Academic literature on the topic 'Persons (law)'

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Journal articles on the topic "Persons (law)"

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Lucy, William. "Persons In Law." Oxford Journal of Legal Studies 29, no. 4 (2009): 787–804. http://dx.doi.org/10.1093/ojls/gqp024.

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Markevičius, Edgaras. "Restrictions of Criminal Intelligence Measures in Law Enforcement Directive and Law on Criminal Intelligence of Lithuania." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 3, no. 18 (2020): 81–88. http://dx.doi.org/10.25143/socr.18.2020.3.081-088.

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Increasing use of technologies in the last decades has created an unprecedented opportunity to systematically collect and use a wide variety of data (including personal data) for different purposes. Information and data collected and processed with the help of new technologies is used not only for the purposes of natural and legal persons but also for various other purposes. Intelligence services that ensure prevention of crime must perform their functions to ensure safety of public. When doing so, they use various means and methods of information collection, which help them to reach their goals. However, the means applied undermine and intensively restrict a person’s right to private life. Given that two legal interests compete during the application of criminal intelligence measures, i.e. the individual’s right to privacy and ensuring of public security, the Author seeks to analyse their points of contact – restrictions of application of criminal intelligence measures, which in theory are designed to ensure the person’s right to private life. In this article, the Author analyses the restrictions on the application of criminal intelligence measures, which are present in international, Lithuanian legislation and compares them with relevant requirements set forth in the practice of European Union Court of Justice. Pieaugošā tehnoloģiju izmantošana pēdējās desmitgadēs ir radījusi nepieredzētu iespēju sistemātiski ievākt un izmantot ļoti dažādus datus (ieskaitot personas datus) dažādiem mērķiem. Informācija un dati, kas ievākti un apstrādāti ar jauno tehnoloģiju palīdzību, tiek izmantoti ne tikai fizisko un juridisko personu vajadzībām, bet arī dažādiem citiem mērķiem. Izlūkošanas dienestiem, kas nodrošina noziedzības novēršanu, jāveic savas funkcijas, lai nodrošinātu sabiedrības drošību. To darot, viņi izmanto dažādus informācijas vākšanas līdzekļus un metodes, kas viņiem palīdz sasniegt savus mērķus. Tomēr izmantotie līdzekļi nereti grauj un intensīvi ierobežo personu tiesības uz privāto dzīvi. Tā kā kriminālizlūkošanas pasākumu piemērošanā sacenšas divas likumīgas intereses – personas tiesības uz privātumu un sabiedrības drošības nodrošināšana –, autore cenšas analizēt to saskares punktu – kriminālizlūkošanas pasākumu piemērošanas – ierobežojumus, kas teorētiski ir izstrādāti, lai nodrošinātu personas tiesības uz privāto dzīvi. Šajā rakstā autore ir izvēlējusies analizēt kriminālizlūkošanas pasākumu piemērošanas ierobežojumus: (1) obligāta iepriekšēja kontrole (sankcija) noteiktam kriminālizlūkošanas pasākumam, ko veic tiesa vai neatkarīga administratīva vienība; (2) kriminālizlūkošanas pasākumu ilguma ierobežošana; (3) kriminālizlūkošanas pasākumu samērīgums. Rakstā secināts, ka, kaut arī šie kriminālās izlūkošanas piemērošanas ierobežojumi likuma izpildes direktīvā parasti nepastāv, tie ir ietverti Lietuvas Republikas likumā par kriminālo izlūkošanu. Tomēr ar tiem var viegli manipulēt un tie nenodrošina tiesības uz privātās dzīves efektīvu aizsardzību.
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Sepełowski, Marcin. "A Natural Person’s Capacity to Act in Law: An Overview of Polish Law." osteuropa recht 66, no. 2 (2020): 260–76. http://dx.doi.org/10.5771/0030-6444-2020-2-260.

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The article presents the issue of capacity to act under Polish law and discusses the essence and definition of a natural person’s capacity to act in law. Whereas the article focuses on the different types of capacity to act (no capacity, limited and full capacity and the corresponding conditions, particular emphasis is placed on the legal situation of persons with limited capacity in order to evaluate the age limits of limited capacity in Polish law.
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Smith, Steven D. "PERSONS PURSUING GOODS." Legal Theory 13, no. 3-4 (December 2007): 285–313. http://dx.doi.org/10.1017/s1352325208070110.

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John Finnis's powerfully and deservedly influential modern classic, Natural Law and Natural Rights, expounds a theory of law and morality that is based on a picture of “persons” using practical reason to pursue certain “basic goods.” While devoting much attention to practical reason and to the goods, however, Finnis says little about the nature of personhood. This relative inattention to what “persons” are creates a risk—one that Finnis himself notices—of assuming or importing an inadequate anthropology. This essay suggests that the “new natural law” developed by Finnis suffers in places from the inadvertent adoption of (or, more likely, acquiescence in) a flawed anthropology—an anthropology under the thrall of modern individualistic commitments. To explain this suspicion, this article discusses three difficulties (or so they seem to me) in his natural law theory: difficulties in accounting for the basic good of friendship, for obligations we owe to others, and for legal authority. These difficulties may seem disconnected, but this article suggests that they may all reflect an inadequate anthropology—one that Finnis does not exactly embrace (in fact, I suspect that he would reject it) but that is pervasive today and that in places may affect his theorizing.
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Sarkic, Srdjan. "Natural persons (individuals) and legal persons (entities) in Serbian medieval law." Zbornik radova Vizantoloskog instituta, no. 45 (2008): 223–29. http://dx.doi.org/10.2298/zrvi0845223s.

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In this paper the author is exposing the concept of natural persons (individuals) and legal persons (entities) in Serbian mediaeval law. The terms glava (head, caput, kephal?), or sometimes kapa (cap, hood) are used in Serbian legal sources to designate natural persons (individuals). In Serbian mediaeval law, it was mostly churches and monasteries that had the trait of legal persons (entities). Beside them, towns, villages, counties and districts, had some characteristics of legal persons.
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Nykyforchuk, Dmytro, Ivan Okhrimenko, Dmytro Chemerys, Viacheslav Blikhar, Zoryana Kisil, and Oksana Shevchuk. "Analytical Work on Missing Persons Search: Modern View of the Problem." Cuestiones Políticas 40, no. 73 (July 29, 2022): 550–69. http://dx.doi.org/10.46398/cuestpol.4073.31.

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The article is devoted to the analysis of law enforcement agencies’ activities to search for missing persons. The purpose of the study is to examine the peculiarities of the analytical work of law enforcement agencies on missing person’s search. The methodological bases are general scientific and special scientific methods and techniques of scientific knowledge (systemic, formal-logical, structural-functional, sociological, historical and axiological). It is concluded that the criteria for law enforcement agencies to search for missing persons are the general state of search work, search for certain categories of missing persons, trends and processes that cause missing persons, causes and conditions of missing persons, results of police operations and special operations conduct. It is determined that the consolidation and combination of efforts of different units and services during the search work helps to increase the number of facts of locating missing persons. Attention is paid to the identification of factors influencing the assessment of the search work. The state of the international search missing persons is analyzed. The necessity of using the positive experience of European countries in the outlined activities is substantiated.
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Boniface, A. "Boekbesprekings: T Boezaart: Law of Persons." Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 4 (2021): 872–73. http://dx.doi.org/10.47348/tsar/2021/i4a12.

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Hren, Larysa, Іhоr Khmyrov, and Sergei Karlyuk. "FORCED MIGRATION BY INTERNALLY DISPLACED PERSONS UNDER MARTIAL LAW: THE LEGAL ASPECT." Bulletin of the National Technical University "KhPI". Series: Actual problems of Ukrainian society development, no. 2 (January 29, 2023): 52–56. http://dx.doi.org/10.20998/2227-6890.2022.2.10.

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The article is dedicated to revealing the efficiency of legal documents concerning provision of help to internally displaced persons on the example of work carried out by the Department of social protection of the population in Poltava area. The legal framework of Ukraine is viewed in terms of ensuring rights and freedoms of the internally displaced persons; it is accentuated on an internally displaced person’s obligation to fulfill the duties stipulated by the Constitution and laws of Ukraine; statistical data are supplied as to the number of internally displaced persons in Poltava area and the number of social protection workers whose work is linked with rendering quality social services to vulnerable categories of citizens including internally displaced persons (19 territorial social protection centers and 36 centers for rendering social services ensure servicing of 4.5 thousand internally displaced persons); it is proved that a characteristic feature of the social protection field in Poltava area is the systematic approach, owing to which the Complex program for social protection of the Poltava area population is implemented successfully. The quality implementation of laws and resolutions of the Cabinet of Ministers of Ukraine as to rendering assistance to internally displaced persons in the work of the Department of social protection of the population in Poltava area is highlighted.
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Campbell, Tom D. "Mental Health Law: Institutionalised Discrimination." Australian & New Zealand Journal of Psychiatry 28, no. 4 (December 1994): 554–59. http://dx.doi.org/10.1080/00048679409080778.

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The aim of the paper is to propose that special mental health laws be replaced by generic protection and prevention legislation. The arguments used for the detention and compulsory treatment of persons with mental illnesses are analysed, and found not to justify protection and prevention rules which apply only to persons with mental illnesses. Two separate systems of legal intervention should be established to deal with (1) all persons in need of compulsory care and (2) all persons who require to be detained for the prevention of harm to others.
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Soirila, Ukri. "Persons and Things in International Law and “Law of Humanity”." German Law Journal 18, no. 5 (September 1, 2017): 1163–82. http://dx.doi.org/10.1017/s207183220002229x.

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Drawing from Roberto Esposito's recent work on persons and things, this Article studies recent attempts to rethink international legal personality. Esposito's work resurrects the claim that personhood operates like a mask, splitting the legal and philosophical world into persons and things. International law differs from domestic law in that international legal personality has traditionally been the prerogative of states, not of (rational) individuals. Yet, this has not completely dismantled the persons/things logic, because the exclusive legal personality of states has continuously threatened to reduce individuals into things in the eyes of international law. It is perhaps for this reason that international legal theorists have long sought to extend international legal personality to individuals and other non-state actors. This Article addresses the most recent attempt, namely an attempt to shift international law towards a law of humanity. Without taking a stance on whether this project is a good idea or not, this Article raises some doubts about whether the concept of international legal personality can help in fulfilling the project's aim, namely to help increase human freedom and wellbeing. This is especially relevant because, regardless of whether legal personality is attributed primarily to the state or the individual, we still remain—according to Esposito—within a theoretical framework in which the dispositif of person necessarily excludes some forms of life in protecting or empowering others.
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Dissertations / Theses on the topic "Persons (law)"

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Weiß, Norman. "Stichwort: Menschenhandel — Trafficking in Persons." Universität Potsdam, 2003. http://opus.kobv.de/ubp/volltexte/2011/5524/.

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Reiter, Eric H. "Towards a reintegration of the human being in law." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81231.

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The person has in theory been at the center of the law since Gaius divided the private law into persons, things, and actions. In constructing the person, however, the law takes apart and sets aside the human being, replacing it with a legal abstraction that diverges markedly from it. This gap is partly due to the way the law has been structured conceptually, as a set of bounded categories clearly distinguished from each other. Viewing the person as the result of a series of either/or classificatory decisions privileges the liberal model of the person: a partimonialized, transactionalized bearer of rights. If instead we reconceptualize the persons-things-actions structure of the private law to emphasize the dynamic interactions between the categories, we can bring back into the concept of the person some aspects of the human being---such as personal relationships---that have traditionally been outside legal analysis.
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Richardson, Janice. "Selves, persons, individuals : a feminist critique of the law of obligations." Thesis, University of Warwick, 2002. http://wrap.warwick.ac.uk/51310/.

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This thesis examines some of the contested meanings of what it is to be a self, person and individual. The law of obligations sets the context for this examination. One of the important aspects of contemporary feminist philosophy has been its move beyond highlighting inconsistencies in political and legal theory, in which theoretical frameworks can be shown to rely upon an ambiguous treatment of women. The feminist theorists whose work is considered use these theoretical weaknesses as a point of departure to propose different conceptual frameworks. I start by analysing contemporary work on the self from within both philosophy of science and feminist metaphysics to draw out common approaches from these diverse positions. These themes are then discussed in the context of the law. I then critically examine the concept of legal personhood in the work of Drucilla Cornell and her proposals for the amendment of tort law. This is juxtaposed with an analysis of the practical operation of tort law by adapting François Ewald's work on risk and insurance to English law. I concentrate on women's ambiguous position with regard to both risk and to the image of the individual that is the subject of Ewald's critique. This is followed by an examination of the changing position of women with regard to 'possessive individualism', 'self-ownership' or 'property in the person' in relation to contract law and social contract theory. There are a number of different social contracts discussed in the thesis: Cornell's reworking of John Rawls and the stories of Thomas Hobbes and of Carole Pateman. The final 'social contract' to be discussed is that of 'new contractualism', the employment of contract as a technique of government. I argue that Pateman's critique of possessive individualism continues to be relevant at a time when the breadwinner/housewife model has broken down.
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Bakhsh, Faiz. "Humanitarian law in an Islamic context : internally displaced persons in Pakistan." Thesis, Anglia Ruskin University, 2018. http://arro.anglia.ac.uk/703777/.

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The headcount of IDPs in the world is currently 40 million, and armed conflict in Pakistan has resulted in repeated displacements for a decade, with an estimated 1.4 million IDPs needing protection from the national government, within an Islamic social and cultural context. This research explores the protection of internally displaced persons (IDPs) under International Humanitarian Law (IHL) in an Islamic context, with a case study of IDPs in Pakistan. This research applies a mixed method approach combining legal interpretation and application of the international legal framework applicable to IDPs and the relevance of Islamic Law in the context of the domestic legal structure of Pakistan. An empirical/socio-legal case study of IDPs in Pakistan uses qualitative field interviews to investigate the implementation of the legal framework applicable to IDPs. This research analyses the applicability of IHL in the presence of Sharia Laws in the domestic legal structure of Pakistan, especially on IDPs affected by non-international armed conflict. It has found a poor domestic legal framework, and poor implementation of IHL, leading to inadequate protection to IDPs. Sharia Law in the legal structure of Pakistan does not hinder IHL from providing protection to IDPs. The government of Pakistan should do more to ensure the applicability of IDPs legal framework, especially the implementation of the rules of IHL, but this is hindered by continuing armed conflict and a lack of review mechanism for the current status and number of IDPs.
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Bakhsh, Faiz. "Humanitarian law in an Islamic context: Internally displaced persons in Pakistan." Thesis, Anglia Ruskin University, 2018. https://arro.anglia.ac.uk/id/eprint/703777/1/Bakhsh_2018.pdf.

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The headcount of IDPs in the world is currently 40 million, and armed conflict in Pakistan has resulted in repeated displacements for a decade, with an estimated 1.4 million IDPs needing protection from the national government, within an Islamic social and cultural context. This research explores the protection of internally displaced persons (IDPs) under International Humanitarian Law (IHL) in an Islamic context, with a case study of IDPs in Pakistan. This research applies a mixed method approach combining legal interpretation and application of the international legal framework applicable to IDPs and the relevance of Islamic Law in the context of the domestic legal structure of Pakistan. An empirical/socio-legal case study of IDPs in Pakistan uses qualitative field interviews to investigate the implementation of the legal framework applicable to IDPs. This research analyses the applicability of IHL in the presence of Sharia Laws in the domestic legal structure of Pakistan, especially on IDPs affected by non-international armed conflict. It has found a poor domestic legal framework, and poor implementation of IHL, leading to inadequate protection to IDPs. Sharia Law in the legal structure of Pakistan does not hinder IHL from providing protection to IDPs. The government of Pakistan should do more to ensure the applicability of IDPs legal framework, especially the implementation of the rules of IHL, but this is hindered by continuing armed conflict and a lack of review mechanism for the current status and number of IDPs.
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Lutter, Andrea Elizabeth. "The Impact of Rosa's Law on Describing Persons with Intellectual Disability." Case Western Reserve University School of Graduate Studies / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=case1398193968.

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Sikka, Annuradha. "Trafficking in Persons in Canada: Looking for a "Victim"." Thesis, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/31786.

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This dissertation looks at the concept of “trafficking in persons” and how it has been created, interpreted and utilized in the international sphere and in Canada. Using the approach of Critical Legal Pluralism (CLP), it examines the legal regulation of trafficking as being created through a bi-directional constitutive process, with paradigmatic conceptions of trafficking having a hand in creating regulation as well as being influenced by it. Through a review of data retrieved using a variety of qualitative methods as well as classic legal analysis, this dissertation explores the operation of various social actors and their effect on the determination of what trafficking is, and who is worthy of protection from it. In Part One the international framework is outlined through a discussion of the creation of the dominant paradigm of trafficking and implementations of it. Chapter One traces the history of the anti-trafficking movement by looking at the development of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, and by examining the creation of dominant discourses around trafficking. Chapter 2 uses CLP to examine the influences of a variety of actors on the creation of these discourses and the repercussions the discourses have had on the implementation of anti-trafficking policies. Part Two then turns to the Canadian context. In Chapter Three, classical legal methodologies are employed to discuss Canada’s obligations under international law with respect to trafficking, as well as the creation of definitions of trafficking in the Canadian legal regulatory context. Chapter Four then reviews data from Canada to discuss the ways in which various actors have been involved in the creation and operation of the dominant paradigm and how it in turn affects the operation of trafficking-related legal constructs. Ultimately, it is found that due to the influence of the dominant paradigm and the motivations that aid in its operation, programs and policies framed under the rubric of “trafficking” necessarily fail to achieve meaningful redress for the groups they purport to benefit. On this basis, an alternative approach is suggested to address phenomena currently being dealt with through anti-trafficking frameworks. A move is suggested away from a focus on “trafficking” to a sectoral approach, accounting for the complexities and histories of individuals subject to exploitative circumstances.
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Zwane, Muziwakhe Simphiwe. "Affected persons in business rescue proceedings : has a balance been struck?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15175.

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The Companies Act of 2008 (the Act) has revolutionised the corporate law landscape in South Africa. The Act has been drafted with the specific intention of promoting access to the economy and of ensuring that cumbersome and costly procedures are (to a large extent) a thing of the past. These objects are a necessity when striving to ensure that South Africa's alarming inequality is abated. One of the central features of the 2008 Act is the introduction of business rescue, a procedure which represents a blatant attempt at striving to preserve ailing companies. The Act states that one of the main objects with regards to business rescue is ensuring that the procedure balances the competing interests involved. The purpose of this thesis therefore is to consider to what extent the 2008 Act has been able to achieve this. This will be done by analysing the rights given to employees, shareholders and creditors. This thesis will argue that though the procedure is a step in the right direction, it has failed to strike a proper balance by overly empowering employees and conversely leaving shareholders somewhat impotent. This thesis will also argue that some of the mechanisms employed, though they may be admirable in what they strive to achieve, leave far too much doubt as to their practicality. The overall conclusion reached is that a major overhaul is not required in order to rid this much needed procedure of its flaws.
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Manzini, Portia Welile Noxolo. "The critical role of affected persons in successfully rescuing the company." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27490.

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The purpose of the minor dissertation is to explore the effectiveness of the rights that are provided to affected persons of a company that is under business rescue, and how these rights can be used by the affected persons to ensure that the company is rescue in terms of section 128 (1)(b)(iii) of the Companies Act No.71 of 2008 ("the Companies Act"). Affected persons derive their rights to be involved in the business rescue proceedings from the Companies Act. However, some of the rights provided to the affected persons afford them with protection, arguably, to such an extent that it can be detrimental to the financial status of a company in business rescue As a result, some affected persons end up suffering irreparable financial loss because of the language of the provisions in the Act. In other instances, the Act gives too much protection to affected persons, such as the employees of the company to the detriment of the company. The minor dissertation explores the manner in which an equilibrium can be reached between the protection afforded by the rights given to the affected persons for their benefit in the company while simultaneously using those rights to ensure that the objectives of business rescue are upheld at all times. Research problem: The minor dissertation examines the importance of the rights that are provided to affected persons in business rescue and how these rights can be used by the affected persons to ensure that both the debtor-company and the relevant stakeholders are able to survive the proceedings. It appears from the provisions of Chapter 6 of the Companies Act that although there are three categories of people that are mentioned under the definition of affected persons, there are in fact more people who are negatively affected by the conduct of the company under business rescue. The additional person that is negatively affected in this regard is the surety who has stood to make repayment of the debts of the company should it fail to do so when called up by the creditors. The question of the minor research then turns on whether the current definition of 'affected persons' as mentioned in section 128 of the Companies Act should be expanded to include sureties, and whether the rights of the current affected persons should be amended Must the term 'affected persons' be amended so as to ensure that the persons who are financially linked to the company are included in the business rescue proceedings? This question will be answered by examining the role that current affected persons play in a company that is under business rescue proceedings. The minor dissertation will further examine the extent to which the rights of the affected persons assist or hinder the progress of a company undergoing business rescue proceedings. The need to examine the effectiveness of the rights of the affected person arises as a result of the judicial interpretation of section 154, wherein courts held different views regarding the position of persons who have stood as sureties for the companies that have subsequently been placed under business rescue. The idea to criticise the statutory definition of affected persons came as a result of the conflicting judgments regarding the interpretation of section 154 of the Act which is the provision that has been interpreted by the Supreme Court of Appeal to exclude the sureties from receiving a benefit of the discharge of claims of creditors as concluded between the debtor-company and its creditors. The rights that are provided for the affected persons are critical in ensuring that the business rescue process is managed successfully and that the interests of the relevant stakeholders are considered fully. And the provisions relating to these affected persons should be interpreted in accordance with the rules of interpretation so as to avoid giving legislation meaningless interpretation. Research aim: The aim of the research project is to attempt to criticise and analyse the approaches that has been adopted by the courts in interpreting the rights of the affected persons and their relationship with the company under business rescue proceedings. The research will also provide some suitable alternatives that can be adopted into chapter 6 of the Act so as to curb the harshness currently set by the precedent of our courts when it comes to the company and its relationship with the affected persons. It is argued that the current interpretation of section 154 fails to acknowledge that where the debtor and the creditor agree to discharge a part of the claim of the creditor, the effect of that discharge is that it changes the initial agreement between the creditor and debtor, and the suretyship which is ancillary to that debt should also be reduced in accordance thereof. The interpretation of section 154 has relied upon the wording of the section wherein it provides for the discharge to be conducted in accordance with a business rescue plan has been approved by the relevant stakeholders.
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Chamblee, Anna Marie McKendry. "Public juridic persons and statutes the application of Canon 117 to parishes /." Theological Research Exchange Network (TREN), 2006. http://www.tren.com/search.cfm?p029-0652.

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Books on the topic "Persons (law)"

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Pineda, Ernesto L. Persons. Quezon City, Philippines: Central Professional Books, 1997.

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Pineda, Ernesto L. Persons. 2nd ed. Quezon City, Philippines: Central Professional Books, 2004.

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Greshnikov, Igorʹ Petrovich. Subʺekty prava: Persons of law. Almaty: I︠U︡rid. t︠s︡entr "IUS", 2001.

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S, Sta Maria Melencio, Philippines, and Philippines, eds. Persons and family relations law. 3rd ed. Manila, Philippines: Published & distributed by Rex Book Store, 1999.

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American Bar Association. Commission on Sexual Orientation and Gender Identity, ed. Transgender persons and the law. 2nd ed. Chicago, Illinois: American Bar Association, Commission on Sexual Orientation and Gender Identity, 2015.

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S, Sta Maria Melencio. Persons and family relations law. 5th ed. Manila, Philippines: Published & distributed by Rex Book Store, 2010.

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Transgender persons and the law. Chicago, Illinois: American Bar Association, 2013.

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Persons and property in private law. Concord, ON: Captus Press, 2013.

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Barratt, Amanda, and Wesahl Domingo. Law of persons and the family. Cape Town: Pearson Education South Africa, 2012.

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J, Heaton, ed. The South African law of persons. 3rd ed. Durban: LexisNexis, 2008.

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Book chapters on the topic "Persons (law)"

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Miles, John G., David B. Richardson, Anthony E. Scudellari, and Robert E. Wilhelm. "Disabled Persons." In The Law Officer's Pocket Manual, 10_1–10_4. New York: Routledge, 2021. http://dx.doi.org/10.4324/9781003271567-10.

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Mousourakis, George. "The Law of Persons." In Fundamentals of Roman Private Law, 85–118. Berlin, Heidelberg: Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-29311-5_2.

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Grear, Anna. "Law, Persons and Disembodiment." In Redirecting Human Rights, 40–67. London: Palgrave Macmillan UK, 2010. http://dx.doi.org/10.1057/9780230274631_4.

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Rijken, Conny. "Transnational Crime and International Criminal Law." In Trafficking in Persons, 19–52. The Hague: T.M.C. Asser Press, 2003. http://dx.doi.org/10.1007/978-90-6704-583-4_2.

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Miles, John G., David B. Richardson, and Anthony E. Scudellari. "Disabled Persons." In The Law Officer’s Pocket Manual, 2023 Edition, 10:1–10:5. New York: Routledge, 2022. http://dx.doi.org/10.4324/9781003372561-10.

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Pollock, Joycelyn M. "Offenses Against Persons: Sex-Related." In Criminal Law, 168–202. Twelfth edition. | New York, NY; Milton Park, Abingdon, Oxon : Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9781003029984-6.

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Pollock, Joycelyn M. "Offenses Against Persons: Sex-Related." In Criminal Law, 502–15. Twelfth edition. | New York, NY; Milton Park, Abingdon, Oxon : Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9781003029984-case6.

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Ripstein, Arthur. "Reasonable Persons in Private Law." In Reasonableness and Law, 253–81. Dordrecht: Springer Netherlands, 2009. http://dx.doi.org/10.1007/978-1-4020-8500-0_12.

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Grant, Patrick. "William Law." In Spiritual Discourse and the Meaning of Persons, 114–33. London: Palgrave Macmillan UK, 1994. http://dx.doi.org/10.1007/978-1-349-23297-0_6.

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Davies, Karen. "Free movement of persons." In Understanding European Union Law, 155–84. Seventh edition. | Abingdon, Oxon; New York, NY: Routledge, [2019]: Routledge, 2019. http://dx.doi.org/10.4324/9780429030048-9.

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Conference papers on the topic "Persons (law)"

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Grigor'ev, YA E., and K. A. SHumova. "Problems of proving and preventing fictitious legal bankruptcy of persons." In Scientific Trends: Law. ЦНК МОАН, 2019. http://dx.doi.org/10.18411/spc-20-05-2019-07.

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Fedorov, Roman. "TO THE ISSUE OF CLASSIFICATION OF PERSONS PARTICIPATING IN THE ARBITRATION PROCESS." In Law and law: problems of theory and practice. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/159-170.

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The article is devoted to the classification of subjects of arbitration process. Author analyses several traditional approaches to the structure of arbitration procedural legal relations and examine one of its basic elements — the participants of the legal relationship. The author notes that the range of subjects of the arbitration process is unstable and changes depending on the stage of the process, as well as on the nature of the procedural actions performed, and the circumstances of the case under consideration. Special attention is paid to the role and legal status of the court as the main subject in the arbitration process.
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Kurbatova, Svetlana M., and Lev V. Bertovsky. "Protecting the Rights of Persons With Disabilities as a Constitutional Value." In XIV European-Asian Congress "The value of law" (EAC-LAW 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201205.031.

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Di Martino, Gaetano. "Protection of Incapacitated Persons: Evolution of Law and Fundamental Rights." In The 7th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia, 2020. http://dx.doi.org/10.22364/iscflul.7.2.29.

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Нalan, V. O. "FREE MOVEMENT OF PERSONS, IRELAND AND BREXIT." In LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT PRACTICE: REGULARITIES AND DEVELOPMENT TRENDS. Baltija Publishing, 2020. http://dx.doi.org/10.30525/978-9934-588-92-1-94.

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Vujisić, Dragan. "POTROŠAČ (I) KAO KORISNIK USLUGA U PRAKSI EVROPSKOG SUDA PRAVDE." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.795v.

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Consumer as a term in the in law of EU is not regulated in one place. It can be found in the most different places in the primary law of EU, in the secondary law of EU, as well as within the legal regulations of collision law of EU. From the view point of the secondary law,primarily, it is possible to claim that there is mainly formulated unique term of consumer in the law of EU. In the harmonization of the term of consumer the essential role was played by the judicial practice of the European Court of Justice. The subject and questions addressed to this Court were, among others whether the consumers status have also small non-profit legal persons, whether in application of regulations concerning consumers protection, in addition to objective criteria are also used subjective ones like knowledge, skill, information possessed by the physical person, whether the legal protection is available also to the persons concluding a consumer agreement with double purpose (within and outside a professional activity), whetter the consumers protection is privided also for the persons represented in the case by a lawyer, whether this protection is also provided for the communities of physical persons who do not possess the capacity of legal person, and others.
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Noor, Nor Azlina Mohd. "Presumption Of Death Law In Malaysia: The Case Of Missing Persons." In ILC 2017 - 9th UUM International Legal Conference. Cognitive-Crcs, 2018. http://dx.doi.org/10.15405/epsbs.2018.12.03.84.

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Mihók, Peter. "ELECTRONIC MONITORING OF OFFENDERS AND ACCUSED PERSONS IN SLOVAKIA IN THE INTERNATIONAL AND EUROPEAN CONTEXT." In 2nd Law & Political Science Conference, Prague. International Institute of Social and Economic Sciences, 2018. http://dx.doi.org/10.20472/lpc.2018.002.008.

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Plotnic, Olesea. "INTERACTION BETWEEN CONSUMER LAW AND COMPETITION LAW IN PANDEMIC TIMES." In International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times): Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18835.

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If in the case of consumer law, as protected persons are the consumers, then in the case of competition law, the protected entities are the competitors. A combination of actions in competition law presupposes that the same commercial offer satisfies several individual interests of consumers. In the strictest sense, such a combination implies the same legal fact, simultaneously opening up more possibilities for the consumer to choose due to loyal offers from a professional, if he is monopolistic or dominant in the market. More broadly, it can also be accepted that offers can be combined from several competing professionals relating to the same product or service and concerning the same individual interest of a consumer. The possible complementary effects of common law, which would justify the non-limitation of a specific piece of legislation, can never lead to a new monopoly. In some cases this will make competition law more effective and, in other cases, provide marginal and non-exclusive protection to consumers who do not have a direct right guaranteed by competition law. The purpose of this article is to demonstrate the interdependent relationship between competition law and consumer law, from the perspective that both have the same common goal, namely to limit abuses by professionals in their economic activity, especially during pandemic times.
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Al-Zoubi, Muath. "ISLAMIC CRIMINAL LAW AS AN EFFECTIVE TOOL IN ADDRESSING TRAFFICKING IN PERSONS." In 40th International Academic Conference, Stockholm. International Institute of Social and Economic Sciences, 2018. http://dx.doi.org/10.20472/iac.2018.040.002.

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Reports on the topic "Persons (law)"

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Ovcharov, A. V. On criminal law approaches to the assessment of «friendly fire». DOI CODE, 2021. http://dx.doi.org/10.18411/2074-1944-2021-0165.

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The article is devoted to the consideration of the phenomenon of «friendly fire» in modern military conflicts and the development of general criminal-legal approaches to its assessment. The article analyzes the causes of «friendly fire», discusses its types and provides the most famous cases of «fire on their own» in military history. Еhe article contains recommendations for determining the guilt of persons who committed cases of «friendly fire» and compares the phenomenon under consideration with the criminal-legal category of extreme necessity
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Lewis, Dustin. Three Pathways to Secure Greater Respect for International Law concerning War Algorithms. Harvard Law School Program on International Law and Armed Conflict, 2020. http://dx.doi.org/10.54813/wwxn5790.

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Existing and emerging applications of artificial intelligence in armed conflicts and other systems reliant upon war algorithms and data span diverse areas. Natural persons may increasingly depend upon these technologies in decisions and activities related to killing combatants, destroying enemy installations, detaining adversaries, protecting civilians, undertaking missions at sea, conferring legal advice, and configuring logistics. In intergovernmental debates on autonomous weapons, a normative impasse appears to have emerged. Some countries assert that existing law suffices, while several others call for new rules. Meanwhile, the vast majority of efforts by States to address relevant systems focus by and large on weapons, means, and methods of warfare. Partly as a result, the broad spectrum of other far-reaching applications is rarely brought into view. One normatively grounded way to help identify and address relevant issues is to elaborate pathways that States, international organizations, non-state parties to armed conflict, and others may pursue to help secure greater respect for international law. In this commentary, I elaborate on three such pathways: forming and publicly expressing positions on key legal issues, taking measures relative to their own conduct, and taking steps relative to the behavior of others. None of these pathways is sufficient in itself, and there are no doubt many others that ought to be pursued. But each of the identified tracks is arguably necessary to ensure that international law is — or becomes — fit for purpose. By forming and publicly expressing positions on relevant legal issues, international actors may help clarify existing legal parameters, pinpoint salient enduring and emerging issues, and detect areas of convergence and divergence. Elaborating legal views may also help foster greater trust among current and potential adversaries. To be sure, in recent years, States have already fashioned hundreds of statements on autonomous weapons. Yet positions on other application areas are much more difficult to find. Further, forming and publicly expressing views on legal issues that span thematic and functional areas arguably may help States and others overcome the current normative stalemate on autonomous weapons. Doing so may also help identify — and allocate due attention and resources to — additional salient thematic and functional areas. Therefore, I raise a handful of cross-domain issues for consideration. These issues touch on things like exercising human agency, reposing legally mandated evaluative decisions in natural persons, and committing to engage only in scrutable conduct. International actors may also take measures relative to their own conduct. To help illustrate this pathway, I outline several such existing measures. In doing so, I invite readers to inventory and peruse these types of steps in order to assess whether the nature or character of increasingly complex socio-technical systems reliant upon war algorithms and data may warrant revitalized commitments or adjustments to existing measures — or, perhaps, development of new ones. I outline things like enacting legislation necessary to prosecute alleged perpetrators of grave breaches, making legal advisers available to the armed forces, and taking steps to prevent abuses of the emblem. Finally, international actors may take measures relative to the conduct of others. To help illustrate this pathway, I outline some of the existing steps that other States, international organizations, and non-state parties may take to help secure respect for the law by those undertaking the conduct. These measures may include things like addressing matters of legal compliance by exerting diplomatic pressure, resorting to penal sanctions to repress violations, conditioning or refusing arms transfers, and monitoring the fate of transferred detainees. Concerning military partnerships in particular, I highlight steps such as conditioning joint operations on a partner’s compliance with the law, planning operations jointly in order to prevent violations, and opting out of specific operations if there is an expectation that the operations would violate applicable law. Some themes and commitments cut across these three pathways. Arguably, respect for the law turns in no small part on whether natural persons can and will foresee, understand, administer, and trace the components, behaviors, and effects of relevant systems. It may be advisable, moreover, to institute ongoing cross-disciplinary education and training as well as the provision of sufficient technical facilities for all relevant actors, from commanders to legal advisers to prosecutors to judges. Further, it may be prudent to establish ongoing monitoring of others’ technical capabilities. Finally, it may be warranted for relevant international actors to pledge to engage, and to call upon others to engage, only in armed-conflict-related conduct that is sufficiently attributable, discernable, and scrutable.
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LEONOV, T. M., V. M. BOLSHAKOVA, and P. YU NAUMOV. THEORETICAL AND LEGAL ASPECTS OF PROVIDING MEDICAL ASSISTANCE TO EMPLOYEES OF THE MILITARY PROSECUTOR’S OFFICE. Science and Innovation Center Publishing House, 2021. http://dx.doi.org/10.12731/2576-9634-2021-5-4-12.

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The work is devoted to a comprehensive study of medical support, incl. sanatorium-resort treatment of employees of the military prosecutor’s office and members of their families (persons who are dependent on them). It is noted that health care is structurally included in services that, in addition to cash payments and benefits in kind, represent the entire social security system. The main attention in the article is focused on the analysis of the normative legal regulation of the health protection of employees of the military prosecutor’s office, as well as the provision of medical assistance to them (prophylactic medical examination, medical examination, military medical examination, medical and psychological rehabilitation, sanatorium treatment, reimbursement of expenses for drugs and treatment) of proper quality and in the required volume. The key scientific results of the study are the generalization of legal information and scientific knowledge about the procedure for providing medical assistance to employees of the military prosecutor’s office. The main scientific results of the article can be applied to organize training in the discipline «Military law and military legislation». The article will be of interest to persons conducting scientific research on the problems of social protection of servicemen and their families.
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Lewis, Dustin, and Naz Modirzadeh. Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities: Elements of an Analytical Framework for States Grounded in Respect for International Law. Harvard Law School Program on International Law and Armed Conflict, May 2021. http://dx.doi.org/10.54813/qbot8406.

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For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.
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White, Michelle. Corporate and Personal Bankruptcy Law. Cambridge, MA: National Bureau of Economic Research, July 2011. http://dx.doi.org/10.3386/w17237.

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Bregaglio Lazarte, Renata. Marco legal de los derechos de las personas con discapacidad: América Latina y el Caribe. Inter-American Development Bank, December 2021. http://dx.doi.org/10.18235/0003816.

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El documento presenta un análisis sobre el marco legal y la regulación de los derechos de las personas con discapacidad en términos de salud, educación, trabajo, autonomía personal y financiera, participación política, y cultura y deporte en América Latina y el Caribe.
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Ruiz Guevara, Sandra Milena, and Lizeth Paola Romero Muñeton. Legislación de trata de personas. Ediciones Universidad Cooperativa de Colombia, December 2022. http://dx.doi.org/10.16925/gclc.30.

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La trata de personas es un problema tanto del ámbito nacional como internacional. Frente a este delito, cada país ha adoptado medidas para su prevención, sanción y erradicación, mediante formación y sensibilización, con el fin de identificar las posibles víctimas. En Colombia, se ha establecido una legislación amplia con el fin de erradicar el delito de trata de personas, un fenómeno del que se ha podido establecer que en su mayoría las víctimas son mujeres, niños, niñas y adolescentes. De ese modo, en este documento se pretende determinar la normatividad vigente en Colombia y Latinoamérica frente a la protección a las víctimas de este delito, así como las sanciones impuestas a las personas que incurren en el delito.
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Bandeira, Mariana Alves, Talita dos Santos Rosa, Paula Cristina Nogueira, and Vera Lúcia Conceição de Gouveia Santos. Cuidados de las personas afectadas por la Neuroartropatía de Charcot. Associação Brasileira de Estomaterapia, 2021. http://dx.doi.org/10.30886/manualcuidadosnc_enf_esp.

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Oliveira, Déborah, Santiago León-Moncada, and Francisco Terra. El uso de Baremos de Valoración de la Funcionalidad y de la Dependencia de cuidados en personas mayores: Prácticas, avances y direcciones futuras. Inter-American Development Bank, June 2022. http://dx.doi.org/10.18235/0004280.

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El aumento creciente en el número de personas mayores y en la prevalencia de enfermedades crónicas a nivel mundial ha determinado un cambio en el enfoque de los sistemas de atención, de cura y tratamiento de enfermedades, hacia un mayor enfoque en la gestión de las condiciones de salud. Este cambio busca promover la calidad de vida de las personas mayores a través de la mejora en la funcionalidad, aunque en el contexto de una o múltiples condiciones de salud. Esto ha generado algunos desafíos prácticos y metodológicos con respecto a las mejores formas de conceptualizar, evaluar y gestionar (mantener, restaurar u optimizar) la funcionalidad y la necesidad de cuidados con el fin de brindar servicios y apoyos adecuados y oportunos a las personas mayores en situación de dependencia temporal o permanente de cuidados. En América Latina y en algunos países europeos se ha adoptado el uso de baremos para la evaluación de la funcionalidad y las necesidades de ayuda para realizar las tareas de la vida diaria, incluyendo a población con, o en riesgo de, deterioro funcional. Esta evaluación puede ser usada para informar tanto las decisiones gubernamentales sobre la oferta de servicios de atención de largo plazo a nivel agregado, como la oferta de servicios a cada persona. Sin embargo, la implementación de baremos en la región es muy reciente y resta mucho por conocer acerca de su capacidad para evaluar y clasificar las especificidades relacionadas a la funcionalidad de las personas mayores, así como para direccionar con efectividad la oferta de servicios de cuidados a esta población. El objetivo de esta nota técnica es brindar una visión general sobre el estado actual del desarrollo y aplicación de baremos en América Latina y en países europeos buscando proporcionar a los gobiernos elementos para desarrollar o mejorar sus sistemas de evaluación de funcionalidad y necesidad de cuidados entre las personas mayores, y con ello avanzar en el desarrollo de sus sistemas de cuidados de larga duración a esta población
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Eastman, Brittany. Legal Issues Facing Automated Vehicles, Facial Recognition, and Privacy Rights. SAE International, July 2022. http://dx.doi.org/10.4271/epr2022016.

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Facial recognition software (FRS) is a form of biometric security that detects a face, analyzes it, converts it to data, and then matches it with images in a database. This technology is currently being used in vehicles for safety and convenience features, such as detecting driver fatigue, ensuring ride share drivers are wearing a face covering, or unlocking the vehicle. Public transportation hubs can also use FRS to identify missing persons, intercept domestic terrorism, deter theft, and achieve other security initiatives. However, biometric data is sensitive and there are numerous remaining questions about how to implement and regulate FRS in a way that maximizes its safety and security potential while simultaneously ensuring individual’s right to privacy, data security, and technology-based equality. Legal Issues Facing Automated Vehicles, Facial Recognition, and Individual Rights seeks to highlight the benefits of using FRS in public and private transportation technology and addresses some of the legitimate concerns regarding its use by private corporations and government entities, including law enforcement, in public transportation hubs and traffic stops. Constitutional questions, including First, Forth, and Ninth Amendment issues, also remain unanswered. FRS is now a permanent part of transportation technology and society; with meaningful legislation and conscious engineering, it can make future transportation safer and more convenient.
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