Bibliografie tematiche / Internal conflicts of law

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Letteratura scientifica selezionata sul tema "Internal conflicts of law"

Autore: Grafiati
Pubblicato: 25 gennaio 2025

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Articoli di riviste sul tema "Internal conflicts of law"

1

Ben-Shemesh, Yaacov. "Law and Internal Cultural Conflicts". Law & Ethics of Human Rights 1, n. 1 (1 gennaio 2007): 271–308. http://dx.doi.org/10.2202/1938-2545.1008.

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Liberal political theory acknowledges the interdependence of the wellbeing of individuals and the flourishing of the cultural groups to which they belong. Consequently, many liberal political philosophers have proposed policies and laws aimed at multicultural accommodation. That is, policies and laws aimed at assisting communities to preserve their cultural values and practices, and at allowing them greater autonomy and self-government. However, certain religious and cultural groups hold beliefs, values, and practices that are oppressive and discriminatory against some of their own members. Accommodating such groups may contribute to the discrimination and oppression. This question of “minorities within minorities” poses a real dilemma for liberal political philosophy. In this Paper I focus on certain cases that fall under the “minorities within minorities” framework that raise particularly complicated theoretical considerations. These are the cases where the demands for equal treatment are raised not by the state or by outsiders, but by disadvantaged individuals and groups within a community, who base their claim for greater equality not on the superiority of liberal values over the values of their culture but rather on an alternative, competing, interpretation of the values of their culture. I suggest that strong normative considerations support the view that the liberal state should assist challenges by marginalized individuals within communities to reinterpret cultural values and traditions in ways more favorable to them.
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Mullerson, R. "INTERNATIONAL HUMANITARIAN LAW IN INTERNAL CONFLICTS". Journal of Conflict and Security Law 2, n. 2 (1 dicembre 1997): 109–33. http://dx.doi.org/10.1093/jcsl/2.2.109.

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3

Asongu, Simplice A., Joseph I. Uduji e Elda N. Okolo-Obasi. "Drivers and Persistence of Death in Conflicts: Global Evidence". World Affairs 183, n. 4 (17 novembre 2020): 389–429. http://dx.doi.org/10.1177/0043820020964274.

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We investigate persistence and determinants of deaths from conflicts in a sample of 163 countries for the period 2010–2015. The empirical evidence is based on the Generalized Method of Moments. First, the findings are contingent on income levels, religious domination, landlockedness, regional proximity, and legal origins. We find that the persistence of deaths in internal conflict is more apparent in coastal, French civil law, and Islam-oriented countries, compared to landlocked, English common law, Christian-oriented countries, respectively. Second, the following factors are generally responsible for driving deaths from internal conflicts: homicides, conflict intensity, and conflicts fought. Furthermore, incarcerations have negative effects on internal conflicts. Justifications for the established tendencies and policy implications are discussed.
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Ochmann, Paweł, e Jakub Wojas. "Wojna hybrydowa jako przykład umiędzynarodowionego konfliktu wewnętrznego". Studia Prawa Publicznego, n. 2(22) (15 giugno 2019): 101–21. http://dx.doi.org/10.14746/spp.2018.2.22.5.

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The paper deals with internal conflicts, their internationalisation and a hybrid war. In the 1990s many military conflicts could have been regarded as domestic conflicts or internationalised internal conflicts. According to the authors internationalised internal conflicts and a hybrid war have much in common. The purpose of the paper is to compare and confront distinctive characteristics of internationalised internal conflicts with the model of hybrid war. The authors scrutinize definitions of an internal, domestic conflict and a hybrid war, and the possibilities and likelihood of their occurrence. Finally the issue is analysed in terms of international public law. ‘Hybrid war’ is a term not defined in public international law. However it is commonly used not only by media and politicians, but also by academics in a sci- entific discourse. A question arises to what extent it is justified to use a term in the context of different military conflicts, like for instance the one in the East Ukraine that has been going on since 2015. Therefore it is necessary to explain what the term ‘hybrid war’ means. In order to do so, it is necessary to try to define the term. Its distinctive characteristics must be indicated. Then, many military conflicts will be analysed to determine whether they satisfy the requirements for qualifying them as a ‘hybrid war’ or an internationalised internal conflict. The research leads to a conclusion that an internationalised internal conflict gives many opportunities for applying to it methods characteristic of a hybrid war. In the course of an internationalised internal conflict there are many ways in which the aggressor can evade international liability and the authors attempt to answer how to prevent this.
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Михайлова, Татьяна, Tat'yana Mihaylova, Олег Трубников e Oleg Trubnikov. "Management activity of the head of the territorial body of the Ministry of internal Affairs of Russia in the prevention and resolution of professional conflicts". Applied psychology and pedagogy 3, n. 3 (2 luglio 2018): 33–42. http://dx.doi.org/10.12737/article_5b1ef5392f6574.07715728.

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The way searching to increase the efficiency activity of system of law enforcement agencies in Russia has led to the fact that the force using in professional employees interaction is absolutely unproductive. The problem of leveling of consequences of the conflicts destructive influence on group activity results will increase not only efficiency of the head of law-enforcement body activity, but also professional activity of the Ministry of Internal Affairs of the Russian Federation as a whole. While studying the conflicts influence on the efficiency of office activity of divisions of law-enforcement bodies the social and psychological factors have been studied, which influence on conflict behavior tactics of Internal Affairs Departments heads, and ways of their solution . Using the method to define the ways of the conflicts regulation (K. Kenneth Thomas) and the questionnaire "Behavior tactics in the conflict" social and psychological factors of conflict behavior in office groups of staff of bodies of internal affairs are investigated.
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Olbourne, Ben. "REFUGEES AND INTERNAL ARMED CONFLICTS". Cambridge Law Journal 60, n. 3 (21 novembre 2001): 441–92. http://dx.doi.org/10.1017/s0008197301221199.

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Most people forced to flee across national borders do so to escape the consequences of internal armed conflicts. But the extension of protection to such people by the countries from which they seek asylum has proved to be uncertain. Most of these countries have undertaken protection obligations towards persons claiming refugee status in accordance with the 1951 Convention for the Protection of Refugees (“the Convention”). For the purposes of the Convention, a “refugee” is defined as any person who “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country” (Article 1A(2)). Although that definition is contained in an international instrument, national immigration laws incorporate or refer to it and its construction and application generally fall to national administrators and judges. It is, therefore, not altogether surprising that decision-makers in different countries reach different conclusions as to its scope and meaning. Such is the case with Minister for Immigration and Multicultural Affairs v. Haji Ibrahim (2000) 175 A.L.R. 585, in which the High Court of Australia rejected the approach of the House of Lords in Adan v. Secretary of State for the Home Department [1999] 1 A.C. 293. At issue in both cases were claims for refugee status made by persons having fled Somalia, a country riddled by internecine clan conflict and lacking any recognisable governmental authority. Although the ultimate decision in each case turned on the appreciation of the specific findings of fact made by the initial adjudicators, a significant difference of approach in the application of the Convention definition may be identified.
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Solis, Gary. "Applying international law to internal armed conflicts". Dynamics of Asymmetric Conflict 4, n. 1 (marzo 2011): 59–62. http://dx.doi.org/10.1080/17467586.2011.560274.

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CHUMACHENKO, Ivan. "Internal and Cross-Border Conflict of Laws Regulation in the United States of America". Journal of Advanced Research in Law and Economics 9, n. 3 (15 giugno 2020): 784. http://dx.doi.org/10.14505/jarle.v11.3(49).11.

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The relevance of the research is due to the development of cross-border economy relations with involvement of the United States residents and the residents of other countries. Such an interest considers the questions about the correct choice of the applicable law in the framework of legal relations with the participation of U.S. residents carried out in the territory or residents of the different countries covered by the jurisdiction of the United States. The authors objectives under this article is to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of the U.S. Federal law, the laws of certain U.S. states with the laws of other countries, as well as, in some cases, with international law. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of analyses of legal acts and judicial precedents. The basic method used in the paper is a comparative method. By applying of this method, the author tries to show the differences between US legislation (as the common law system country) and continental (civil) law countries in relation to the resolving of the conflicts of law. By using of the comparative method, the author also tried to show the differences between the English and the U.S. law. The comparative method also compared with the method of analyses by using of this method the author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as U.S. doctrine sources. The author provides the basic concepts regarding to the law on conflicts, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. As the results of the research, the author concludes that even if there are separate (special) legal acts, judicial cases, as well as doctrine sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of U.S. ‘law on conflicts’ or ‘conflict of laws’.
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Magallon Elósegui, Nerea. "La vecindad civil y los conflictos inter temporales en la ley de Derecho civil vasco = The Basque civil neighbourhood and the intertemporal conflicts in the Basque civil law". CUADERNOS DE DERECHO TRANSNACIONAL 11, n. 2 (1 ottobre 2019): 253. http://dx.doi.org/10.20318/cdt.2019.4957.

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Resumen: A través de la Ley de Derecho civil vasco 5/2015 se crea la vecindad civil vasca lo que supone un cambio automático de ley aplicable de todos aquellos que tuvieran vecindad civil en alguno de los territorios de la Comunidad Autónoma del País Vasco. Su creación reaviva de nuevo el debate sobre la competencia entre las CCAA y el Estado en materia de resolución de conflictos de leyes internos; y al mismo tiempo comporta la potencial multiplicación de los problemas adheridos al conflicto móvil en materia sucesoria. En este trabajo se analizará en primer lugar la adecuación de la nueva vecindad civil a los parámetros constitucionales y, en segundo lugar, los problemas de Derecho intertemporal que origina; todo ello ilustrado con la Resolución de l a Dirección General de Registros el Notariado de 12 de junio de 2017 que proyecta esta nueva realidad sobre la práctica.Palabras clave: Derecho Interregional, conflictos internos, Ley de Derecho Civil vasco, vecindad civil vasca, art. 9.8 CC, conflicto móvil, sucesiones, legitimas y preterición.Abstract: Through the Basque Civil Law Act 5/2015 the Basque civil neighbourhood is created, which implies an automatic change of civil neighbourhood of all those who have a civil neighbourhood in one of the territories of the autonomous Community of the Basque Country. Its creation revives again the discussion on the competition between the CCAA and the State to respond to conflicts arising from interaction between various territorial legislative systems or internal conflicts. At the same time this creation involves the potential multiplication of the problems adhering to the mobile conflict in successions. This paper will first analyze the adequacy of the new civil neighbourhood to the constitutional parameters and, secondly, the problems of intertemporal law that originates, illustrated through the Resolution of the Directorate General of Registries The Notarized, of June 12, 2017, which projects this new reality on the practice.Keywords: Interregional law, internal conflicts, Basque.
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Boelaert-Suominen, Sonja. "Commentary: The Yugoslavia Tribunal and the Common Core of Humanitarian Law Applicable to all Armed Conflicts". Leiden Journal of International Law 13, n. 3 (settembre 2000): 619–53. http://dx.doi.org/10.1017/s0922156500000406.

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This article discusses the contribution made by the jurisprudence of the Yugoslavia Tribunal to the articulation of the body of international humanitarian law that applies to all armed conflicts, regardless of whether they are international or internal. The Tadić Jurisdiction Decision rendered by the Appeals Chamber in 1995 set the stage for a substantial “rapprochement” of the regulatory content of war crimes committed in international and internal armed conflict, using Common Article 3 of the Geneva Conventions as the main vehicle. The first judgements have contributed greatly to the expansion of the body of “Geneva law” applicable to all armed conflicts. More recently, the Tribunal has started to examine cases of armed conflicts per se, in which perpetrators have been charged with violation of the “Hague law”, i.e., the law relating to the conduct of hostilities. The end result of this development will be elaboration of a common core of Geneva law and Hague law applicable to all armed conflicts that have reached the threshold of Common Article 3 of the Geneva Conventions.
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Tesi sul tema "Internal conflicts of law"

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Al-Kraisha, Abeer Jamal. "Law of internal armed conflicts". Thesis, King's College London (University of London), 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.271566.

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Cho, Sihyun. "Applicability of international humanitarian law to internal armed conflicts". Thesis, University of Cambridge, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.245162.

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Kastner, Philipp. "Law-Rest in peace? Legal normativity in the resolution of internal armed conflicts". Thesis, McGill University, 2014. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=123064.

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This thesis deals with the creation and role of legal norms in the context of the peaceful resolution of internal armed conflicts. Peace negotiations aiming to resolve internal armed conflicts are a complex and multifaceted enterprise. They are also of great consequence, since their outcome – ideally the conclusion of a workable and widely accepted peace agreement – determines whether violence will resume or whether durable, positive peace is given a real chance. The negotiations leading to the conclusion of such legal documents are still poorly understood, especially from a legal perspective. They have been mainly considered and analyzed as political processes to solve political problems, with law offering only a utopian ought perspective and playing a subordinate role because of the crushing grip of political necessity. Peace negotiations are, however, not detached from the realm of law but take place within a legal-normative framework. Failing to recognize the existence and importance of this normative framework, its use and continuous development would misconceive the reality of peace negotiations and would miss the central contribution that law can – and ought to – make to the resolution of internal armed conflicts.In addition to realizing the value of a relatively formal and clear legal framework anchored in international law, this thesis argues that orthodox legal theory cannot fully account for the normative dynamics of peace negotiations. Instead, a socio-legal and pluralistic understanding of law with a focus on human interaction is better suited to analyze the conduct and role of peace negotiators and mediators. Such a process-oriented approach allows us to recognize the norm-creative capacity of the actors involved and to appreciate, more generally, the normative dynamics of peace negotiations. By exploring these dynamics, this thesis aims to contribute to a better understanding of how legal norms are created and what role they play in peace negotiations as well as to enhance the legitimacy and effectiveness of these negotiations.
Cette thèse analyse la création et le rôle des normes juridiques dans le contexte de la résolution pacifique de conflits armés internes. Les négociations de paix sont des processus complexes d'une grande importance : leur aboutissement, idéalement sous forme d'un accord de paix viable et largement accepté par les parties prenantes, détermine si les violences reprendront ou si une paix positive et durable pourra s'installer. Les négociations menant à l'adoption de tels accords sont toujours mal appréhendées, particulièrement d'un point de vue juridique. En effet, les négociations de paix ont été, jusqu'ici, analysées et comprises avant tout comme des processus politiques permettant de résoudre des problèmes de ce même ordre. Ainsi, selon cette logique, le droit n'aurait pratiquement aucun rôle à jouer en raison d'une présumée contrainte politique et n'offrirait qu'une perspective jugée trop idéaliste. Or, cette thèse démontre que les négociations de paix se déroulent bel et bien à l'intérieur d'un cadre normatif. Elle argue également qu'en niant l'existence et l'importance de ce cadre normatif, l'on méconnaitrait un aspect important de la réalité des négociations de paix et l'on délaisserait la contribution significative que le droit peut, et devrait, apporter à la résolution de conflits armés internes. En plus de réaliser la valeur d'un cadre juridique relativement formel et bien défini, qui prend ses racines dans le droit international, cette thèse affirme que la théorie juridique orthodoxe ne peut totalement saisir les dynamiques normatives des négociations de paix. Une conception socio-juridique et pluraliste du droit, axée sur l'interaction humaine, est plus favorable à une analyse de la conduite et du rôle des négociateurs et des médiateurs. Une telle approche, qui met de l'avant le processus, permet aussi de reconnaitre la capacité des acteurs impliqués de créer des normes et facilite l'appréciation des dynamiques normatives des négociations de paix. En explorant ces dynamiques, cette thèse vise à favoriser une meilleure compréhension de la création des normes juridiques et du rôle qu'elles jouent dans les négociations de paix, l'objectif ultime étant de contribuer au renforcement de la légitimité et de l'effectivité de ces négociations.
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Vivekananthan, Niranjini. "The international legal protection of persons internally displaced by internal armed conflict". Thesis, University of Hull, 2006. http://hydra.hull.ac.uk/resources/hull:5643.

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Bouzid, Lazhari. "The influence of sovereignty and non-intervention on the development of humanitarian law applicable in internal conflicts". Thesis, University of Glasgow, 1990. http://theses.gla.ac.uk/1023/.

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Although internal conflicts are recurrent phenomena in the history of mankind, their regulation by international law has been very slow. The usual explanation of this state of affairs is that such events touch directly on the survival of established Governments or even the existence of the State itself. States view with suspicion, fear and even hostility any attempt at the international level to regulate their conduct vis-`a-vis their local enemies. They use the principles of sovereignty and non-intervention as a shield against any effective regulation of such tragic events by humanitarian law. However, no serious attempt has been made by international lawyers to study the issue of the influence of those two principles on the development of humanitarian law applicable in internal conflicts. This study tries to establish with exactitude how and where sovereignty and non-intervention have been resorted to, in order to hinder such regulation, and how other considerations (especially the concept of human rights) have opened the way to such regulation. In this respect the study, after clarifying in the first two chapters the meaning, the limitations and the place in the practice of states of the principles of sovereignty and non-intervention, has concentrated on their influence on three main issues raised by internal conflicts, namely: 1. The definition of internal conflicts. In this sphere, the question of the criteria or thresholds of internal conflicts to which humanitarian law is to be applied and the question of which authority has the power to decide the existence of an internal conflict, are dealt with in the context of customary law, common Article 3 and Protocol II of 1977. It is asserted that the claims of sovereignty and non-intervention have been used extensively to restrict any real progress in this area. 2. The protection of the victims of internal wars. In this important area the study tries to trace the development of specific legal norms for the protection of the victims and to determine whether the concept of human rights has contributed in any way to better protection of those victims. 3. Compliance and implementation of humanitarian law in internal conflicts. In this context, it is established beyond any doubt that the claims of sovereignty and non-intervention have been used extensively, both in 1949 and also 1974-1977 to stop all attempts to institute measures for the control of application of humanitarian law, especially those measures which would involve third party supervision. However, it is asserted that human rights machinery may be used to fill this loophole as the UN practice shows.
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Babiker, Mohamed Abdelsalam. "International humanitarian law and human rights law in internal armed conflicts : their concurrent application and enforcement in the Sudan (1893-2003)". Thesis, University of Nottingham, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.421560.

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Wager, James B. "Towards the attenuation of hardship : is there room for combatant immunity in internal armed conflicts? /". (Requires Adobe Acrobat Reader), 2000. http://stinet.dtic.mil/str/tr4%5Ffields.html.

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Vandason, Dominique. "UNSCR 1820(2008), IHRL, IHL, Gender & Responsibility : Analysis of juridical system on sexual violence against women in internal armed conflicts". Thesis, Uppsala universitet, Teologiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-305600.

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This paper presents a gender analysis of the United Nations Security Council Resolution 1820(2008), the International Human Rights Law and the International Humanitarian Law. The study is regarding resolution 1820 as a breakthrough in the writings of legal documents that criminalizes sexual violence against women in internal armed conflict. Using textual analysis and a feminist theoretical approach the study highlights the construction of gender norms in the legal document. The study suggests that the narrative of legislative bodies of the IHL and IHRL is dominated by masculinity. Furthermore I am discussing if such norms are evident as a form of essentialism in the legal document, if essentialism is apparent in local and international juridical systems, and what effect does it have on the resolution 1820.
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Keyanti, Frederick Kanjo. "The plight of internally displaced persons (IDPs) during armed conflict: the case of Sudan and Somalia". Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7839_1257146321.

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The plight of internally displaced persons (IDPs)in Sudan and Somalia constitutes one of the greatest human tragedy of our time since the end of the Cold War. The concept of IDPs is immense and growing. This research paper addressed the plight of IDPs during armed conflict in Sudan and Somalia. This paper also investigated into the existing institutional and legal frameworks for the protection of IDPs during armed conflict and critically highlight some of the weaknesses of these institutions and legal instruments that protect IDPs during armed conflict.

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Monsenego, Jérôme. "Taxation of foreign business income within the European internal market : an analysis of the conflict between the objective of achievement of the European internal market and". Doctoral thesis, Handelshögskolan i Stockholm, Institutionen för Juridik, språk och ekonomisk statistik, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:hhs:diva-1287.

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Member States' rules on the taxation of the foreign business income of companies, whether they are based on the fiscal principle of territoriality or on the principle of worldwide taxation, raise complex issues of compatibility with the law of the European Union. Areas of conflict include particularly the taxation of foreign profits, the deduction of foreign losses, the elimination of international double taxation, and the attribution of profits to permanent establishments. The dissertation analyses these conflicts on the basis of a study of the case law of the European Court of Justice. Although this analysis provides some guidance for the taxation of companies when they carry out business activities throughout the European Union, it is concluded that the Court cannot, by itself: solve the conflict between the taxation of business income in a cross-border context and the objective of achievement of the internal market.
Diss. Stockholm : Handelshögskolan i Stockholm, 2011
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Libri sul tema "Internal conflicts of law"

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F, Damrosch Lori, a cura di. Enforcing restraint: Collective intervention in internal conflicts. New York: Council on Foreign Relations Press, 1993.

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Valenzuela, Pedro. Neutrality in internal armed conflicts: Experiences at the grassroots level in Colombia. Uppsala: Uppsala Universitet, 2009.

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Cariño, Jessica K. The internal refugees of Northeastern Luzon. Diliman, Quezon City: University of the Philippines, Center for Integrative and Development Studies and the U.P. Press, 1994.

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Tanca, Antonio. Foreign armed intervention in internal conflict. Dordrecht: M. Nijhoff Publishers, 1993.

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Vedasto, Audax Kahendaguza. Laws applicable and internal conflict of laws in Tanzania. Dar es Salaam: IDEA International Publishers, 2009.

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Vedasto, Audax Kahendaguza. Laws applicable and internal conflict of laws in Tanzania. Dar es Salaam: IDEA International Publishers, 2009.

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Hehn, Arist Von. The internal implementation of peace agreements after violent intrastate conflict: Guidance for internal actors responsible for implementation. Boston: Martinus Nijhoff Publishers, 2011.

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Sudan Human Security Baseline Assessment, a cura di. Violence and victimization in South Sudan: Lakes State in the post-CPA period. Geneva: Small Arms Survey, 2007.

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Sow, Aliou. Système de conflits et gouvernance sécuritaire en Sénégambie: Rôles, responsabilités et perspectives des forces armées et de la CEDEAO. Paris: L'Harmattan, 2017.

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service), SpringerLink (Online, a cura di. Dealing with the Fragmented International Legal Environment: WTO, International Tax and Internal Tax Regulations. Berlin, Heidelberg: Springer-Verlag Berlin Heidelberg, 2010.

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Capitoli di libri sul tema "Internal conflicts of law"

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Robinson, Darryl, e Herman von Hebel. "War Crimes in Internal Conflicts: Article 8 of the ICC Statute". In Yearbook of International Humanitarian Law, 193–209. The Hague: T.M.C. Asser Press, 2000. http://dx.doi.org/10.1007/978-90-6704-769-2_7.

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Galbiatti Silveira, Paula. "Internal Environmental Conflicts in the Electricity Generation from Renewable Energy Sources". In Climate Protection and Environmental Interests in Renewable Energy Law, 69–105. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-11605-6_4.

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Wippman, David. "8. Practical and Legal Constraints on Internal Power Sharing". In International Law and Ethnic Conflict, a cura di David Wippman, 211–41. Ithaca, NY: Cornell University Press, 2019. http://dx.doi.org/10.7591/9781501730061-011.

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Galbiatti Silveira, Paula. "Legal Framework for the Resolution of Internal Conflicts in Land-Use Planning for Renewable Energy Projects in Brazil and Germany". In Climate Protection and Environmental Interests in Renewable Energy Law, 107–62. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-11605-6_5.

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Galbiatti Silveira, Paula. "Legal Framework for the Solution of Internal Conflicts in the Environmental Licensing Process of Renewable Energy Projects in Brazil and Germany". In Climate Protection and Environmental Interests in Renewable Energy Law, 163–240. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-11605-6_6.

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Galbiatti Silveira, Paula. "Comparative Analysis and Results for the Resolution of Internal Conflicts in Land-Use Planning and Environmental Licensing of Renewable Energy Projects". In Climate Protection and Environmental Interests in Renewable Energy Law, 241–59. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-11605-6_7.

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Rochat, Shékina. "Internal Conflicts". In Mapping Career Counseling Interventions, 143–62. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003267386-8.

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Whitfield, Jeff. "Internal Conflict". In Conflicts in Construction, 31–46. London: Macmillan Education UK, 1994. http://dx.doi.org/10.1007/978-1-349-13360-4_4.

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"Internal Conflicts of Laws". In Yearbook of Private International Law, 541–72. sellier european law publishers, 2014. http://dx.doi.org/10.1515/9783866536081.541.

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Schachter, Oscar. "Internal Conflicts and International Law". In International Law in Transition, 1–9. Brill | Nijhoff, 1992. http://dx.doi.org/10.1163/9789004637870_009.

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Atti di convegni sul tema "Internal conflicts of law"

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Marjanovic, Sara Vera, Haeun Yu, Pepa Atanasova, Maria Maistro, Christina Lioma e Isabelle Augenstein. "DYNAMICQA: Tracing Internal Knowledge Conflicts in Language Models". In Findings of the Association for Computational Linguistics: EMNLP 2024, 14346–60. Stroudsburg, PA, USA: Association for Computational Linguistics, 2024. http://dx.doi.org/10.18653/v1/2024.findings-emnlp.838.

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Yakovenko, Dmitry A., Soslan V. Tskhovrebov, Natalya V. Burdanova e Mstislav D. Yakovenko. "Internal audit as the basis of management system". In Sustainable and Innovative Development in the Global Digital Age. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcsebm.ajgq4705.

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A public law company is a relatively new form of legal entity that combines features of public entities (subjects of public law), unitary non-profit and corporate commercial organizations (subjects of private law). Such conflation of public and private law has led to the integration of certain elements of the management system from each of the above listed legal forms within the framework of a public law company: in public law companies it is required to establish supervisory board, management board (or the sole executive body - general director), audit committee, internal audit service and internal control service. In the article the authors analyze the specifics of organization and operation of the governing bodies of public law companies. The authors refer to the control bodies of public law company as audit committees, internal control services and internal audit services as the elements of management of a public law company. The authors make conclusions on the presence of the gaps and conflicts in the legislation regulating the activities of public law companies. Such gaps and conflicts reduce management efficiency in public law companies. The authors have developed recommendations aimed at improving the management system of public law companies in terms of improving the performance of various control bodies, eliminating the existing legislative deficiencies and increasing the efficiency of the implementation of control powers in order to improve the efficiency of the management system.
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Đorđević, Slavko. "INDIVIDUALNA KOMUNIKACIJA I AUTOMATIZOVANO PREGOVARANjE KOD ELEKTRONSKIH UGOVORA". In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujvcu, 2021. http://dx.doi.org/10.46793/uvp21.099dj.

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Тhis paper analyses the conflict-of-law regime for agency, where the main attention is given to the problem of determining applicable law for existence, extent and effects of agent’s authority (including effects of excess of authority and acting without authority), since Serbian Private International Law Act (SPILA) does not contain the special conflict-of-law rules for these issues. Having this in mind, the analysis is focused on whether the mentioned issues concerning agent’s authority should be governed by the law applicable to the internal relationship between principal and agent or by the law applicable to the contract between principal and third party, or it is necessary to create the new conflict-of-law rules for these issues in accordance with Art. 2 of SPILA that regulates filling the legal gaps. After providing the arguments against first two solutions, the author explains how to create the new conflict-of-law rules for existence, extent and effects of agent’s authority (including effects of excess of authority and acting without authority) in accordance with Art. 2 of SPILA.
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Moise, Andrei emil. "E-LEARNING AND MILITARY RULES ACROSS BATTLEFIELDS". In eLSE 2013. Carol I National Defence University Publishing House, 2013. http://dx.doi.org/10.12753/2066-026x-13-016.

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E-learning and military rules across battlefields Andrei-Emil Moise Hyperion University, Calarasi Street, Bucharest, Romania It is undoubtly true for any for any advised reader, that in all conflicts, either of internal or external nature certain rules need to obeyed. While most nations, if not all, agree that such limitations are required in order to protect both combatants and the civilian population of unnecessary torment, few chose to act in sharing to those interested the very set of law principles that should govern armed conflicts. Here is an area where e-learning can and should come in more and more effective. Some countries, the more unfortunate ones, financially speaking, tend to justify the most gruesome acts committed by their armed forces as a direct result of lack of information regarding humanitarian law. Such excuses should not be tolerated in any circumstance and, by the use of technology and the learning systems being upgraded and implemented every day errors and the thin excuse of blissfulness Perhaps such use is not the most common of e-learning techniques but it is nonetheless of utmost importance. In support of these things i shall bring opinions of renowned authors which are willing to award the media-technology ways of the present the most important role in the development of society in all it's domains. If we are to take those informations and rally them for but a second to the necessity of veridical data on all battlefields we are to discover how the most vital data (the ones regarding the protection and safekeeping of human lives) are to find the most beneficial way of traveling and being carried across the world nowadays.
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Kodaneva, Svetlana. "Resilience of the Constitutional Phenomena to Social Threats (the United Kingdom case)". In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.vicg9790.

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A noticeable trend in constitutional law in recent years has been a broad interpretation that allows referring to the subject of constitutional law, in addition to the provisions enshrined in the written constitution, also the sources of international and common law. This article is focused on the analysis of the risks arising from the recognition of constitutional principles formulated in various unwritten sources, such as traditions, doctrine and judicial interpretation. For this purpose, the experience of the United Kingdom is studied, a country that does not have a written constitution, and the legal system of which is based on constitutional principles enshrined in those various sources. At the same time, the Brexit process has become a clear example of a destabilising situation that has revealed internal conflicts and contradictions of the constitutional principles. The political processes, that accompanied the Brexit process and resulted in a constitutional crisis both at the horizontal (between the parliament and executive branch) and vertical (between the centre and regions) levels, are analysed. Based on the conducted study, it was concluded that the attribution to constitutional principles arising from international law and judicial practice is erroneous and is a dangerous phenomenon for the constitutional law. Consequently, a deep research into the nature of such ‘quasi-principles’ is required, revealing their place in the legal system of Russia, taking into account the hierarchy of principles, in which the principles arising from unwritten sources and international law should not be placed on the same level with constitutional principles directly enshrined in the Constitution of the Russian Federation.
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Soković, Snežana. "CONVICT AND/OR PATIENT - ETHICAL AND ORGANIZATIONAL ISSUES OF HEALTH CARE SERVICES IN PRISONS". In International scientific conference challenges and open issues of service law. Vol. 1. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko1.339s.

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Normatively highly developed standardization of the provision of health care services in penitentiary institutions fails to neutralize the extreme non- complementarity between the concept of health and the concept of prison. Prison in itself endangers the health of prisoners, and the experience of going to prison overlaps in many ways with the experience of a serious (incurable) disease. This internal contradiction also opens up a special organizational-ethical dimension of health care in prisons, due to which health care services in prisons still have a strong tendency to oscillate in the space between punishment and medical care, between control and human rights, and a convict with health problems is evidently not (still) in the same position as every other patient. Security reasons can often be in conflict with the principle of complete professional independence of the medical staff and the necessary relationship of confidentiality between the medical staff and the convict who needs medical assistance and care. The paper points out the contradictions and complementarity of the convict-patient position and discusses important issues of the ethics of prison medicine, as well as the organizational aspect of the health care system in penitentiaries.
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Приходько, Ольга Владимировна, e Бекжан Таалайбекович Таалайбеков. "RESEARCH OF THE STRATEGY OF BEHAVIOR IN A CONFLICT SITUATION OF THE FUTURE POLICE OFFICER". In Поколение будущего: сборник избранных статей Международной студенческой научной конференции (Санкт-Петербург, Март 2021). Crossref, 2021. http://dx.doi.org/10.37539/pb190.2021.50.52.006.

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В статье рассматривается проблема поведения в конфликте будущего полицейского. Дается определение конфликта, приводятся его классификации. Описаны результаты исследования «Стратегия и тактика поведения в конфликтной ситуации», проведенного среди слушателей курсов подготовки иностранных специалистов СибЮИ МВД России первого года обучения. The article deals with the problem of behavior in the conflict of the future police officer. The definition of the conflict is given, its classifications are given. The article describes the results of the study "Strategy and tactics of behavior in a conflict situation", conducted among students of the training courses for foreign specialists of the Siberian Law Institute of the Ministry of Internal Affairs of Russia in the first year of training.
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Zapata Alegria, Isabel. "PLANIFICACIÓN URBANA Y DESIGUALDAD SOCIO ESPACIAL ¿es una contradicción en la metrópoli actual?" In Seminario Internacional de Investigación en Urbanismo. Universitat Politècnica de Catalunya, Grup de Recerca en Urbanisme, 2024. http://dx.doi.org/10.5821/siiu.12756.

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Urban development is constantly evidencing contradictions: the city is, in essence, a place of conflict. This scenario puts democracies in tension with the public function exercised through urban planning, with effects on the distribution of public goods and services and the production of urban space. Is it possible to think of urban planning for the achievement of a just city in the current political-economic context? An answer is explored, based on an analytical framework of plans in communes with greater socio-economic vulnerability, from a historical perspective with different visions of integrated urban law in Chile. Thus, the instrumental content is contrasted in conceptual terms with the planning process. It concludes in a growing hybridism of practices, together with an internal contradiction between the purposes of a spatial planning model and the increasingly protagonist participatory and deliberative processes. Keywords: socio-spatial inequalities, planning process, just city. El desarrollo urbano está constantemente evidenciando contradicciones: la ciudad es, en esencia, un lugar de conflictos. Este escenario pone en tensión las democracias por la función pública ejercida a travès la planificación urbana, con efectos en la distribución de los bienes y servicios públicos y la producción del espacio urbano. ¿Es posible pensar en una planificación urbana para el logro de una ciudad justa en el actual contexto político - económico? Se explora una respuesta, a partir de un marco analítico de planes en comunas con mayor vulnerabilidad socioeconómica, desde una perspectiva histórica con diferentes visiones del derecho urbanístico integrado en Chile. Así, se contrasta el contenido instrumental en términos conceptuales con el proceso planificación. Se concluye en un creciente hibridismo de prácticas, junto con una contradicción interna entre los propósitos de un modelo de ordenamiento espacial y los procesos participativos y deliberativos cada vez más protagónicos. Palabras clave: desigualdades socio-espacial, proceso de planificación, ciudad justa.
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Narváez Tijerina, Adolfo Benito. "Imaginarios urbanos de una ciudad transfronteriza y su expresión en internet". In International Conference Virtual City and Territory. Rio de Janeiro: Universidade Federal do Rio de Janeiro, 2012. http://dx.doi.org/10.5821/ctv.7857.

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El trabajo trata sobre las divergencias y convergencias entre las imágenes de las arquitecturas y las ciudades mexicanas y estadounidenses de la ciudad red Reynosa- McAllen- Matamoros- Brownsville, en el contexto del desarrollo de los imaginarios del conflicto, fruto del contacto forzoso de los estadounidenses y los mexicanos. Se desarrolla la idea de que las grandes urbanizaciones que ahora ocupan espacios transfronterizos y sus arquitecturas a nivel de las calles, serán en el futuro los escenarios de conflictos por la reivindicación de antiguos agravios, mismos que se desarrollan en los imaginarios y se expresan en formas urbanas específicas. Se estudia una genealogía de arquitecturas y diseños urbanos de ambos lados de la frontera a través de su expresión en internet, para establecer los elementos que representan un choque de concepciones territoriales que hace notablemente divergentes ambos lados de la frontera México- estadounidense. This article is about the asymmetries between the images of the architectures and of the Mexican’s and USA’s cities of the net-city Reynosa-McAllen-Matamoros-Brownsville, in the context of the development of the imaginaries of conflict, fruit of the forced contact of the Americans and the Mexicans. It is developed the idea that the large urbanization that now occupies trans-frontiers spaces and its architectures at the level of streets, will be the future scenario of conflict for the claim of old offenses, these imaginaries are expressed in specific urban forms. We study a genealogy of architecture and urban design from both sides of the border through its expression on the Internet, to establish the elements that represent a clash of ideas that makes remarkably divergent territorial both sides of the US-Mexico border.
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Moroz, Oleg. "Approaches to ensuring sustainable business development in crisis conditions". In 4th Economic International Conference "Competitiveness and Sustainable Development". Technical University of Moldova, 2022. http://dx.doi.org/10.52326/csd2022.12.

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The article is devoted to consideration of issues related to ensuring the existence of business as such and creating conditions for its sustainable development in the future in the circumstances of the worsening of the crisis in the economic and political relations of the external environment of business as a whole, and the implementation of business activities in the conditions of martial law in Ukraine, in particular. The significant complication of conditions not only for business existence, but also the possibility of ensuring its sustainable development require special attention to be paid to the economic and social components of sustainable business existence and development. The economic component of a sustainable business in such conditions requires the improvement of operational activities through the wide implementation of a management concept that would ensure the long-term competitiveness of the enterprise without significant capital investments and current costs based on the economical use of resources based on the creation of effective relationships both between the work performers and between counterparties of the enterprise. An example of such an approach can be the production and management system "lean production". The social component of sustainable business in such conditions requires the formation of a socially responsible attitude to the organization of business activities and the social policy of business, which is associated with a number of contradictions and even certain conflicts of interests. In the current conditions, special attention must be paid to the definition of the approach to the implementation of this or that concept of the implementation of business activities as a socially responsible business, as well as to the relationship between the internal and external social policy of the business and their practical implementation depending on the current situation.
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Rapporti di organizzazioni sul tema "Internal conflicts of law"

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Peterson, Alex G. Order Out of Chaos: Domestic Enforcement of the Law of Internal Armed Conflict. Fort Belvoir, VA: Defense Technical Information Center, aprile 2001. http://dx.doi.org/10.21236/ada456597.

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Ibrahim, Raslan. Regional Organizations and Internal conflicts: The Arab League and the Arab Spring. E-papers Servicos Editoriais Ltda, maggio 2016. http://dx.doi.org/10.48207/23577681/bpcp0402.

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Ricciulli-Marín, Diana. The Fiscal Cost of Conflict: Evidence from La Violencia in Colombia. Banco de la República de Colombia, dicembre 2020. http://dx.doi.org/10.32468/chee.53.

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This paper studies the effect of internal conflict on local fiscal capacity using evidence from Colombia’s political conflict in the mid-20th century, better known as La Violencia. Following a difference-in-differences strategy, I find that internal conflict has negative long-term consequences in local fiscal capacity. More precisely, municipalities affected by La Violencia experienced an average reduction of 10.3% in their tax revenue and a fall of 2.8 percentage points on their ratio of taxes to total revenue. Effects lasted for more than a decade and are only partially explained by a population and economic activity downturn. These results are consistent with previous evidence indicating a negative effect of violence on tax collection efficiency at the local level.
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Wager, James B., e Jr. Towards the Attenuation of Hardship: Is There Room for Combatant Immunity in Internal Armed Conflicts? Fort Belvoir, VA: Defense Technical Information Center, agosto 2000. http://dx.doi.org/10.21236/ada381222.

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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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Moore, Mick. Glimpses of Fiscal States in Sub-Saharan Africa. Institute of Development Studies (IDS), ottobre 2021. http://dx.doi.org/10.19088/ictd.2021.022.

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There is a widespread perception that taxing in sub-Saharan Africa has been and remains fraught with problems or government failure. This is not generally true. For more than a century, colonial administrations and independent states have steadily developed the capacity to routinely collect more substantial revenues than one might expect in a low-income region. The two main historical dimensions of this collection capacity were (a) powerful, centralized bureaucracies focused on achieving revenue collection targets and (b) large, taxable international trade sectors. In recent decades, those centralized bureaucracies have to some extent been reformed such that in structure and procedure they resemble more closely tax administrations in OECD countries. More strikingly, nearly all states have adopted VAT and found it to be a very powerful revenue collection instrument. However, the tax share of GDP has been broadly constant for several decades, and it will be hard to increase it. It is difficult for African governments to effectively tax transnational corporations, especially in the mining and energy sectors, which are of growing importance. Tax administrations continue to approach richer Africans with a light touch, and to exaggerate the potential for taxing small-scale (‘informal’) enterprises. The revenue operations of sub-national governments are often opaque. Ordinary people often pay large sums in ‘informal taxes’ that are generally regressive in impact. And the standard direction of travel in the reform of tax policy and administration is not appropriate to those large areas, especially in the Sahel, that are afflicted by internal and cross-border armed conflicts.
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Lewis, Dustin, Radhika Kapoor e Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, dicembre 2021. http://dx.doi.org/10.54813/uzav2714.

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The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.
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Lewis, Dustin, Naz Modirzadeh e Gabriella Blum. Medical Care in Armed Conflict: International Humanitarian Law and State Responses to Terrorism. Harvard Law School Program on International Law and Armed Conflict, settembre 2015. http://dx.doi.org/10.54813/hwga7438.

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The surge in armed conflicts involving terrorism has brought to the fore the general question of medical care in armed conflict and the particular legal protections afforded to those providing such care to terrorists. Against this backdrop, we evaluate international humanitarian law (IHL) protections for wartime medical assistance concerning terrorists. Through that lens, we expose gaps and weaknesses in IHL. We also examine tensions between IHL and state responses to terrorism more broadly. In studying the IHL regime applicable to medical care, substantive fragmentation and gaps in legal protection between states and across types of conflict emerge. These ruptures are not new. But they are increasingly noticeable as terrorism is more frequently conceptualized as forming part of armed conflicts and as more states undertake aggressive responses to terrorist threats. The U.N. Security Council has been a key driver of these responses, requiring member states to take more and broader steps to obviate terrorist threats. Yet so far the Council has not required that, in doing so, states fully exempt impartial wartime medical care, even in circumstances that would render such care protected under IHL. Rather, the Council seems to consider providing medical assistance and supplies to al-Qaeda and its associates as at least a partial ground for designating those who facilitate such care as terrorists themselves. The overall result today is unsatisfactory. By prosecuting physicians for supporting terrorists through medical care in armed conflicts, some states are likely violating their IHL treaty obligations. But in certain other instances where states intentionally curtail impartial medical care there is no clear IHL violation. Both those actual IHL violations and the lack of clear IHL violations, we think, are cause for concern. The former represent failures to implement the legal regime. And the latter highlight the non-comprehensiveness - or, at least, the indeterminateness and variability - of the normative framework.
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Lewis, Dustin, Gabriella Blum e Naz Modirzadeh. Indefinite War: Unsettled International Law on the End of Armed Conflict. Harvard Law School Program on International Law and Armed Conflict, febbraio 2017. http://dx.doi.org/10.54813/yrjv6070.

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Can we say, definitively, when an armed conflict no longer exists under international law? The short, unsatisfying answer is sometimes: it is clear when some conflicts terminate as a matter of international law, but a decisive determination eludes many others. The lack of fully-settled guidance often matters significantly. That is because international law tolerates, for the most part, far less violent harm, devastation, and suppression in situations other than armed conflicts. Thus, certain measures governed by the laws and customs of war—including killing and capturing the enemy, destroying and seizing enemy property, and occupying foreign territory, all on a possibly large scale—would usually constitute grave violations of peacetime law. This Legal Briefing details the legal considerations and analyzes the implications of that lack of settled guidance. It delves into the myriad (and often-inconsistent) provisions in treaty law, customary law, and relevant jurisprudence that purport to govern the end of war. Alongside the doctrinal analysis, this Briefing considers the changing concept of war and of what constitutes its end; evaluates diverse interests at stake in the continuation or close of conflict; and contextualizes the essentially political work of those who design the law. In all, this Legal Briefing reveals that international law, as it now stands, provides insufficient guidance to precisely discern the end of many armed conflicts as a factual matter (when has the war ended?), as a normative matter (when should the war end?), and as a legal matter (when does the international-legal framework of armed conflict cease to apply in relation to the war?). The current plurality of legal concepts of armed conflict, the sparsity of IHL provisions that instruct the end of application, and the inconsistency among such provisions thwart uniform regulation and frustrate the formulation of a comprehensive notion of when wars can, should, and do end. Fleshing out the criteria for the end of war is a considerable challenge. Clearly, many of the problems identified in this Briefing are first and foremost strategic and political. Yet, as part of a broader effort to strengthen international law’s claim to guide behavior in relation to war and protect affected populations, international lawyers must address the current confusion and inconsistencies that so often surround the end of armed conflict.
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Coelho, Daphne, Thomaz Teodorovicz, André Martínez Fritscher, Renata Motta Café, Sergio G. Lazzarini e Jorge Norio Rezende Ikawa. Monitoring the Governance of State-Owned Enterprises: Assessing the Impact of Brazilian Corporate Governance Reforms. Inter-American Development Bank, maggio 2024. http://dx.doi.org/10.18235/0012994.

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Abstract (sommario):
State-owned enterprises (SOEs) are often justified for correcting market failures, providing essential public services, and fulfilling social objectives. Yet, SOEs face unique governance challenges as agency conflicts usually increase with state ownership. This paper examines Brazil's efforts to address agency conflicts in SOEs, including new legislation (Law 13303 of 2016, the “Law on SOEs”) establishing stringent criteria for the appointment of executives and for the accountability and a complementary monitoring mechanism known as IG-SEST. Using the difference-in-differences methodology, we assess the impact of those interventions on SOEs profitability and labor productivity. Although no significant effect of the more-stringent governance requirements of the Law on SOEs was detected, the group of federal SOEs, which adopted the IG-SEST monitoring mechanism, significantly increased their profitability compared to similar municipal and state SOEs. Because IG-SEST anchored its indicators in corporate governance parameters specified in the Law on SOEs, this result can be interpreted as potential evidence that institutional changes might require complementary mechanisms for effective implementation. These findings are consistent with previous work suggesting that corporate governance might require broader institutional reforms, including fiscal policies to mitigate government action with a negative effect on the performance and solvency of SOEs.
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