Academic literature on the topic 'Preventive justice'

This essay is a response to an article by Paul Robinson, Joshua Barton, and Matthew Lister in this issue of New Criminal Law Review that criticizes an article I authored with Lauren Brinkley-Rubinstein entitled Putting Desert in Its Place, which was itself an analysis of several works published by Robinson and various coauthors making the case for “empirical desert.” Robinson’s suggestion that utility can be optimized by a focus on desert as it is viewed by the average citizen opens up a new line of inquiry that could lead to a better appreciation of the influence desert should have on the criminal law. Where we disagree is how much utility a system founded on empirical desert is likely to have. Robinson appears to hold that failing to subscribe to empirical desert in most cases will result in noticeable disutility, whereas I am inclined to believe, consistent with the studies in Putting Desert in Its Place, that only significant, continuous and highly publicized departures from lay views will occasion the loss of compliance and cooperation that Robinson describes. This article also defends the punishment scheme that I have called “preventive justice” against some of the claims made by Robinson, Barton, and Lister.

The author analyzes the preventive measures that are applied to minors sentenced to punishments without isolation from society, shows their importance in achieving the goals of correcting convicted persons and preventing the commission of new crimes. The preventive part of the activity of specialized courts for minors is considered. The forms and methods of preventive work carried out by criminal executive inspectorates with minors sentenced to punishments not related to imprisonment are investigated, each of the measures is checked for compliance with international standards for the prevention of general crime and the prevention of juvenile delinquency. Conclusions are drawn about the effectiveness of each of the measures, the feasibility of their application in practice on the basis of a comprehensive analysis of these measures. It is argued that the effectiveness of these measures is determined through the inclusion of preventive measures in the system, because all these measures should always be applied in an integrated manner. Special attention is paid to the practice of juvenile courts in the Russian Federation. In these courts, judges are specially trained to work with minors and are well aware of the peculiarities of their behavior, including unlawful behavior, and administer justice. It is noted that the activities of juvenile courts have a positive effect on the organization of preventive work in this area. It is argued that the system of measures of criminal law and penal enforcement should not be perceived as the main one, because preventive work should be carried out with such minors who have not committed a crime, as well as with those adolescents who have already served their sentences. Keywords: prevention, juvenile convicts, punishment without isolation from society, juvenile justice.

Recent criminal law reforms in China show a noticeable preventive character by criminalizing preparatory activities, lowering conviction threshold and imposing crime prevention obligation on legal persons, especially internet service providers. Timely preventive penalization is necessary because it responds to requirement of modern society to prevent invisible yet destructive risks in almost every corner of industrial activities. Meanwhile, preventive penalization puts criminal law and citizens in danger too, because punishing formally unlawful conducts that cause no harm to society leads to not only injustice in criminal justice but also ineffective allocation of precious resources. Chinese legislation gives enough space and choices to judiciary to prevent adverse impact of preventive penalization in practice. Unfortunately, the absence of a common recognition of its obligation and collective action shows that there is still a long way to go before establishment of a check and balance mechanism between seemingly unstoppable preventive penalization and criminal justice.

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In response to the 9/11 attacks and continuing threats of mass-casualty terrorism, the United States has adopted a new security strategy that emphasizes anticipatory actions including preventive war. Prevention, undertaken in the absence of an act of aggression or an imminent threat, is prohibited by modern conceptions of just war and international law. Many critics of the strategy fear that any legitimization of preventive war would endanger international stability. But an examination of the relevant ethical issues from the perspective of just war doctrine reveals contradictions within a blanket prohibition of preventive war. Preventive "strategic interventions" against illiberal regimes-states that correlate with the threats of terrorism and weapons of mass destruction-parallel humanitarian interventions in that they have an ethical basis in the relationship between human rights and the right of state sovereignty. A widely-accepted minimum standard of human rights, incorporated into new international institutions and/or an explicit revision of the definition of just war, could serve as an ethical boundary for both preventive wars and humanitarian interventions. The formal qualification of prevention and its merger with humanitarian goals could bring enhanced international legitimacy and support to preventive actions by the United States and its allies.
Lieutenant Commander, United States Navy

This Senior Thesis in Environmental Analysis seeks to explore the ways in which certain food-oriented programs for incarcerated women and women on parole critically resist the Prison Industrial Complex and the Industrial Food System by securing social and ecological equity through the acquisition of food justice. It focuses on three case studies: the Crossroads’ Meatless Mondays program, Fallen Fruit from Rising Women: A Crossroads Social Enterprise, and Cultivating Dreams Prison Garden Project: An Organic Garden for Women in Prison. Each project utilizes food as a tool to build community, provide valuable skill sets of cooking and gardening, and educate women about the social, environmental and political implications of the Industrial Food System. Overall, the goal of this thesis is to prove the necessity of food justice programs in the criminal justice system in counteracting the disenfranchisement of certain populations that are continuously discriminated against in the industrialized systems of prison and food.

The main argument of this thesis is that the penitentiary crisis in Venezuela is brought about an inept criminal justice system whose functioning (or lack thereof) further exacerbates overcrowding in penitentiary facilities as well as violates the most basic human rights. More elaborately, I argue that the unintentional (mis)use of pre-trial preventive detention, one of the consequences of the inept criminal justice system, further exacerbates the overcrowding in prisons and creates serious human rights implications. The purpose of this study is to establish a connection between the penitentiary crisis in Venezuela, with a focus on pre-trial preventive detention, and the larger criminal justice system failure in the country. The data source and data gathering technique for the thesis consists of a content analysis and a secondary literature review. Since the theoretical framework of the project is international human rights, instruments from the United Nations and the Organization of American States are used. Reports from non-governmental organizations like Amnesty International, Human Rights Watch, and Observatorio Venezolano de Prisiones provide the data to conduct the analysis which is specific to pre-trial preventive detention in Venezuela. These reports are produced on a yearly basis and will help to compliment the data obtained from government sources, mainly the Venezuelan Ombudsman's office. The findings of the thesis support the argument that contrary to common belief, the (mis)use of pre-trial preventive detention in Venezuela is in fact mainly accidental, it is not systematic in the sense that it is not targeting a particular group of people due to their political affiliation and/or beliefs. Furthermore, I prove that Venezuelan penitentiary facilities are overcrowded due to the (mis)use of pre-trial preventive detention. Immediate recommendations for the Venezuelan state include re-categorizing the penal population in Venezuela as well as diminishing the use of deprivation of liberty, specifically pre-trial preventive detention.

A jurisdicionalização das demandas sociais e políticas acontece nas sociedades democráticas ocidentais a partir do segundo pós-guerra. Tal fenômeno encontra-se estampado nas causas submetidas ao julgamento dos desembargadores do Tribunal de Justiça do Estado do Rio Grande do Sul, que versam sobre o aborto preventivo. Nas referidas demandas, o magistrado é instado a se pronunciar sobre tema de grande relevância social, muitas vezes em face da omissão da lei, valendo-se de conceitos de outras áreas do conhecimento para amparar o seu julgamento. Questiona-se de que forma as suas convicções pessoais, filosóficas, religiosas e, de formação, influenciam, ou não, nestas decisões. A perda da autoridade é apontada como uma das causas da jurisdicionalização, tendo em vista que nas sociedades tradicionais o conselheiro espiritual, o chefe de família, o médico ou o sacerdote, decidiam questões vinculadas à tomada de decisões éticas, religiosas e políticas. Os juízes, frente à perda de autoridade das magistraturas sociais, se comportam como últimos guardiões da democracia em nossas sociedades contemporâneas. O trabalho demonstra de que forma os desembargadores gaúchos, enquanto atores sociais, interpretam este papel, esclarecendo a existência, ou não, de algum desconforto ao tomarem tais decisões. O lugar em que é cumprido seu papel é aquele próprio de uma estrutura burocrática do Estado racional, com as consequências que decorrem de tal situação. A decisão judicial e a decisão médica, ainda que possuindo semelhanças, se diferenciam, porquanto esta última se funda em uma relação de confiança, enquanto a outra gera uma desconfiança. O trabalho comprova que nas demandas que versam sobre o aborto preventivo surge a temática da lógica dos problemas do corpo, que aflige o cidadão contemporâneo, em sua crise de identidade. Neste contexto, a sociedade de hoje não requer tão somente o conselho do sacerdote ou a prescrição do médico de família, mas também a decisão do magistrado, que deve pronunciar-se quando ocorrerem dúvidas a respeito desse assunto.
The jurisdictionalization of the social and political pleas happens in the western democratic societies from the second post-war period on. Such phenomenon is clear in the causes submitted to the Court judges’ trial of the Rio Grande do Sul State Court of Justice, that deals with preventive abortion. In the above mentioned pleas, the magistrate is urged to assert about a theme of great social importance, many times due to the law omission, using other areas knowledge concepts to support their trial. It is questioned in what way the magistrate personal, philosophical, religious and of formation convictions influence or not, on these decisions. The loss of authority is pointed as one of the causes of the jurisdictionalization , having in mind that in the traditional families, the spiritual counselor, the family head, the doctor or the priest, used to decide the issues linked to the ethical, religious and political decisions. The judges, considering the loss of authority of the social magistracies, behave as the last democracy guardians in our contemporary societies. This study demonstrates in what way the Rio Grande do Sul magistrates, as social actors, interpret this role, clarifying the existence or not of some discomfort in taking that decisions. The place where the magistrates fulfill their role is the own bureaucratic structure of the rational State, with the consequences that result from this situation. The judicial decision and the medical decision, although having similarities, differentiate themselves , inasmuch as the latter is established in a reliable relation, whereas the other generates a distrust. This research proves that in the pleas that deals with preventive abortion it emerges the theme of the reasoning of the body problems, that afflicts the contemporary citizen, in his/her identity crisis.In this context, today’s society not only needs the advice of the priest or a prescription of a doctor of the family, but also the decision of the magistrate, who should express his/her opinion when doubts occur about this matter.

To what extent the legitimate aspiration of the States to prevent terrorist attacks can go further? This is one of the main issues that modern democracies must face. In this scenario, this PhD thesis proposes a comparative study on preventive counter-terrorism measures targeted on suspected terrorists within a human rights’ approach, in the searching of the “sustainable prevention”. After the study of Italian preventive counter-terrorism law from different perspectives, a small "field research" and the analysis of the UK counter-terrorism system, the Author uses the proportionality principle to suggest some corrective mechanisms for a more sustainable balance between freedom and security.

Den mänskliga rättigheten till en rättvis rättegång utgör en grundpelare i en rättsstat och regleras i såväl artikel 6 EKMR som 2 kap. 11 § 2 st. RF. Rätten till en rättvis rättegång i enlighet med både EKMR och RF tar sikte på att en rättegång dels ska genomföras inom skälig tid, dels att rättegången ska genomföras inför en oavhängig och opartisk domstol. För att rättigheten ska uppfyllas i enlighet med EKMR och RF, föreligger vägledning samt principer utformade av Europadomstolen som måste beaktas vid bedömningen om en rättegång bedrivits rättvis eller inte. Rätten till en rättvis rättegång kan omfatta flera olika element, varav ett av elementen är tillfredsställande handläggning. För att en rättegång ska uppfylla sitt syfte, krävs att rättegången genomförs under sådana former att parterna kan följa det som sker under förfarandet. Till bedömningen om en rättvis rättegång genomförts ska dessutom målets karaktär tas i beaktandet. Detta innebär att mål som förutsätter särskild skyndsam handläggning, till exempel ungdomsmål, särskilt måste uppfylla kraven i artikel 6.1 EKMR. Då barn anses utgöra en särskilt utsatt grupp krävs det speciellt skydd i syfte att värna om deras rättigheter. I BK stadgas barns rättigheter och konventionen är tillämplig på alla individer under 18 år. De stater som ratificerat BK måste således respektera konventionen och rapportera vilka åtaganden som vidtagits för att efterleva den. Barns rättighet att komma till tals och uttrycka sina åsikter tillfaller alla barn under 18 år och innebär att såväl domstolar som andra beslutsfattande organ måste anpassas i avsikt att inkludera barnen. Det kan till exempel handla om särskilda förberedelser för barn innan en rättegång och att anamma ett barnrättsperspektiv i syfte att genomsyra verksamheterna med en förankring i BK. Inom nationell rätt föreligger ett skyndsamhetskrav i ärenden som rör unga lagöverträdare och en allmänt vedertagen princip är att tiden mellan samhällets reaktioner och den unga lagöverträdarens brott bör vara så kort som möjlig. Samhällets inställning gentemot unga lagöverträdare ska även vara konsekvent och tydlig samt ska handläggningen av pedagogiska skäl bedrivas skyndsamt. I en rapport från Brå och i en granskning från Riksrevisionen har det framgått att det förekommer svårigheter i att leva upp till det lagstadgade skyndsamhetskravet för handläggning av ungdomsärenden i 4 § LUL. Riksrevisionen fann att den totala handläggningstiden är alltför långdragen. Polisen drar ut på tiden vid förundersökningen, åklagaren tar lång tid på sig att fatta beslut i åtalsfrågan och TR överskrider tidsfristen genom långdragna mål. Utöver det redovisade, förlängs handläggningstiderna ytterligare genom att socialtjänsten tar lång tid på sig att författa sina yttranden till TR. Europakommissionen har uttalat att i de fall en ung person är brottsmisstänkt, ska denna behandlas utifrån hans eller hennes ålder och mognad. Domstolsförfarandet måste således anpassas i avsikt att trygga den unges möjlighet att förstå och delta i rättegången. Om en ung person inte förstår förfarandet medför det att han eller hon inte kommer vara tillräckligt delaktig under rättegången, vilket påverkar den unges rätt att göra sin röst hörd och komma till tals i enlighet med BK. Unga lagöverträdare särbehandlas inom straff- och processrätt i förhoppning om att motverka att ungdomar identifierar sig som kriminella samt därigenom dras till ett umgänge med andra kriminella personer. Det finns även förhoppningar om att rättsprocessen ska fungera som en markör med en preventiv verkan. Brottmålsrättegångar är dock i huvudsak utformade av vuxna och för vuxna. Barn och unga brottsmisstänkta är således föremål för samma rättsprocess som vuxna utan någon faktisk anpassning efter deras ålder samt mognad. Under år 2002 gjorde Brå en utvärdering av reformen för påföljdssystemet beträffande unga lagöverträdare som trädde i kraft år 1999. Utvärderingen utmynnade i en rapport där Brå intervjuade sju ungdomar om deras upplevelser kring rättegången. Brå uppmärksammade särskilt två uppfattningar genom att lyssna till ungdomarna. De unga anförde att de inte alltid kände sig införstådda på hela förfarandet och på vad som sades samt att de inte ansåg sig komma till tals i tillräcklig stor omfattning. Uppsatsen undersöker huruvida unga lagöverträdares upplevelser av rättegångar kan anses vara stridande mot rätten till en rättvis rättegång och når slutsatsen att unga lagöverträdare inte får sin rätt till rättvis rättegång helt tillgodosedd. Rättigheten, som består av kriterierna skälig tid och oavhängig samt opartisk domstol, kan med anledning av bristerna som konstaterats i uppsatsen anses vara kränkt. Den oskäliga handläggningstiden i kombination med risk för att domare skapar sig förutfattade meningar om de unga tilltalade, kan anses strida mot rätten till en rättvis rättegång i enlighet med såväl EKMR som RF. I uppsatsen undersöks även domstolens möjlighet att förmedla de fundamentala straffrättsprinciperna till unga lagöverträdare i avsikt att åstadkomma en preventiv effekt mot ungdomskriminalitet. Till följd av att rättegångarna i huvudsak är utformade efter en vuxen person, blir slutsatsen att domstolen inte kan förmedla de fundamentala straffrättsprinciperna till unga lagöverträdare i tillräckligt hög utsträckning. Avsaknaden på ett barn- och ungdomsperspektiv under rättegångar kan därmed hindra att den preventiva straffrättsliga effekten gentemot ungdomskriminalitet vinner slagkraft. Det krävs att straffrätten uppfattas som trovärdig för att domstolen ska kunna uppnå en preventiv effekt gentemot ungdomskriminalitet; domstolens agerande och behandling av unga lagöverträdare är således en avgörande faktor i hur straffrätten uppfattas. De ungas upplevelser av rättegångar kan därmed indikera på att domstolen inte till fullo lyckas förmedla de fundamentala straffrättsprinciperna. I fråga om vilken effekt som unga lagöverträdares upplevelser av rätt rättegångar kan medföra, dras slutsatsen att en stor risk för stigmatisering och fortsatt brottsbenägenhet föreligger. Genom att försumma de ungas rättigheter under en rättegång, förblir risken stor att de lämnar rättssalen utan någon påverkan på deras framtida beteende. Sammantaget avrundas uppsatsens slutsats med att framhålla att det krävs mer forskning beträffande ungas upplevelser av rättegångar inom ramen för rätten till en rättvis rättegång. Mer forskning skulle resultera i en vidare inblick i den problematik som det nyliga nämnda innebär. Denna forskning bör vara väsentlig då det behandlar unga individer och deras framtid.
The human right to a fair trial is a cornerstone in a constitutional state and is regulated in both article 6 of the ECHR and in RF, the Swedish constitution chapter 2, paragraph 11, section 2. The right to a fair trial according to both the ECHR and RF requires that a public trial is to be held within a reasonable time and that the trial is to be held before an independent and impartial court. In order for the right to be met in accordance with the ECHR and RF, there are guidelines and principles formulated by the European Court of Human Rights, which must be taken into consideration when assessing whether a trial has been held fairly or not. In order for a trial to be assessed as fair, the minimum guarantees in Article 6.3 ECMR must be met. The right to a fair trial includes several different elements; one of the elements is fair dealing. In order for a trial to fulfill its purpose, it is required that the trial is held in such a way that the parties can follow what is happening during the proceedings. In the assessment of a fair trial, the type of the trial has to be taken into consideration. This means that trials that require special urgent procedures, such as trials concerning juvenile offenders, must especially meet the requirements of article 6 of the ECHR. Children are considered a particularly vulnerable group and are therefore in need for special protection in order to guard their rights. The UN Convention on the Rights of the Child (the Child Convention) regulates children's rights and applies to all individuals under the age of 18. The states that have ratified the Child Convention, must respect the Convention and give an account of the commitments that have been made to comply with it. A child’s right to speak and express its views applies to all children and means that both courts and other decision-making intuitions must be adapted for the purpose of including the children. This could for example include special preparations for children. According to Swedish national law there is an urgency requirement in cases involving juvenile offenders and the time between reactions from society and the juvenile’s crime should be as short as possible. Both a report from Brå and a review by Riksrevisionen, has shown that there are difficulties in complying with the urgency requirement for dealing with youth cases in 4 § in LUL. The European Commission has stated that in cases where a young person is suspected of a crime, the trail should be adapted according to his or her age and maturity. The court procedure must therefore be adapted in order to ensure the young person's ability to understand and participate in the trial. If a young person does not understand the procedure, he or she will not be involved during the trial, which affects the right of the young person to have his hear voice heard and speak in accordance with the Child Convention. Young offenders are treated differently in criminal and procedural law in the hope of preventing young people from identifying themselves as criminals. Criminal proceedings are however, mainly designed by adults and for adults. Children and juvenile offenders and victims of crime are therefore subject to the same legal process as adults without any actual adaptation. In 2002, Brå interviewed seven young people about their experiences of the trial. Attention was drawn to two perceptions by listening to the young people. The young people said that they did not always feel fully aware of the whole procedure and what was said and that they did not consider themselves being heard during the proceedings. This essay investigates whether juvenile offenders’ experiences of their trials can be regarded as conflicting with the right to a fair trial. The essay reaches the conclusion that juvenile offenders do not get their right to a fair trial fully met. The right consisting of the criteria of reasonable time and independent and impartial court may, as a result of the faults found in the essay, be considered to be violated. The unreasonable processing time combined with the risk that judges create prejudiced opinions about the young offenders can be considered to conflict with the right to a fair trial in accordance with both the ECHR and RF. The essay also studies the Court's ability to communicate the fundamental principles of justice to juvenile offenders in order to achieve a preventive effect against juvenile crime. The conclusion is that the trials are mainly designed for adults, which can result in difficulties for the court in communicating the fundamental criminal justice principles to juvenile offenders. The neglect of a child and youth perspective during trial may therefore prevent the preventive criminal justice effect against juvenile crime. Concerning the effect of trial for juvenile offenders, the conclusion is that there is a high risk of stigmatization and continued crime. By neglecting the rights of the young people during a trial, the risk remains high that they leave the courtroom without any effect on their future behavior. All in all, the essay finds that more research is needed on the experiences of juvenile offenders in the context of the right to a fair trial. More research would result in a larger insight into the problem.

This thesis is made up of three papers. The first is a systematic literature review investigating the effectiveness of restorative justice interventions on reducing the reoffending rate of young people. The review consists of nine studies, the majority of which (N=8) found that there was no significant difference between the impact of restorative justice interventions, and other interventions targeting young offenders, on the rate of reoffending. One study found that restorative justice interventions had a significant positive effect at a three-year follow-up period. Following this, recommendations were made for future research. This included the exploration of the views of restorative justice Case Managers as to what factors are important in enabling restorative justice interventions to prevent young people reoffending. The second paper is a bridging document which explains how key decisions throughout the process of completing this piece of work were made, and makes explicit the journey from the Systematic Review to the Research Project. This includes the focus of the research, methodology, method and analysis. The bridging document also explores the areas of ontology, epistemology, reflexivity and ethical issues. The third paper describes a piece of empirical research. In line with recommendations in the Systematic Review, the views of restorative justice Case Managers from a Youth Justice Service were explored regarding the factors that they considered important in delivering a restorative justice intervention that is successful in reducing reoffending. A group interview was used to elicit the views of the Case Managers. Through applying a thematic analysis to the data, six themes emerged; learning, community, enabling change, a holistic approach, professional skill and overcoming systemic barriers. A model is proposed to highlight the relationship between dialogic space and the six themes identified through analysis, in supporting the competence, autonomy and relatedness of young people as conceptualised in self-determination theory. It was concluded that Educational Psychologists have an important role to play in supporting services to develop and deliver interventions with positive outcomes for children and young people. The benefits and limitations of using a group interview are discussed. Implications for the practice of Educational Psychologists, and suggestions for further research, are explored.

The article considers common legal principals of equality and justice whose significance is increasing in the conditions of uncertainty and instability of the modern public order. Negativism of differentiation processes and increased social inequality studied by the legal science draws the attention of researchers to the cognition of constitutionalism ideas that can be used (as the authors believe) to overcome unfavorable situations related with adherence to and protection of the rights and freedoms of citizens defined by the Constitution of the Russian Federation. The principles of equality and justice having absolute value in the system of value and mentality institutes must serve a basis for the methodology of rule-making and enforcement activity. The authors also highlight the need to observe succession in the doctrine and practice of constitutionalism, namely the need for support in achieving pre-revolutionary and soviet legal science. In this light, the liberal approach to the principles of equality and justice cannot take the monopoly position and must be supplemented by other ideas developed in the science. Taking into account methodological positions, the specific features of implementing the principles of equality and justice must be the subject of doctrinal researches of the theory of state and law and constitutional law in the methodological synthesis of interdisciplinary relations.

"The idea of rooting pluralism among humans, which is diversity in Islamic legislation, is a human instinct, and one of the great signs of God Almighty in creating creation. And that the idea of differential pluralism trains the soul to pardon, tolerance and dialogue with others on the basis of justice, freedom and truth. Pluralism contradicts the odious dictatorial monism of injustice, violence, fanaticism and discrimination, as well as the denial and erasing of the existence of the other. It achieves a sublime goal of permanence of the mind’s actions from understanding and thinking, contemplation and visualization, in order to build a common coexistence and renew life. This research includes three topics: The first topic is rooting the concept of the idea of pluralism from the perspective of the Holy Quran. The second topic is the effects of accepting the idea of positive pluralism on the individual and society. The third topic is criticism and analysis of the idea of unilateralism. "

This paper discusses the use of Artificial Intelligence in government decision making with a case study on the use of Artificial Intelligence to distribute government grant funds. Artificial Intelligence enables autonomous systems and decision support aids. A formal process is very important when designing a system to make decisions autonomously with Artificial Intelligence. The Office of Justice Programs, an agency of the U.S. Department of Justice, focuses on crime prevention; it provides research and development assistance to state, local, and tribal criminal justice agencies. OJP’s public safety grants involve about $2 billion distributed to some 2,000 grantees. In the past, the agency had no standard approach for determining who received grants. Then, about 2011, OJP began introducing objective measures into the grant review process and automated the process. With AI, the new system resulted in increased accuracy and consistency of decisions, as well as a more efficient review process.

This research is dedicated to the problem of essence and classification of international private law principles applicable to international private contracts. It studies existing doctrinal opinions towards systematization criteria of international private law principles including that in relation to other branches of law. The authors come to the conclusion on the essence and characteristics of those international private law principles that are applied to contractual relations complicated by a foreign element and that are reflected in the international practice. By subdividing the international private law principles by extent of relation to primary regulation methods (collision law and material law) and taking into account a close tie of this law branch with other branches, in particular, international public and civil law, given the goals of this research, the authors come to the conclusions that regulation of trans-border contractual relations correspond to the following principles: justice, good faith and rationality of participants of legal relations; autonomy of parties’ will; the closest tie. The substantiation of the above gives quotes of international documents widely spread as lex mercatoria – UNIDROIT principles, principles of the European contractual law, and Hauge principles of law selection as applicable to international commercial contracts.

"The Anfal crime of 1988 was a series of political, military and propaganda campaigns carried out by Saddam's Ba'athist regime against a part of the Kurdish people.In this process, all the means of genocide were used, from killing, slaughter, arrest, expulsion and expulsion to the demolition of houses, burning of fields and gardens and looting of their livestock and belongings. The Ba'ath regime's excuse for this crime was nothing but religious and political propaganda that the Kurdish nation had deviated from Islam and had turned against the state These excuses were to justify his crime because the process was named after a chapter of the Holy Qur'an, which was Anfal. For such a big and heinous crime, of course, you have to make all the internal and external factors available before you start, because without the availability of both factors, it would have been impossible for such a big and important process to succeed Therefore, Saddam's Ba'athist regime had secured international and external factors along with the availability of domestic factors to a good extent, so it carried out the process in such a comprehensive and widespread manner. The United States, which was one of the most powerful and influential countries of the time, had a strong relationship with Saddam and the Iraqi government in all political, military, economic and other aspects The Americans, who served Saddam Hussein's regime in the success of the Anfal process, not only provided military and logistical assistance to the Iraqi government, but also provided intelligence assistance to the regime On the other hand, for the sake of the Ba'ath and Saddam regimes, he had cut off all kinds of cooperation from the Kurds and refused to even welcome the Kurdish representatives when they wanted to convey the truth about the Anfal crime to the US and the world.This was one of the reasons why Saddam's regime was protected from international condemnation and prosecution thanks to its cooperation and strong ties with the Americans."

It is a common knowledge that workers both in the public and private sector spends their wages on critical needs such as rent, school fees, food, transportation, recharge cards and healthcare (moller,2004). They are also predominantly expose to economic risk, natural risk, health risk, life cycle risks, policy based and institutional risks, social and political risk (Geneva, ILO-STEP). Various government including Nigeria, historically have been able to introduce some forms of ad-hoc interventions programmes such as mortgage rent reduction, reduction in taxes, cancellation or postponement of loan payment and other form of direct subsidies (Townsend, 1994). Majority of these measures are privileges and not “right” in most developing countries including Nigeria (Sigma, 2005; UNDP 2003). Practiced in almost all ancient and traditional societies, with debates for and against, among lawgivers and philosophers, Capital punishment, also known as death penalty, was a part of the Athenian Greek law code as early as the time of Draco during the 7th Century BC. The debates and controversies continue until date. Is it just, unjust or a false justice? As at the year 2018, according to Amnesty International,1 55 countries of modern civilized world retain death penalty while a certain number have completely abolished it. Herodotus, the ancient Greek historian, in his Histories, record many instances of state sanctioned capital punishments. This paper, an attempt to accentuate the unjust nature of capital punishment and support its complete universal abolition, identifies three references to death penalty in Herodotus Book 1: combing, impaling and stoning. Book I of Herodotus was context analysed and interpreted with evidence from other relevant literary and historical sources. Arguments for death penalty include serving as deterrent to potential offenders and some sort of justice for the victims and family, especially in the case of murder; and the state, in the case of treason and other capital offences. Findings, however, revealed that capital punishment seldom curb potential criminals and might embittered and encouraged grievous crimes while discoveries of errors in judgment, among other reasons, could make death sentences unjust. The paper concluded by recommending prevention of such crimes necessitating capital punishments and proffered making greater efforts towards total abolition. Keywords: Capital punishment, Herodotus, Herodotus Histories, Justice, Death penalty.

This Emerging Evidence Report describes the availability of evidence on modern slavery interventions in Myanmar presented in the programme's interactive Evidence Map. This report on Myanmar uses the same methodology and complements the evidence map on interventions to tackle trafficking, child and forced labour in South Asia for Nepal, India, Pakistan, and Bangladesh. The Evidence Map provides an outline of where evidence is concentrated and where it is missing by mapping out existing and ongoing impact evaluations and observational studies exploring different types of modern slavery interventions and outcomes for specific target populations (survivors, employers, landlords, service providers, criminal justice officials) and at different levels (individual, community, state). It also identifies key ‘gaps’ in evidence. Both the Evidence Map and this report foremost target the UK Foreign, Commonwealth & Development Office (FCDO) and its partners in the CLARISSA research programme to support evidence-informed policymaking on innovations to reduce the worst forms of child labour. We hope that it is also useful to academics and practitioners working to address modern slavery, or in the intervention areas and locations described.

The Latin America and the Caribbean region has benefited significantly from economic growth driven by the extractive sector. At the same time, the region has experienced high levels of conflicts related to this sector. This paper presents an overview of citizens' perceptions of the extractive industries in Bolivia, Colombia, Ecuador, Peru, and Venezuela. Using a representative sample for each country, we identify regional and country-specific determinants of the Social License to Operate (SLO). The SLO is an unwritten license of social approval accorded to extractive projects by citizens. In this paper, we investigate a generalized version of the SLO, capturing public sentiment toward the mining and the oil and gas sectors in general. While our findings confirm that perceptions vary across countries, we show that governance is the strongest predictor of trust between citizens and the extractive sector, which is consistent with the evidence in the literature. In addition, procedural justice, distributive justice, and nationalism play essential roles in shaping individuals' attitudes. These findings suggest that strengthening government institutions could contribute to the prevention of conflict around extractive industries.

This study explores Norwegian professionals' experiences of working within partner violence (PV) prevention area, including, cross-sectoral and interdisciplinary cooperation as well as possible successful strategies and measures in this area. This report is one of the deliverables of the “Integrated System of Domestic Violence Prevention” (ISDVP) project and of the agreement with The State Treasury, the Institute of Justice in Warsaw, Poland. This study contributes to research on professionals’ experiences of interprofessional collaboration in the domestic violence prevention area – a similar study was conducted in Poland. To facilitate an interdisciplinary and interagency group discussion, five focus groups (with 19 participants) were conducted. The analysis reveals that there is inter- and intra-sectoral collaboration in the domestic violence prevention area. There are marked challenges but also notable success stories. The participants talked about several barriers to cross-sectoral collaborations, such as i) professional requirements of confidentiality, mandate, and/or duty to report, especially in the domestic violence prevention stages; ii) the complexity and plethora of practical and organizational measures and initiatives as well as who does what and when, particularly when helping a client navigate through the system; and iii) the difficulty in defining as well as uncovering domestic violence because it can be understood differently by various parties, especially from a cross-cultural perspective and gender stereotypes. In terms of effective management of multisectoral collaboration, the participants mentioned i) several tools and models, e.g., SARA and Flexid, and ii) organization of emergency shelters; and iii) networking. Besides, the participants reported a need for a nuanced and multifocal approach to domestic violence prevention, including addressing the specificities of different vulnerable groups such as the elderly and the LGBQT+ community. They also talked about the importance of initiatives aimed at removing the stigma and taboo around domestic violence, also through targeting higher education establishments.

In September 2015, Ghana along all UN member states endorsed the Agenda 2030 Sustainable Development Goals (SDGs) as the cardinal agenda towards achieving a prosperous global future. The SDGs are strongly interdependent, making progress in all goals essential for a country’s achievement of sustainable development. While Ghana and other West African nations have exhibited significant economic and democratic development post-independence. The judiciary system and related legal frameworks, as well as the lack of rule law and political will for safeguarding the human rights of its citizens, falls short of considering violations against minorities. Will Ghana be able to localize human rights related SDGs, given that West African governments historically tended to promote internal security and stability at the expense of universal human rights? This paper focuses on evaluating the commitments made by Ghana towards achieving Agenda 2030, with a particular focus on the SDGs 10 and 16 relating to the promotion of reduced inequalities, peace, justice and accountable institutions. Moreover, this paper also analyzes legal instruments and state laws put in place post Ghana’s democratization in 1992 for the purpose of preventing discrimination and human rights violations in the nation. The article aims to highlight how Ghana’s post-independence political experience, the lack of rule of law, flaws in the judiciary system, and the weak public access to justice are obstacles to its effective localization of human rights SGDs. Those obstacles to Ghana’s compliance with SDGs 10 and 16 are outlined in this paper through a consideration of human rights violations faced by the Ghanaian Muslim and HIV minorities, poor prison conditions, limited public access to justice and the country’s failure to commit to international treaties on human rights. Keywords: Ghana, human rights, rule of law, security, Agenda 2030

Review question / Objective: To systematically synthesize the key characteristics (the reach, implementation, efficacy, and safety) of digitally delivered fall and fracture prevention through exercise among community-residing older adults. Rationale: Falls represent a significant cause of preventable injury, contributing to premature morbidity and mortality worldwide(1). Fall risk is multifactorial, and there are numerous strategies to prevent falls, being exercise programs strongly recommended. While there is strong evidence of the effectiveness of targeted exercise in reducing falls and fractures in older adults (2), these are normally delivered in-person by qualified instructors. With the COVID-19 pandemic, the use of technologies for medical care increased substantially(3). Also, services including exercise programs were shut down. The combination of continued reluctance among many older adults to return to in-person programs in addition to their comfort level to exercise from their homes are two main factors that justify the need for digitally delivered programs. To date, little is known about the reach, implementation, efficacy, and safety of exercise programs delivered digitally.

Information security and associated vulnerabilities have long been a pressing challenge, from the fundamental scientific backstage to the frontline across the most diverse sectors of society. At the tip of the iceberg of this problem, the citizens immediately feel that the reservation of privacy and the degradation of the quality and security of the information and communication on which they depend for the day-to-day activities, already of crucial relevance, are at stake. Naturally though, the challenges do not end there. There is a whole infrastructure for storing information, processing and communication, whose security and reliability depend on key sectors gearing modern society – such as emergency communication systems (medical, civil and environmental protection, among others), transportation and geographic information, the financial communications systems at the backbone of day-to-day transactions, the information and telecommunications systems in general. And crucially the entire defence ecosystem that in essence is a stalwart in preventing our civilisation to self-annihilate in full fulfilment of the second principle of thermodynamics. The relevance of the problem further encompasses the preservation of crucial values such as the right to information, security and integrity of democratic processes, internal administration, justice, defence and sovereignty, ranging from the well-being of the citizen to the security of the nation and beyond. In the present communication, we take a look at how to scientifically and technically empower society to address these challenges, with the hope and pragmatism enabled by our emerging pathways in information physics and complexity. Edging beyond classical and quantum frontiers and their vulnerabilities to unveil new principles, methodologies and technologies at the core of the next generation system dynamic intelligence and security. To illustrate the concepts and tools, rather than going down the road of engineered systems that we can ultimately control, we take aim at the bewildering complexity of nature, deciphering new secrets in the mathematical codex underlying its complex coevolutionary phenomena that so heavily impact our lives, and ultimately bringing out novel insights, methods and technologies that propel information physics and security beyond quantum frontiers.

One of the most pressing challenges for health programs in most sub-Saharan African countries is effectively addressing the increasing prevalence of HIV/AIDS. Recent evidence suggests that controlling sexually transmitted diseases (STDs) through undertaking preventive measures, early diagnosis, and treatment significantly slows the spread of HIV/AIDS. In regard to STI/HIV, Maternal and Child Health (MCH) and Family Planning (FP) clients are described as “low risk” groups. However, in a number of sub-Saharan African countries, the reported levels of STDs are significantly high enough to justify use of limited resources to target this group for STD services. MCH/FP programs have begun to get more involved in prevention of STDs/HIV among MCH and FP clients through providing integrated programs and integrated services. This move toward integration is gaining momentum, however it presents immense challenges for reproductive health (RH) programs in the region. The issue of the best cost-effective strategy to provide quality integrated MCH/FP/STD/HIV services in the context of scarce financial, laboratory, and technical resources is still unsettled, according to this report, including the technical challenge of altering existing MCH/FP services to simultaneously meet contraceptive and disease-control goals.