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Articoli di riviste sul tema "International law – political aspects"
1
Vasiliev, A. A., A. E. Uzhanov e Yu V. Pechatnova. "Memorial Law: National and International Aspects". Journal of Law and Administration 19, n. 4 (6 febbraio 2024): 63–84. http://dx.doi.org/10.24833/2073-8420-2023-4-69-63-84.
Testo completoAbstract (sommario):
Introduction. This article conducts an interdisciplinary study of memory policy, which includes terminological explication and legal analysis of concepts similar in meaning, assessment of the relevance and need to legalize terms related to memory policy, determination of the effectiveness of official memory policy, prediction of its political and social consequences in the long term and exploring the normative limits of national memorial legislation. The purpose of the study is the conceptualization of memorial law.Materials and methods. The main research method is participant observation of the processes of implementation in Russian society and abroad of the concepts of national, historical and social memory, as well as the construction of norms and regulations for establishing legal relations in the field of conservation of military memorial heritage objects. Methods of express diagnostics of problem situations, legal assessment of incidents, sociological and expert surveys (including questionnaires and testing), and modeling were used.Research results. As a result of the study, the need to develop a special federal law on the protection of the military memorial heritage of the Russian Federation, as well as the development of an international (universal) Charter (Convention) on the protection of military memorial heritage sites formed as a result of the Second World War, was substantiated. Discussion and conclusion. It has been established that there is no single position in the scientific community regarding the need for memorial legislation. This largely depends on the political and ideological preferences of a particular author. At the same time, it was concluded that in legal science the conceptual foundations for the formation of memorial law as a special legal complex for the preservation, transmission and protection of historical memory and memorial (war memorial) heritage have been poorly studied. In addition, both at the level of legal doctrine and according to law enforcement practice, the issue of the status and legal means of preserving military memorial heritage has been practically not studied. In this connection, the authors propose the development of a Union Nation Charter for the Protection of Military Memorial Heritage for the purpose of holistic and comprehensive legal regulation of the area under study.
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Klabbers, Jan. "Towards a Political Economy of International Organizations Law". International Organizations Law Review 20, n. 1 (7 giugno 2023): 82–101. http://dx.doi.org/10.1163/15723747-20010005.
Testo completoAbstract (sommario):
Abstract This article is part of the Special Forum on Contested Fundamentals of the Law of International Organizations. It endorses a possible political economy of international organizations law, and explains why such would be desirable. The dominant approach to international organizations is unable to explain much of what is going on, and thus needs to be replaced by an approach more sensitive to the economic and organizational aspects of international organizations.
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Mammadov, Sadir Surkhay. "International Law and the Nagorno–Karabakh War: Opinion on Political Aspects". Polish Political Science Yearbook 45 (1 dicembre 2016): 385–90. http://dx.doi.org/10.15804/ppsy2016028.
Testo completo
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ZADOROZHNA, Svitlana. "Political and Moral Aspects of Guaranteeing the Principles of International Law". European Journal of Law and Public Administration 5, n. 1 (20 ottobre 2018): 156–62. http://dx.doi.org/10.18662/eljpa/36.
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McKeown, Ryder. "International law and its discontents: Exploring the dark sides of international law in International Relations". Review of International Studies 43, n. 3 (30 marzo 2017): 430–52. http://dx.doi.org/10.1017/s0260210517000092.
Testo completoAbstract (sommario):
AbstractInternational law is generally considered to be a good thing. With important exceptions, such as Critical Legal Studies, scholarship in both International Relations (IR) and International Law (IL) reinforces this ‘nice law’ assumption and therefore overlooks or underestimates the law’s negative aspects. In contrast, this article assumes the power of international law to examine how international law can have effects that are unintended, unhelpful, or even perverse. In particular, I argue that international law distorts policy- and decision-making processes in liberal democracies by eroding personal responsibility and decreasing accountability; legal expertise and legal virtues crowd out important virtues of statecraft and prudence while shrinking our capacity for sophisticated moral and political thought; and an excessive focus on law can lead to suboptimal foreign policy outcomes. Rather than law being a bad thing per se, I examine the significant strategic and moral limits of international law. This raises the need to lower our expectations of international law, carefully examine the relationship between power and international law, and political responsibility and legal ethics, and more fully embrace our own personal responsibility. The article closes by suggesting a research programme on the dark sides of international law from various theoretical perspectives.
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Ratushny, S. "INTERNATIONAL MIGRATION LAW: HISTORICAL AND LEGAL ASPECTS OF ESTABLISHMENT". Scientific Notes Series Law 1, n. 13 (marzo 2023): 166–71. http://dx.doi.org/10.36550/2522-9230-2022-13-166-171.
Testo completoAbstract (sommario):
The article examines the historical and legal aspects of the emergence and development of international migration law. An attempt is made to study the patterns of evolutionary development of international legal regulation of relations in the field of international migrations, the place and conceptual foundations of international migration law as a separate branch of international public law. The growth of migration flows, their acquisition of new quantitative and qualitative characteristics, being determined by economic, ecological, military-political, demographic and other factors, exerts a strong influence on all aspects of the functioning of the world system, becoming an indispensable component of many spatial changes that determine the essence of territorial identity social groups and form a new culture of thinking, which is based on various social norms, including the principles and norms of international law. The most obvious and effective way of regulating international migration, taken in the dynamics of qualitative changes in its trends and forms, social relationships, socio-economic and political-legal processes, development of technical capabilities of means of communication, is its international legal regulation, carried out as universal and at the regional levels of interstate cooperation, taking into account the evolution and historical development of international legal doctrine and practice. At the same time, the accuracy of the expected assessment of the results of international legal regulation directly depends on the adequacy of the understanding of the legal nature, essence and place of international migration law in the general legal system. It should be fundamental to understand and accept the thesis that the ideology and philosophy of legal regulation of relations in the field of international migration is based on the thesis of the need to find and ensure a balance between state sovereignty - the cornerstone of the international legal order and freedom of movement - one of the basic human freedoms. These basic elements remained practically unchanged during the entire historical period of international legal regulation of relations in the field of international migrations, although the level of tension between them and the ways of articulation of the latter changed throughout the history of international law at the doctrinal level and in the practice of state approaches.
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The Review. "ASPECTS OF DISSEMINATION". International Review of the Red Cross 27, n. 257 (aprile 1987): 152–54. http://dx.doi.org/10.1017/s0020860400025286.
Testo completoAbstract (sommario):
The year 1977 may be considered a turning point for the dissemination of knowledge of international humanitarian law and the Principles and the ideals of the International Red Cross and Red Crescent Movement. If we briefly review events of that year, we see that from 21 to 30 March 1977 the first European Red Cross Seminar on the Dissemination of the Geneva Conventions, organized by the Polish Red Cross and the ICRC, was held in Warsaw. Representatives of European and North American National Societies and of the ICRC and the League attended the seminar which adopted the following principles:«Although dissemination of knowledge of international humanitarian law is a responsibility of governments, it should be a direct concern of the Red Cross in general and particularly of each National Society in its own country.
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Kusumaningrum, Adi. "Recent Development in International Treaties Relating to Aviation: New Standardization of International Air Law". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, n. 02 (2020): 268–88. http://dx.doi.org/10.22304/pjih.v7n2.a7.
Testo completoAbstract (sommario):
Globalization is identified with the development of treaties into national domain law. Initially, such treaties did not appear as legal regulations but as standard/harmonized-setting for member states. Since the establishment of Chicago Convention on Civil Aviation, 1944, treaties on aviation keep developing well both on the aviation operational technique and economic aspect. Those treaties nowadays have turned into the source of international aviation law. Treaty has been one of the bases of domestic law for almost nations in the world. As a result, the global requirements need to be adjusted into national law of states. States are bound both legally and politically to verdicts of International organizations. The process of regulation and decision making in International organizations should be based on democratic procedures of member states either in the construction of final draft or in negotiation and arrangement of regulation or resolution drafts. Specifically, this article discusses recent development of international treaties relating to aviation from both operational and economic aspects. Following Assembly 39th Session, ICAO, member states of ICAO, including Indonesia, made several multilateral agreements. The ratification of International treaties should consider the effects on legal, political, and security aspects. For Indonesia, one of the aspects that should never be neglected is strategic airspace, both geographically and geopolitically.
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Kusumaningrum, Adi. "Recent Development in International Treaties Relating to Aviation: New Standardization of International Air Law". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, n. 02 (2020): 268–88. http://dx.doi.org/10.22304/pjih.v7n2.a7.
Testo completoAbstract (sommario):
Globalization is identified with the development of treaties into national domain law. Initially, such treaties did not appear as legal regulations but as standard/harmonized-setting for member states. Since the establishment of Chicago Convention on Civil Aviation, 1944, treaties on aviation keep developing well both on the aviation operational technique and economic aspect. Those treaties nowadays have turned into the source of international aviation law. Treaty has been one of the bases of domestic law for almost nations in the world. As a result, the global requirements need to be adjusted into national law of states. States are bound both legally and politically to verdicts of International organizations. The process of regulation and decision making in International organizations should be based on democratic procedures of member states either in the construction of final draft or in negotiation and arrangement of regulation or resolution drafts. Specifically, this article discusses recent development of international treaties relating to aviation from both operational and economic aspects. Following Assembly 39th Session, ICAO, member states of ICAO, including Indonesia, made several multilateral agreements. The ratification of International treaties should consider the effects on legal, political, and security aspects. For Indonesia, one of the aspects that should never be neglected is strategic airspace, both geographically and geopolitically.
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Charlesworth, Hilary, Christine Chinkin e Shelley Wright. "Feminist Approaches to International Law". American Journal of International Law 85, n. 4 (ottobre 1991): 613–45. http://dx.doi.org/10.2307/2203269.
Testo completoAbstract (sommario):
The development of feminist jurisprudence in recent years has made a rich and fruitful contribution to legal theory. Few areas of domestic law have avoided the scrutiny of feminist writers, who have exposed the gender bias of apparently neutral systems of rules. A central feature of many western theories about law is that the law is an autonomous entity, distinct from the society it regulates. A legal system is regarded as different from a political or economic system, for example, because it operates on the basis of abstract rationality, and is thus universally applicable and capable of achieving neutrality and objectivity. These attributes are held to give the law its special authority. More radical theories have challenged this abstract rationalism, arguing that legal analysis cannot be separated from the political, economic, historical and cultural context in which people live. Some theorists argue that the law functions as a system of beliefs that make social, political and economic inequalities appear natural. Feminist jurisprudence builds on certain aspects of this critical strain in legal thought. It is much more focused and concrete, however, and derives its theoretical force from immediate experience of the role of the legal system in creating and perpetuating the unequal position of women.
Tesi sul tema "International law – political aspects"
1
Verhaegen, Benoît M. "Aspects légaux des communications aéronautiques mobiles par satellites". Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26226.
Testo completoAbstract (sommario):
The new ICAO CNS/ATM (Communication, Navigation, Surveillance/Air Traffic Management) concept, based on satellite use, entails globalisation of these new air navigation systems.Concerning the communications, the concept's architecture includes those for security as well as administrative communications of airlines and public correspondence of passengers.
From this point of view, the requested globalisation will lead to regulatory and institutional changes, especially for non-security communications as they are regulated by each State overflown, according to Article 30 of the Chicago Convention.
Every legal solution, of course, must take into account the chosen technology. In this domain, the experience of INMARSAT, with the mobile maritime communications by satellites, will be of tremendous importance.
A period of transition, with regional initiatives, will be necessary too before the general implementation of the CNS/ATM concept.
2
Von, Erlach Burkhart. "Public law aspects of lease, charter and interchange of aircraft in international operations". Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59586.
Testo completoAbstract (sommario):
Lease, charter and interchange have become more and more important throughout the last decades. The International Civil Aviation Organization could not ignore that reality. In 1980 after a long preparatory work Article 83bis, an amendment to the Chicago Convention on International Civil Aviation was adopted by the 23rd Assembly without any negative votes. Yet, in 1990, this amendment, which enables the State of Registry, which is responsible for the operation of the aircraft even if flying with an operator of another state, to transfer its functions and duties to the State of the Operator.This thesis takes a closer look on the history of that amendment. The reasons why Article 83bis is still not in force shall also be discussed. An attempt shall further be made to analyze the provisions of Article 83bis more thoroughly and to explain why states should no longer hesitate to ratify that amendment. Article 83bis has no controversial content and is very important for the safety of international air transportation, in establishing clearly who is responsible for a leased, chartered or interchanged aircraft.
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Kayser, Valérie. "Legal aspects of private launch services in the United States". Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60462.
Testo completoAbstract (sommario):
The last decade has witnessed the development of a private launch industry. Under international space law, in particular the Outer Space Treaty of 1967, States shall supervise and authorize the activities of their nationals, including private launch companies, in Outer Space. In the United States, a substantial set of regulations has been elaborated to exercise this control over the activities of the private launch industry. This thesis analyzes, in a first chapter, the evolution which led to these regulations. The Commercial Space Launch Act of 1984 and the subsequent regulations issued by the Office of Commercial Space Transportation, regarding the licensing process are dealt with in the second chapter. The third chapter examines the most important practical legal issue relating to private launch services, namely liability and insurance.
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Correia, e. Silva Benilde. "Some legal aspects of flight information regions". Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59573.
Testo completoAbstract (sommario):
This thesis broadly seeks to present some relevant legal aspects concerning Flight Information Regions (FIRs) and to analyze State responsibility vis-a-vis FIRs, as well as liability incurred by States on account of acts and omissions while discharging their responsibilities.The first part of this thesis is a presentation of the international rules and regulations applicable to FIRs, their legal implications and the extent to which they create obligations for States.
Some relevant problems (accidents, airspace congestion, unlawful interference) likely to present an additional challenge for the discharge of responsibilities with regard to FIRs are also considered.
Settlement of differences between States deserves special attention and is discussed in the light of the judicial machinery provided under the Chicago Convention 1944.
Finally, the liability of States is analyzed and the need for a strict liability regime and a policy of risk management is considered.
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Swiecicki, Ewa. "Legal aspects of licensing of airline transport pilots : international standards versus Canadian aviation safety regulations". Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61155.
Testo completoAbstract (sommario):
The laws and regulations governing certification of aviation personnel constitute one of the essential elements of aviation legislation. They have a significant effect upon the global safety of the civil air transportation system.This dissertation aims at describing the existing regulations in the field of pilot licensing. Its scope is narrowed down to the highest category of licence applicable to professional pilots and known as the airline transport pilot licence. The thesis depicts and analyses the process of creation and the contents of licensing standards and recommended practices as developed by various ICAO bodies and incorporated in Annex 1 to the Chicago Convention.
The survey of pilot licensing system currently in force in Canada provides the example of domestic legislation applicable in this respect. It is performed with the aim of exploring the compatibility of Canadian law with the global legal requirements as prescribed in Annex 1 and other supporting ICAO documentation.
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Ghonaim, Mahmoud. "The legal aspects of aviation finance in developing countries /". Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59937.
Testo completoAbstract (sommario):
The assessment of benefits and costs in determining national and international aviation policy by the developing countries differs markedly from that used for advanced countries.The treatment of the subject matter begins in Chapter I with an overview of the aviation industry and its financing Historical Review. Chapter II deals with the problem of recognition of title and security rights in aircraft under international law. Chapter III contains a detailed consideration of the types of commonly used security instruments in aircraft financing. Chapter IV sets out an overview of financing in developing countries, Chapter V contains a study of the various problems facing the asset financing of aircraft in the Third World and possible solutions.
In the last three chapters, emphasis will be placed on regional aviation issues.
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Ancel, Marie-Eve Zoe. "Les aspects juridiques du transport des œuvres d'art /". Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34007.
Testo completoAbstract (sommario):
Not only usual goods are carried: some of a particular nature need particular regulations. The transportation of dangerous goods regulated by specific international rules is a good illustration while the example of artworks carried to be exposed in temporary exhibitions is less famous. Their material protection is insured by museum professionals and specialized carriers. Their legal protection is insured on two levels: on one side, detailed customs procedures are set up to regulate their movement; moreover, specific contractual rules have been created by professionals, but they do apply international conventions relative to international carriers liability. On the other side, one usually chooses specific insurance policy called "a nail to nail" contract. Confidentiality and mutual trust are the keystone to gain success in matter of transportation of artworks.
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Thuilleaux, Sabine 1961. "Aspects compares des regimes juridiques de l'arbitrage au Quebec et en France : droit interne - droit international prive". Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59843.
Testo completoAbstract (sommario):
In 1986, Quebec adopted the Act to amend the Civil Code and the Code of Civil Procedure in respect of Arbitration and thereby established a new and modern regime for contractual arbitration. The new regime includes provisions to facilitate execution in Quebec of arbitral awards rendered outside the province.This thesis deals with certain aspects of the new regime, comparing it with the well-established French law of arbitration, which has abundant caselaw covering both domestic and international arbitration. Emphasis is placed on the manner in which Quebec courts have applied the new arbitration law in comparison with French judicial practice.
The first part of the thesis deals with domestic arbitration, focussing on contractual and jurisdictional issues. This is done through an examination of the arbitration agreement, the arbitration procedure, the award, as well as the execution of the award and remedies to set it aside.
International arbitration is treated in the second part. The definition of international arbitration, the validity and autonomy of the arbitration agreement, the choice of law relating to the procedure and the dispute itself are reviewed, as is the execution of foreign awards--that is, those rendered outside Quebec or rendered in Quebec but in the context of an international dispute.
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Lebesgue, Sonia. "Principes de protection du patrimoine architectural mondial = Legal and theoretical aspects of architectural conservation". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0017/MQ55103.pdf.
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Du, Plessis Marthinus Johannes. "The international political economy of the Cartagena Protocol on biosafety". Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52543.
Testo completoAbstract (sommario):
Thesis (MA)--University of Stellenbosch, 2001.ENGLISH ABSTRACT: The development of the global biotechnology industry largely coincided with the development of the US biotechnology industry. This resulted in this industry's oligopolistic and centralised nature where only a few multinational chemical and pharmaceutical companies control most biotechnology processes and production of commodities emanating from these processes. The governance of biotechnology has, until recently, been dominated by state actors who have endeavoured to secure national interests, including those of large multinational corporations (MNCs) based within their boundaries. The technological ability of developed states to exploit and use unevenly distributed resources to their advantage means that an uneven relationship exists between these and poor developing countries. This has been highlighted by differences in public opinion about the role and application of biotechnology in society. While some opinions favour the use and application of biotechnology to enhance food supplies and boost production levels and trade, other opinions caution against the possible hazards that genetically manipulated organisms (GMOs) hold for the environment and human existence. The commercialisation of biotechnology has resulted in the exponential growth of genetically manipulated crops in especially the United States and countries like Argentina and Canada. These countries produce large surpluses of staple grains such as corn and soya and try to sell these to countries with food supply problems. The clash in commercial interests stemming from developed countries' insistence on the protection of intellectual property rights (IPR) on genetically manipulated (GM) seeds has caused considerable conflict with poor farmers who will not be able to sustain their livelihoods if they cannot save seeds for future harvests. This is one aspect of the problems surrounding the protection of knowledge products that is exacerbated by the scientific uncertainty pertaining to the risk involved with biotechnology. While some observers agitate for precaution with the use of GMOs, others feel that a lack of scientific proof of harm is sufficient grounds for proceeding with developments in biotechnology. Conversely, there are some that feel that biotechnology is market driven instead of human needs driven, ultimately resulting in developing countries receiving very little benefit from it. The Cartagena Protocol on biosafety was drafted to address some of the difficulties involved with the transboundary movement of GMOs. Although it holds very specific advantages for developing countries, as a regulatory framework it is limited in its scope and application. Developing countries are limited in their policy options to address their need to protect biodiversity and secure their food supply. This means that considerable challenges and constraints await these countries in utilising global governance of public goods and building their human and technological capacities.
AFRIKAANSE OPSOMMING: Die ontwikkeling van die globale biotegnologie-industrie het grootliks saamgeval met die ontwikkeling van die Verenigde State se biotegnologie-industrie. Dit het aanleiding gegee tot hierdie industrie se oligopolistiese en gesentraliseerde aard waar slegs enkele multinasionale chemiese en farmaseutiese maatskappye die meeste biotegnologie prosesse en die vervaardiging van kommoditeite uit daardie prosesse beheer. Die regering van biotegnologie was tot onlangs oorheers deur staatsakteurs wie gepoog het om nasionale belange te beskerm, insluitend die belange van multinasionale korporasies (MNK) wat vanuit hulle grondgebied funksioneer. Die tegnologiese vermoë van ontwikkelde state om oneweredig verspreide hulpbronne tot eie gewin te benut beteken dat 'n ongelyke verhouding bestaan tussen hierdie en arm ontwikkelende state. Dit word beklemtoon deur verskille in openbare mening oor die rol en aanwending van biotegnologie in die samelewing. Terwyl sekere opinies ten gunste van die aanwending van biotegnologie vir die verbetering van voedselbronne en produksievlakke en handel is, dui ander opinies op die moontlike gevare wat geneties gemanipuleerde organismes (GMOs) vir die omgewing en menslike voortbestaan inhou. Die kommersialisering van biotegnologie het gelei tot die eksponensiële groei van geneties gemanipuleerde gewasse in veral die Verenigde State en state soos Argentinië en Kanada. Hierdie state produseer groot hoeveelhede stapelgrane soos mielies en soja en poog om dit te verkoop aan state met voedselvoorsieningsprobleme. Die botsing in kommersiële belange wat spruit uit ontwikkelde state se aandrang op die beskerming van intellektuele eiendomsreg op geneties gemanipuleerde saad veroorsaak beduidende konflik met arm landbouers wie nie hulle lewensonderhoud kan verseker as hulle nie saad kan berg vir toekomstige saaiseisoene nie. Dit is een aspek van die problematiek rondom die beskerming van kennisprodukte wat vererger word deur die wetenskaplike onsekerheid wat gepaard gaan met die risiko's van biotegnologie. Terwyl sekere waarnemers vir waaksaamheid pleit in die gebruik van GMOs, is daar ander wat voel dat 'n gebrek aan wetenskaplike bewyse van skade genoegsame gronde is vir die voortsetting van ontwikkelings in biotegnologie. Insgelyks is daar diegene wat meen dat biotegnologie markgedrewe in plaas van menslike behoefte gedrewe is, wat uiteindelik daartoe lei dat ontwikkelende state baie min voordeel daaruit trek. Die Kartagena Protokoloor bioveiligheid is opgestel om van die probleme betrokke by die oorgrens verskuiwing van GMOs aan te spreek. Hoewel dit spesifieke voordele vir ontikkelende state inhou is dit as reguleringsraamwerk beperk in omvang en aanwending. Ontwikkelende state het beperkte beleidsopsies om hulle behoefte om biodiversiteit te beskerm en voedselvoorsiening te verseker, aan te spreek. Dit beteken dat beduidende uitdagings en beperkings hierdie state in die benutting van globale regering van openbare goedere vir die bou van menslike en tegnologiese kapasiteite in die gesig staar.
Libri sul tema "International law – political aspects"
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P, Trachtman Joel, a cura di. International law and politics. Aldershot, Hants, England: Ashgate, 2008.
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R, Lefeber, Fitzmaurice M e Vierdag E. W. 1940-, a cura di. The Changing political structure of Europe: Aspects of international law. Dordrecht: M. Nijhoff, 1991.
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Stephan, Kinsella N., a cura di. Protecting foreign investment under international law: Legal aspects of political risk. Dobbs Ferry, N.Y: Oceana Publications, 1996.
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Abbott, Kenneth W. Law and politics of international organizations. Cheltenham, UK: Edward Elgar Publishing, 2015.
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1945-, Armstrong J. D., a cura di. Routledge handbook of international law. Milton Park, Abingdon, Oxon [UK]: Routledge, 2008.
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Dyzenhaus, David. The rule of administrative law in international law. New York, NY: Institute for International Law and Justice, New York University School of Law, 2004.
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Dyzenhaus, David. The rule of administrative law in international law. New York, NY: Institute for International Law and Justice, New York University School of Law, 2004.
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Hsiung, James Chieh. Anarchy & order: The interplay of politics and law in international relations. Boulder, Colo: Lynne Rienner Publishers, 1997.
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Oyebode, Akin. International law and politics: An African perspective. Lagos, Nigeria: Bolabay Publications, 2003.
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Keohane, Robert O. Institutions, law and governance in a partially globaized world. New York: Routledge, 2002.
Cerca il testo completoCapitoli di libri sul tema "International law – political aspects"
1
Vasilenko, Ekaterina, e Ekaterina Bliznetskaya. "International Environmental Law and Law of the Sea: Analysis of Legal and Political Aspects of Institution Interaction". In Sustainability and Law, 519–39. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-42630-9_26.
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Evola, Marco, Julia Jungfleisch e Tanasije Marinković. "Human Rights Law Through the Lens of the Gender Perspective". In Gender-Competent Legal Education, 217–60. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-14360-1_7.
Testo completoAbstract (sommario):
AbstractThis chapter will provide an overview on several aspects of the gender perspective in Human Rights Law. The chapter will therefore look at the civil and political rights from a gender perspective, as well as social, economic and cultural rights of women, non-binary and LGBTIQA+ persons. The aim is to increase the students’ awareness for the gender perspective in international human rights protection, by providing an overview of currently discussed issues in this area. Such issues include the prohibition of gender-based violence, contemporary forms of slavery and trafficking in persons, the freedom of religion, the right to private life, access to justice for women, women’s (political) empowerment, the prohibition of economic and social discrimination, and women’s right to education.
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Dute, Jos, e Herman Nys. "International Aspects". In Tort and Insurance Law, 351–58. Vienna: Springer Vienna, 2004. http://dx.doi.org/10.1007/978-3-7091-0601-3_14.
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Tabak, Jana. "“Children Without Childhood”: Representations of the Child-Soldier as an International Emergency". In The Politics of Children’s Rights and Representation, 161–80. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-04480-9_7.
Testo completoAbstract (sommario):
AbstractConsidering the prevailing discourse about the child-soldier, whose most iconic figure is a poor, vulnerable, prepubescent, male African who carries a gun bigger than he is, this chapter investigates how child-soldiers are invariably framed as an essentially deviant and pathological child—and as such a threat to world security—in need of solution. Regardless of many historical examples of children’s participation in war, the child-soldier is assumed to be a new international emergency, an exception to the norm of the child, owing primarily to the outbreak of “new wars” in the post–Cold War era. The focus of this chapter turns to two main discourses that articulate and authorize the limits that (re)produce the child-soldier as an international problem, setting boundaries within which only certain subjects, narratives and responses are admitted: (1) the discourse of the law, that is, international legal standards that articulate children’s participation in war as something that is wrong and must be banned under international law; and (2) what I call the “discourse of the norm,” which is analyzed through the three contrasting images of the child-soldier as dangerous and disorderly, the hapless victim, and the redeemed hero, as identified by Myriam Denov (Child Soldiers: Sierra Leone’s Revolutionary United Front. Cambridge, UK: Cambridge University Press, 2010). The discourse of the norm, in particular, makes visible child-soldiers as a pathology, excluding their aspects of disorder, dysfunction, and risk from the accepted boundaries of what is to be a child and its childhood. In this case, it is not only that children’s participation in wars is wrong, but it is absolutely abnormal once their childhood has been lost together with any semblance of the “civilized world.” At the end of the day, the logic of opposite extremes—to be a child-soldier is to be an innocent victim or to be a feared monster—operates to (re)produce children as targets of international intervention (or protection) with no chance of autonomous decision-making; child-soldiers are either the objects of exploitation or the objects of salvation.
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Pyaneandee, Coomara. "Participation in Political and Public Life". In International Disability Law, 107–22. New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9780429489426-7.
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Pisillo Mazzeschi, Riccardo. "Protection of Political Activities". In International Human Rights Law, 423–31. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-77032-7_22.
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McDonald, Gabrielle Kirk, e Olivia Swaak-Goldman. "International Covenant on Civil and Political Rights". In Substantive and Procedural Aspects of International Criminal Law, 193–201. BRILL, 2000. http://dx.doi.org/10.1163/9789004531406_020.
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Patrick J, O’Keefe. "Part II Substantive Aspects, Ch.13 Underwater Cultural Heritage". In The Oxford Handbook of International Cultural Heritage Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198859871.003.0013.
Testo completoAbstract (sommario):
This chapter focuses on underwater cultural heritage. This form of heritage is important because it constitutes what has been called a ‘time capsule’—meaning everything on a site may well be as it was when it disappeared beneath the water’s surface. It may be the wreck of a ship, the remains of a town, or a prehistoric settlement where land has subsided. There is general agreement that what remains is important to humanity. As such, protection and preservation of the underwater cultural heritage is a significant objective of the international legal system. The UNESCO Convention of 2001 is illustrative of this. However, the Convention exists within the international political and legal framework. In negotiating it, States were constrained by what they felt this framework required. Many were prepared to be generous in how they interpreted those requirements—others not so. The result is a complex agreement requiring care in implementation.
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Stephen C, McCaffrey. "Part IV Fundamental Rights and Obligations, D Dispute Avoidance and Settlement, 14 Dispute Avoidance and Settlement: Selected Aspects". In The Law of International Watercourses. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198736929.003.0014.
Testo completoAbstract (sommario):
This concluding chapter highlights two propositions concerning the avoidance and settlement of disputes, specifically in the field of international watercourses. The first proposition is that it is believed desirable that problems relating to international watercourses be resolved on the private level, through courts and administrative bodies, insofar as possible and appropriate. Private dispute resolution will usually bring relief to the individuals concerned more expeditiously than diplomatic procedures and will tend to keep disputes from becoming overblown and unnecessarily politicized. The second proposition concerns the use of expert bodies for fact-finding and resolution of disputes. The proposition is that differences and disputes can often be avoided and resolved on a non-political level through joint technical bodies, and that states sharing international watercourses should therefore make provision for the use of such entities.
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James A R, Nafziger. "Part II Substantive Aspects, Ch.6 The Responsibilities to Protect Cultural Heritage and Prevent Cultural Genocide". In The Oxford Handbook of International Cultural Heritage Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198859871.003.0006.
Testo completoAbstract (sommario):
This chapter assesses the concept of a State’s limited responsibility to protect persons against atrocities (R2P). Though still quite new, R2P is already respected and modestly operational as a political principle or, arguably, as soft law. It is importantly related to the international crime of genocide, as acknowledged, for example, by the title and mission of the United Nations Office on Genocide Prevention and the Responsibility to Protect. The chapter then looks at the applicability of R2P to cultural heritage, introducing the concepts of cultural genocide and cultural cleansing against a background of armed conflict. With reference to R2P, the intentional mass destruction of cultural material already has been accepted under international law as evidence of atrocity crimes against persons. Somewhat paradoxically, however, although cultural genocide has become prominent in international discourse as a threat to fundamental human rights and global order, it lacks a secure foundation in international law.
Atti di convegni sul tema "International law – political aspects"
1
Saeed, Kurdistan, e Chawan Salah. "Electoral systems applied to the Iraqi parliament elections after 2003 (comparative analytical study)". In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp277-289.
Testo completoAbstract (sommario):
This study deals with the electoral systems applied in Iraq after 2003 for the Iraqi Parliament elections. The issue's importance lies in the fact that elections are the legitimate means adopted by modern political systems based on the separation of powers. Therefore, after changing the political system in Iraq in 2003 from a one-party system to a democratic parliamentary system, the permanent constitution of 2005 granted the right to political participation for citizens. Including the right to participate in elections through nomination or candidacy for the Iraqi Council of Representatives, this study examines the electoral systems applied after 2003 and the reasons for the instability of the Iraqi parliament elections on a specific law. The study dealt with the types of electoral systems by focusing on the concept and emergence of elections and the most critical electoral systems adopted by political systems. Furthermore, the electoral systems applied after 2003 in the Iraqi parliament elections by focusing on the electoral laws or their amendments that preceded each electoral cycle since 2003 until now. The study concluded that the electoral system in Iraq was not legally stable; several amendments have been made to the laws regulating the elections for the House of Representatives. So the two elections did not repeat under one law because of political parties' criticism leveled at it. Moreover, the attempt by the large parliamentary blocs, through their control of the Iraqi Council of Representatives, to legislate laws that limit the victory of the blocs and small parties.
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Ahmad, Shamall. "Electoral system as a motivation to reforming political system- The Iraqi model". In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp290-310.
Testo completoAbstract (sommario):
The flaws and major flaws in the political systems represent one of the main motives that push the political elite towards making fundamental reforms, especially if those reforms have become necessary matters so that: Postponing them or achieving them affects the survival of the system and the political entity. Thus, repair is an internal cumulative process. It is cumulative based on the accumulated experience of the historical experience of the same political elite that decided to carry out reforms, and it is also an internal process because the decision to reform comes from the political elite that run the political process. There is no doubt that one means of political reform is to push the masses towards participation in political life. Changing the electoral system, through electoral laws issued by the legislative establishment, may be the beginning of political reform (or vice versa), taking into account the uncertainty of the political process, especially in societies that suffer from the decline of democratic values, represented by the processes of election from one cycle to another. Based on the foregoing, this paper seeks to analyze the relationship between the Electoral and political system, in particular, tracking and studying the Iraqi experience from the first parliamentary session until the issuance of the Election Law No. (9) for the year (2020).
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Aseev, Alexander, Marat Vernichenko, Nikolay Sokolov, Alexander Turovsky e Dmitry Filimonov. "Problem aspects of the state consistency of unrecognized polity in scientific research and political practice". In Proceedings of the International Conference on Man-Power-Law-Governance: Interdisciplinary Approaches (MPLG-IA 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/mplg-ia-19.2019.68.
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Arslan, Çetin. "Some Assessments and Evaluations on Current Developments in the Immigration Law". In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.00884.
Testo completoAbstract (sommario):
Immigration has presented itself in every chapter of the history with regards to its social, economic, political and legal aspects. However, with special regards to the global and regional instability which has come into focus and become chronic, it has gained vital importance for almost all developed and developing countries. Mentioned issue has transformed into a specific and extraordinary situation for Turkey which is situated at the intersection of the continents, Asia and Europe. Because Turkey has not only become a transit country for irregular migration but also it has turned into – if we may say so- the focus point of this vicious circle. The legislator who is aware of this situation, has brought upon essential amendments and innovations and also has concluded international, regional and bilateral agreements. We, within the scope and size of our study, shall examine certain issues which we deem important within the context of Foreigners and International Protection Law No. 6458 dated 04.04.2013 within the light of Constitution, European Convention on Human Rights and the jurisprudence of European Court of Human Rights and shall discuss some existing and potential problems in addition to suggestions for solution.
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Galiullina, Svetlana, Bigaysha Akhmetova, Svetlana Shalagina, Kenesar Koyshe, Zhanna Abregova, Bolat Kaliev e Zhibek Issayeva. "Transformation of political processes 'power – media -society' under the influence of information and communication technologies: theoretical aspects". In Proceedings of the International Conference on Man-Power-Law-Governance: Interdisciplinary Approaches (MPLG-IA 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/mplg-ia-19.2019.73.
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Özel, Çağlar. "Residence of Foreigners in Turkey with respect to the Immigration Law". In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.00897.
Testo completoAbstract (sommario):
Immigration is an important issue for almost any country with respect to economic and social aspects. However, this situation amounts to a specific importance for Turkey in relation to its geographical and strategic position and current economic opportunities. Because, due to the heavy economic and political instability in the region in which Turkey exists, Turkey has not only become a transit country for irregular migration but also it has turned into a target country. Such situation has brought many economic, social, cultural, legal etc. problems and especially security issues. We, limited to the scope and size of our study, shall focus on one of the most important aspects of mentioned issues, which is “residence of foreigners in Turkey”. Within this context, we shall mention mainly the procedure and the conditions, timeline, restrictions, obligations, work permits, permit annulments etc. briefly and shall offer solution to problematic issues.
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Hassan, Osman. "The constitutional and legal framework for the institutionalization of the Kurdistan Regional Parliament". In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp251-276.
Testo completoAbstract (sommario):
This research is discussing on the institutionalizing case of Kurdistan Region entity and Kurdistan Parliament as the primary power in its parliamentary political system in the state institutionalizing framework. This insight gives us the opportunity that institutionalization case through state forming module, development and dissolving based on the institutionalization theory should be considered. In this situation, we need to fcus on the most powerful political body in the Region which is the. parliament and its institutionalization framework. The research discusses power and its role with duties to achieve the obligations through the constitutional law and its norms with the tools to facilitate and run its duties. Thus, the main obstacles facing the institutionalization of the Parliament will be known, while the parliament is highly considered by civilians and people of Iraqi Kurdistan.
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Rosa Nasution, Aulia. "Acts of terrorism as a crime against humanity in the aspect of law and human rights". In 2nd International Conference on Social and Political Development (ICOSOP 2017). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/icosop-17.2018.54.
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BAKER, Jennifer. "VIRTUE ETHICS BEHIND RIGHTS". In Proceedings of The Third International Scientific Conference “Happiness and Contemporary Society”. SPOLOM, 2022. http://dx.doi.org/10.31108/7.2022.4.
Testo completoAbstract (sommario):
Virtue ethics is not typically invoked by academics today for the evaluation of political systems or political action. We could, however, recognize its potential role in this regard, turning to the history of its use as illustration. Interpreters who have attempted to theorize about political rights apart from moral psychology fail to recognize the support the underlying moral psychology provides to the notion of rights. Contemporary objections to the use of ethical theory in justifying rights may assume political theory is adequate enough when kept in terms that abstract away from any particular aspects of moral psychology. Yet a virtue-based approach to political system recognizes the desires for freedom, the risk of preferences being subsumed into a consequentialist assessment, and more readily enables agents themselves to assess what is necessary to condemn political systems as well as political efforts, such as the Russian invasion of Ukraine. Key words: Rights, Law, Moral Psychology, Cicero, Virtue, Rawls, Virtue Ethics
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Hassan, Mohammed. "Criminalization cretirea and its effect in determining the track of criminal legislationion, A study under the contemporary criminalization theories". In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp52-64.
Testo completoAbstract (sommario):
in this research we will examine the bases and the aspects of criminalization process .also we will try to come up with principled justification of why it wants to criminalize certain kinds of conduct. in addition we will determine obviously about the best principles or criteria we should apply when deciding whether to criminalize a certain kind of conduct .also we will elaborate the questions concerning when its come to such important matters as which conduct to criminalize . thus we will going to describe the more recent theories in connection with this subject by analayzing and determining the best ways to avoid the the misuse of criminal law . all of these study we will depend on the philosophical dimension of the Iraqi legislator .unfortunately .its clear that there are no methodology in dealing this crucial process by legislator ,due to the Fact that our legislations -especially criminal kinds have been often affected by y political idealism which makes deviation in in the process
Rapporti di organizzazioni sul tema "International law – political aspects"
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Ördögh, Tibor. Rule of Law in the Western Balkans. Külügyi és Külgazdasági Intézet, 2021. http://dx.doi.org/10.47683/kkielemzesek.ke-2021.67.
Testo completoAbstract (sommario):
Rule of law is a much-debated concept today, and it is one of the fundamental pillars of any democratic system. When it comes to the countries of the Western Balkans striving to become members of the European Union, it is important to look at the characteristics they have in this respect, and to what extent they meet the criteria for becoming a member state. Due to their particular way of development, there are different de facto political systems functioning within the region, which is an obstacle that also stands in the way of rule of law. This study presents those aspects of the rule of law that clearly demonstrate falling behind other political systems. An independent judiciary, civil liberties, media pluralism, and corruption are all factors that require reform in the examined countries. It may be wise to try and point out the shortcomings of the system along the lines of these aspects.
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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.
Testo completoAbstract (sommario):
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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Kelly, Luke. Humanitarian Considerations in Disarmament, Demobilisation and Reintegration (DDR). Institute of Development Studies, luglio 2022. http://dx.doi.org/10.19088/k4d.2022.106.
Testo completoAbstract (sommario):
This rapid literature review finds that disarmament, demobilisation and reintegration (DDR) raises a number of humanitarian considerations, centred on the treatment of participants and the unintended consequences of the programmes. In particular, DDR undertaken during conflicts is linked to several protection risks and is difficult to implement in a neutral, equitable and humanitarian manner. By humanitarian concerns, this report means: • Some of the functions undertaken in DDR, • Humanitarian risks to individuals in DDR programmes, • Indirect risks of conflict arising from DDR programmes; DDR is a broad and multi-faceted process involving security, humanitarian and development aspects and actors, with wide-ranging impacts. Humanitarian actors do not undertake DDR, but they may support some DDR processes, and maybe affected by DDR or its effects. According to UN guidance and the academic literature, successful DDR will consider socio-economic conditions in the community, as well as for the ex-combatants. It should be attuned to the range of needs of participants and should abide by relevant international law. The political dynamics of a conflict or post-conflict situation shape the success of DDR. It was first used in post-conflict situations, but the increasing use of DDR in ongoing conflicts creates new difficulties. The failure or partial implementation creates many humanitarian problems. This may arise from a lack of resources; competing authorities (and particularly the co-option of DDR for war aims); ongoing conflict and instability; mistakes in implementation; and socio-economic conditions unconducive to successful reintegration. Unsuccessful DDR may see partially demobilised actors remain dangerous, or may fuel new grievances around the perceived unfairness of granting support to former combatants. There is a large body of evidence on the successes and failures of DDR programmes, how they vary over time and across contexts, and guidance on how to implement DDR. Relatively little refers explicitly to humanitarian concerns, but many of the issues covered can be characterised as humanitarian. DDR has been employed in many situations since the 1980s, meaning that it is not possible to comprehensively survey the guidance or case study evidence. Instead, this review focuses on the main areas where DDR can be said to raise humanitarian concerns, with a particular focus on the problems raised by DDR in ongoing conflicts.
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Lewis, Dustin, Naz Modirzadeh e Jessics Burniske. The Counter-Terrorism Committee Executive Directorate and International Humanitarian Law: Preliminary Considerations for States. Harvard Law School Program on International Law and Armed Conflict, marzo 2020. http://dx.doi.org/10.54813/qiaf4598.
Testo completoAbstract (sommario):
In developing international humanitarian law (IHL), States have aimed in part to lay down the primary normative and operational framework pertaining to principled humanitarian action in situations of armed conflict. The possibility that certain counterterrorism measures may be instituted in a manner that intentionally or unintentionally impedes such action has been recognized by an increasingly wide array of States and entities, including the United Nations Security Council and the U.N. Secretary-General. At least two aspects of the contemporary international discourse on intersections between principled humanitarian action and counterterrorism measures warrant more sustained attention. The first concerns who is, and who ought to be, in a position to authentically and authoritatively interpret and apply IHL in this area. The second concerns the relationships between IHL and other possibly relevant regulatory frameworks, including counterterrorism mandates flowing from decisions of the U.N. Security Council. Partly in relation to those two axes of the broader international discourse, a debate has emerged regarding whether the U.N. Security Council may authorize one particular counterterrorism entity — namely, the Counter-Terrorism Committee Executive Directorate (CTED) — to interpret and assess compliance with IHL pertaining to humanitarian action in relation to certain counterterrorism contexts. In a new legal briefing for the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC), Dustin A. Lewis, Naz K. Modirzadeh, and Jessica S. Burniske seek to help inform that debate by raising some preliminary considerations regarding that possibility. The authors focus on the possible implications of States and other relevant actors pursuing various responses or not responding to this debate. One of the authors’ goals is to help raise awareness of this area with a focus on perspectives drawn from international law. Another is to invite a broader engagement with the question of the preservation of the humanitarian commitments laid down in IHL in a period marked by a growing number — and a deepening — of the intersections between situations of armed conflict and measures to suppress terrorism.
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Bruun, Laura, Marta Bo e Netta Goussac. Compliance with International Humanitarian Law in the Development and Use of Autonomous Weapon Systems: What does IHL Permit, Prohibit and Require? Stockholm International Peace Research Institute, marzo 2023. http://dx.doi.org/10.55163/dfxr3984.
Testo completoAbstract (sommario):
It is undisputed that the development and use of autonomous weapon systems (AWS) must comply with international humanitarian law (IHL). However, how IHL rules should be interpreted and applied in the context of AWS remains, in some respects, unclear or disputed. With a particular focus on human–machine interaction, this report aims to facilitate a deeper understanding of this issue. Informed by an in-person expert workshop that SIPRI convened in November 2022 and contributions to the international policy discussion on AWS, the report maps areas of common ground and identifies aspects that warrant further clarification concerning what key rules of IHL, particularly those guiding the conduct of hostilities, permit, prohibit and require in the development and use of AWS. In doing so, the report provides a baseline for policymakers to advance discussions around what types and uses of AWS are (or should be) prohibited or regulated under existing IHL.
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Souza, Saulo, Carlos Pereira e Marcus André Melo. The Political Economy of Fiscal Reform in Brazil: The Rationale for the Suboptimal Equilibrum. Inter-American Development Bank, febbraio 2010. http://dx.doi.org/10.18235/0010929.
Testo completoAbstract (sommario):
This project examines fiscal reforms in Brazil since the 1990s, particularly in taxation, budgeting, and fiscal federalism. While recentralizing fiscal authority and massively expanding the extractive capacity of the state, policymakers chose not to revamp an inefficient tax system that has nonetheless proven capable of generating high levels of revenue. In budgeting, the economic crises of the mid-1990s prompted the government to rein in subnational fiscal imbalances but discouraged policymakers from introducing major changes in the tax system. As the executive derives utility from fiscal stability and inflation control because of electoral incentives and credibility gains in international markets, reform initiatives can generate political benefits for incumbent politicians. The paper finally argues that the Achilles heel of the sustainability of the Fiscal Responsibility Law is its enforcement technology: the -Tribunais de Contas-.
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Haider, Huma. Fostering a Democratic Culture: Lessons for the Eastern Neighbourhood. Institute of Development Studies, agosto 2022. http://dx.doi.org/10.19088/k4d.2022.131.
Testo completoAbstract (sommario):
Political culture is the values, beliefs, and emotions that members of a society express about the political regime and their role in it (Pickering, 2022, p. 5). Norms, values, attitudes and practices considered integral to a “culture of democracy”, according to the Council of Europe, include: a commitment to public deliberation, discussion, and the free expression of opinions; a commitment to electoral rules; the rule of law; and the protection of minority rights; peaceful conflict resolution. The consolidation of democracy involves not only institutional change, but also instilling a democratic culture in a society (Balčytienė, 2021). Research on democratic consolidation in various countries in Central and Eastern Europe (CEE) finds that a key impediment to consolidation is the persistence of old, authoritarian political culture that undermines political and civic participation. This rapid review looks at aspects of democratic culture and potential ways to foster it, focusing on educational initiatives and opportunities for civic action — which comprise much of the literature on developing the values, attitudes and behaviours of democracy. Discussion on the strengthening of democratic institutions or assistance to electoral processes is outside the scope of the report.
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Rodríguez Caballero, Carlos Vladimir, e Arnoldo López - Marmolejo. Assessing the Effect of Gender Equality before the Law on Female Labor Participation and GDP per capita in Central America Panama and the Dominican Republic. Inter-American Development Bank, marzo 2021. http://dx.doi.org/10.18235/0003113.
Testo completoAbstract (sommario):
Women's participation in the labor market in Central America is low for the international standard. Increase such participation is on the agenda of many policymakers who want to improve women's access to quality employment. In this paper, we use data from Central America, Panama, and the Dominican Republic to assess whether gender equality in the law helps increasing women's participation in the labor force and, therefore, boosts GDP per capita. The study is based on two econometric methodologies to evaluate distinct aspects of the economic mechanism.
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Lewis, Dustin, a cura di. A Compilation of Materials Apparently Reflective of States’ Views on International Legal Issues pertaining to the Use of Algorithmic and Data-reliant Socio-technical Systems in Armed Conflict. Harvard Law School Program on International Law and Armed Conflict, dicembre 2020. http://dx.doi.org/10.54813/cawz3627.
Testo completoAbstract (sommario):
This document is a compilation of materials that at least appear to be reflective of one or more states’ views on international legal issues pertaining to the actual or possible use of algorithmic and data-reliant socio-technical systems in armed conflict. In September of 2018, the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC) commenced a project titled “International Legal and Policy Dimensions of War Algorithms: Enduring and Emerging Concerns.”[1] The project builds on the program’s earlier research and policy initiative on war-algorithm accountability. A goal of the current project is to help strengthen international debate and inform policymaking on the ways that artificial intelligence and complex computer algorithms are transforming war, as well as how international legal and policy frameworks already govern, and might further regulate, the design, development, and use of those technologies. The project is financially supported by the Ethics and Governance of Artificial Intelligence Fund. In creating this compilation, HLS PILAC seeks in part to provide a resource through which the positions of states with divergent positions on certain matters potentially of international public concern can be identified. Legal aspects of war technologies are more complex than some governments, scholars, and advocates allow. In the view of HLS PILAC, knowledge of the legal issues requires awareness of the multiple standpoints from which these arguments are fashioned. An assumption underlying how we approach these inquiries is that an assessment concerning international law in this area ought to take into account the perspectives of as many states (in addition to other relevant actors) as possible.
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Velychko, Zoriana, e Roman Sotnyk. LINGUISTIC PRESENTATION AND TERMINOLOGICAL ASPECTS OF THE HOLODOMOR OF THE 1920s AND 1930s. Ivan Franko National University of Lviv, marzo 2024. http://dx.doi.org/10.30970/vjo.2024.54-55.12166.
Testo completoAbstract (sommario):
The article reveals and analyses a wide range of terms for the Holodomor of the 1920s and 1930s in Ukraine. The main objectives of the study are to find out the peculiarities of the linguistic presentation of the Holodomor phenomenon in scientific, popular science, and journalistic discourses, and to reveal semantic differences in the use of various terms for the Holodomor used in different languages. The main methodological bases of the study are linguistic analysis, socio-cultural method, qualitative content analysis, comparative method, etc. The method of retrospection must be used to substantiate the hypothesis. Thus, the reasons for the formation of the semantic contours of the terms “Holodomor”, “Famine”, “Great Famine”, “Terror by Famine”, “Big Hunger”, etc. were clarified. At the same time, the semantic nuances of word use are identified. As a conclusion, the authors substantiate the fundamental importance of using the term “Holodomor-genocide” in scientific circulation as the one that most accurately represents the essence of the historical phenomenon of the Holodomor. Based on the analysis of the documents, the content of the term “genocide” is formulated. It is explained that the Holodomor is genocide of the Ukrainian people, just as the Holocaust is genocide of the Jewish people. The authors prove the anti-Ukrainian orientation of the consistent and deliberate policy of Stalin and his followers against the Ukrainian nation, which culminated in the murder by starvation. These research findings are significant not only for the development of Ukrainian terminology or international terminology. They are also of great importance for modern politics, political science and historiography, and jurisprudence, especially in the context of a new genocide – the Russian Federation’s full-scale war of aggression against Ukraine. Keywords: Holodomor; genocide; Ukraine; Stalin’s terror; terminology.