la asimetría de derechos de las comunidades rurales y de sus consecuencias.
Abstract: Companies are called to reflect on the scope of their actions in the framework of Corporate Social Responsibility (CSR), even more in contexts such as Colombia, where rurality is the scenario of conflicts involving indigenous, Afro-descendent and peasants communities, this represents a challenge to the formulation of relationship strategies aimed at positively impacting the management of conflicts that, if they are not taken into account by companies, may be detrimental to their objectives. This article offers a critical reflection on the concept of CSR understood as a conflict management tool, assuming that its scope should go beyond the fulfillment of the legal obligations of the company, which must act with awareness of the asymmetry of rights of the rural communities and their consequences.
Keywords: Corporate Social Responsibility, companies, rural communities, conflict management, intercultural dialogue.
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Hall, M. Elizabeth Lewis, and Betsy A. Barber. "The Therapist in a Missions Context: Avoiding Dual Role Conflicts." Journal of Psychology and Theology 24, no. 3 (September 1996): 212–19. http://dx.doi.org/10.1177/009164719602400303.
Abstract:
Recent involvement of mental health workers in the task of world missions has led to greater awareness of the ethical challenges faced in this context. The challenge of avoiding dual role conflicts is addressed here. Dual role conflicts occur when the therapist's involvement with the client in a role other than that of therapist jeopardizes the client's well-being by interfering with the therapy or harming the client. The characteristics of the missions context that contribute to dual role conflicts are explored, followed by an examination of the ways in which dual roles can become problematic from a social psychology perspective. It is suggested that problems can occur when expectations between two roles are in conflict, when obligations from two roles are incompatible, or when the power inherent in the therapist role leads to ethical violations. Finally, five suggestions are offered for minimizing the adverse effects of dual roles on the missionary client and on the therapist.
41
Mironov, Vladinir. "Owner’s role in realization of labor rights of employee." Gosudarstvo i pravo, no. 12 (2021): 168. http://dx.doi.org/10.31857/s102694520017463-0.
Abstract:
The article is devoted to the problem of fulfillment of obligations of the employer who depends on the owner. The owner is not a subject of labor law. For these reason he is not responsible for the obligations of the employer to employees. In turn, the employer is not able to fulfill obligations in labor relations without providing the owner with the necessary funds. Emerging in the field of labor relations conflicts often get settled by restriction of the labor rights of the employees. Typical examples in this situation are used in this article. The authors have tried to develop recommendations to attract the owner to fulfill the obligations of the employer in labor relations.
42
Zychlinski, Ester, Sagit Lev, and Maya Kagan. "The Ethical Conflict of Dual Obligations Amongst Social Workers: The Role of Organisational Affiliation and Seniority." British Journal of Social Work 50, no. 6 (July 4, 2020): 1854–70. http://dx.doi.org/10.1093/bjsw/bcaa076.
Abstract:
Abstract The purpose of the current study was to examine the frequency of ethical conflicts amongst social workers, deriving from dual obligations to clients and employers, as associated with their organisational affiliation and professional seniority. The sample included 723 social workers from three organisational sectors in Israel: the government sector, the third sector and the for-profit sector. Two-way analysis of variance (ANOVA) was conducted to examine the main and interaction effects of organisational affiliation and seniority on the frequency of ethical conflicts amongst social workers. Social workers in the for-profit and third sectors experienced a significantly higher frequency of ethical conflicts than those in the government sector. In addition, social workers with moderate seniority were found to experience ethical conflicts more frequently than those with low and high seniority. These findings have an important contribution to the ongoing public debate on the privatisation of social services, by pointing to the difficulties encountered by social workers employed in partially privatised social services in meeting their obligations to clients. Better public monitoring and adequate supervision of social workers are recommended. In addition, it is suggested that partial privatisation processes be reconsidered in the case of vulnerable populations.
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Márquez Reiter, Rosina, and Dániel Z. Kádár. "Sociality and moral conflicts." Pragmatics and Society 13, no. 1 (March 21, 2022): 1–21. http://dx.doi.org/10.1075/ps.19021.mar.
Abstract:
Abstract This paper explores how understandings of sociality influence the way members of two different social groups discursively animate moral conflicts. It examines how moral conflicts are constructed in life-story interviews by Chinese and Latin American migrants as they reflect on patterns of sociation with co-ethnics in London. These interviews typify the kind of conflicts that emerged across a 102 interview database where a discrepancy between expectations of how contextually-situated interpersonal relations are established and how they should unfold are. The transnational setting that we focus on inevitably draws our attention to the importance of the larger relational context where interpersonal relations among migrant co-ethnics are entrenched. In this context, rights and obligations towards one another are often reconfigured to adapt to the circumstances of the new environment. This paper turns the pragmatic lens on transcultural relations.
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HADJIGEORGIOU, Nasia. "Remedying Displacement in Frozen Conflicts: Lessons From the Case of Cyprus." Cambridge Yearbook of European Legal Studies 18 (July 15, 2016): 152–75. http://dx.doi.org/10.1017/cel.2016.6.
Abstract:
AbstractThis article examines the jurisprudence of the European Court of Human Rights, in order to assess the effectiveness of the remedies provided and procedures followed by the Immovable Property Commission (IPC), a mechanism that was established by Turkey in order to remedy displaced Greek Cypriots. It recommends changes for the improvement of the IPC and argues that with their adoption, the Commission could act as a blueprint for the establishment of similar remedying bodies in other frozen conflicts as well. Such institutions are not only important in terms of states’ compliance with their human rights obligations, but can also contribute to the resolution of the underlying conflict itself.
45
Albasoos, Hani, and Musallam Al Maashani. "The private military and security contractors in armed conflicts under international humanitarian law." International Journal of Research in Business and Social Science (2147- 4478) 9, no. 3 (April 30, 2020): 149–56. http://dx.doi.org/10.20525/ijrbs.v9i3.653.
Abstract:
The participation of private and military contractors in armed conflicts is the contemporary phenomenon that concerned policymakers and military strategists, particularly Russian contractors. This phenomenon attracts most politicians to set up initiatives and to draw international guidelines to all concerned parties. The purpose of this research paper is to investigate the condition of Russian private military and security companies (PMSCs) in recent armed conflicts. The research is based on the realism approach, which will help explain Russian state behavior towards PMSCs, while the neoliberalism approach will help to explore this phenomenon from the Russian economic perspective. This research applies inductive, exploratory, and qualitative approaches, which solely based on secondary resources and media contents. The main finding of this research shows that those contractors have obligations under International Humanitarian Law (IHL), but the only limitation is the state’s obligation to endorse them. Besides, it seems that an international treaty between countries could be a practical step towards having a useful regulatory framework.
46
Kremnev, Petr P. "ARMED CONFLICT IN THE SOUTH-EAST OF UKRAINE: LEGAL QUALIFI-CATIONS AND CONSEQUENCES." RUDN Journal of Law 23, no. 3 (December 15, 2019): 394–412. http://dx.doi.org/10.22363/2313-2337-2019-23-3-394-412.
Abstract:
Unconstitutional change of power in Ukraine as a result of the "Maidan revolution" in February 2014, with the subsequent power grab by Ukrainian radicals of local authorities under nationalist slogans, led to the establishment of control over parts of the territory of Donetsk and Lugansk regions by Donbass militias, and then to the ongoing fighting between the armed formations of the latter with units of the regular armed forces of Ukraine. The purpose of this publication is to establish the form of the armed conflict and its legal consequences from the standpoint of current international law, which has not yet found proper legal analysis and coverage in either domestic or foreign (including Ukrainian) legal doctrinе. In official statements and legislative acts of Ukraine, this conflict is declared as a "state of war with Russia", "aggression of Russia", and the Ukrainian doctrine of international law almost unanimously declares the need to apply to the conflict the norms of international humanitarian law and qualifies it as an international armed conflict. In this publication, on the basis of the analysis of existing international legal norms and legal doctrine, the qualification of existing forms of armed conflicts is carried out: war, international armed conflict, non-international armed conflict, internationalized armed conflict. This examines the legal consequences (or otherwise the obligations of the parties to the conflict) that are caused by each form of such armed conflict, that is concealed and ignored by the Ukrainian side. On the basis of the theoretical and legal analysis of the UN Charter, the relevant provisions of the Geneva conventions on the protection of victims of war of 1949 and Additional protocols I and II of 1977, the author qualifies the situation in the South-East of Ukraine as a non-international armed conflict and the obligation to comply with applicable legal norms by all parties to the conflict. At the same time, the author comes to the conclusion about the insolvency of the claims about the applicability of the rules governing other mentioned forms of armed conflicts.
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Sanz-Pastor, Bernardo M. Cremades. "Adapting Disclosure Obligations to the Realities of Modern Third-Party Funding." BCDR International Arbitration Review 6, Issue 1 (June 1, 2019): 5–26. http://dx.doi.org/10.54648/bcdr2021002.
Abstract:
Third-party funding is becoming increasingly commonplace in international arbitration proceedings today. Although traditionally used to fund impecunious parties, modern third-party funding has shifted to financing parties who may have the necessary capital to pursue a dispute but wish to minimize cash flow disruptions.This prevalence of third-party funding in international arbitration is creating unique conflict of interest scenarios regarding an arbitrator’s independence and impartiality. However, many arbitral institutions and rules are not adapted to appropriately regulate the use of third-party funding to preserve the integrity of proceedings. For the most part, arbitral rules do not require a party to disclose the existence of a third-party funding agreement or the identity of the funder.This creates the risk of undisclosed or unknown conflicts arising after an arbitrator is appointed and severely disrupting the proceedings.This article examines how to best mitigate such risks by incorporating a disclosure regime within the current arbitral framework. This article contends that the mandatory disclosure of the existence of a funding arrangement and the identity of the funder would safeguard the requirements of independence and impartiality while allowing modern third-party funding to coexist with international arbitration.
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Usmanov, Yu, and O. Vergeles. "The problem of humanitarian access in armed conflicts." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 461–66. http://dx.doi.org/10.24144/2307-3322.2021.69.76.
Abstract:
Humanitarian access is an essential factor in humanitarian action in situations of armed conflict since it is impossible to provide direct humanitarian assistance without it. Unfortunately, the imposition of prohibitions and barriers to humanitarian aid by the warring parties has become a trend in modern armed conflicts worldwide, particularly in Asia, Africa, Europe, the Middle East, and Latin America.
The right of access to victims of armed conflict is a fundamental element of humanitarian action since it allows humanitarian aid organizations to make independent needs assessments, ensure their effectiveness and monitor the fair distribution of such aid. However, gaining and maintaining access to the population to provide humanitarian assistance is difficult for humanitarian organizations. The provision of such access may be limited by the very fact of armed conflict and the fact that humanitarian access is usually considered ad hoc, so there are often no established methods or rules for granting such access.
Although humanitarian access is not a new issue in international law, there are several challenges today in ensuring and maintaining such access in situations of armed conflict, including the understanding of the term "humanitarian access," the rights and responsibilities of participants in armed conflict, obligations, and restrictions on humanitarian organizations themselves, criteria for granting humanitarian access in various situations, etc.
This article will consider the most common problems in gaining humanitarian access during armed conflicts and suggest possible ways to solve them.
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Sharma, Anup. "The Effect of Family-Work conflict on Job Performance and Satisfaction of Female Employees in Education Sectors." INTERANTIONAL JOURNAL OF SCIENTIFIC RESEARCH IN ENGINEERING AND MANAGEMENT 08, no. 04 (April 11, 2024): 1–5. http://dx.doi.org/10.55041/ijsrem30568.
Abstract:
Several research works have examined the difficulty of balancing job and family obligations. They've used various methods, looked at different timeframes, and explored different fields. Numerous research have established a correlation between work-family conflict and variables such as stress levels, job satisfaction, performance at work, and family life satisfaction. However, none of these studies have explicitly examined the conflict that results when work and family responsibilities collide, particularly in the field of education. This indicates a gap in our knowledge of this field. To better understand how female employees in the education sector perform on the job and are satisfied with their jobs, this study will look at the effects, contributing variables, causes, coping methods, and correlations between these characteristics. The purpose of the proposed study is to fill this gap by examining the connection between family-work and work-family conflict. It will examine the causes of these conflicts, as well as their effects on women's performance in the education sector. The study intends to shed light on a significant but often ignored facet of balancing work and family obligations by concentrating on these areas. Key Words: work-family conflict, female educators, job performance, education sector, Work-life balance
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Ovčina, Amer, Enisa Šljivo, Hadžan Konjo, Vedran Đido, Marijan Marjanović, Emilija Hrapović, Ernela Eminović, and Sadeta Begić. "Conflict situation management in nursing clinical practice." Journal of applied health sciences 9, no. 1 (March 22, 2023): 24–31. http://dx.doi.org/10.24141/1/9/1/3.
Abstract:
Introduction: Conflicts are a social phenomenon and occur in all organizations where people work. So, they are inevitable even among nurses, because the work they do is very responsible and stressful. Conflicts of a personal nature are not uncommon, and they are produced by intimacy in the workplace.Methodology: The study was conducted among 146 nurses employed at the Clinical Center of the University of Sarajevo. The study is descriptive, analytical andcomparative. The original author’s questionnaire created on the basis of professional and scientific literature was used as a study instrument. The goal of thestudyisto determine if the conflict situations in nursing clinical practice are related to the dissatisfaction of nurses with working conditions, lack of motivational techniques, poor communication in the team and superior-subordinate relations.Results: Most respondents state that conflict situations are short-lived and do not affect work. Respondents pointed out that the most commoncauses of conflict are poorcommunicationand personal contempt of colleagues (71 or 48.6%), violations of labor regulations and non-performance of work obligations (68 or 46.6%), differences in education (39 or 26.7%), etc. The most common manner that nurses use to resolve conflicts is to exchange information in order to reach a joint decision, to negotiate and seek compromises.Conclusions: Conflicts are manifested in the form of negative emotions, so in this regard, they can have significant negative consequences, and contribute less toimprovement or have a positive effect on the work environment. Communication conflicts between nurses are detrimental to teamwork - negative confrontation between two sides, often revealing anger, not talking for a longer period, or personally standing out at the expense of the other side.