Articoli di riviste: "Legal and political framework"

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Turanin, Vladislav Yu. "Legal Language in the Political Framework". Legal education and science 12 (25 dicembre 2019): 40–43. http://dx.doi.org/10.18572/1813-1190-2019-12-40-43.

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Wessely, Andreas. "The Legal and Political Framework of Euroization". Legal Issues of Economic Integration 36, Issue 3 (1 agosto 2009): 197–213. http://dx.doi.org/10.54648/leie2009014.

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As currency crises revealed the limitations of pegging a country’s currency to another country’s currency through currency boards, the focus of the monetary community turned to dollarization and euroization. De jure dollarization/euroization is the unilateral adoption of the dollar/euro as sole legal tender in lieu of the prior domestic currency through a formal political decision, thereby irreversibly giving up the chance to influence money supply and exchange rates through national monetary and political authorities. After showing the origins of unilateral euroization, I will list the costs and benefits of currency replacement and identify which countries could most probably benefit from euroization. In the second part, I will explain why European Union (EU) institutions – in contrast to US policy makers with respect to dollarization – oppose the unilateral adoption of the euro. Then, I will describe the official route for euroization envisaged by the EU and finally focus the discussion on whether EU institutions can legally prevent unilateral euroization under European or international law and whether the involved states have any other rights or obligations under customary international law. Furthermore, I will show the implications of the current financial crisis for future trends of euroization.

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Neumeier, Christian. "Political Own Resources: Towards a legal framework". Common Market Law Review 60, Issue 2 (1 aprile 2023): 319–44. http://dx.doi.org/10.54648/cola2023023.

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Following its latest Own Resources Decision, the European Union is equipped with a new fiscal policy instrument. In addition to its financing function, the Own Resources Decision can pursue policy objectives by linking the contribution burden of Member States to a political objective of the Union. The article presents the concept, function, and problems of this new category of political own resources and develops a legal framework to ensure that political own resources do not shift the institutional balance between the Council and the Parliament. Own Resources Decision, fiscal own resources, political own resources, Multiannual Financial Framework

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Aktamovna, Usmonova Nigora, e E. A. Qadirov. "Legal framework for the activities of political parties". ACADEMICIA: An International Multidisciplinary Research Journal 11, n. 4 (2021): 316–21. http://dx.doi.org/10.5958/2249-7137.2021.01060.0.

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Ortiz-Ledesma, Raquel. "Legal-political frameworks that promote Social and Solidarity Economy in Colombia and Mexico. A comparative cartography". Deusto Journal of Human Rights, n. 4 (20 dicembre 2019): 87–114. http://dx.doi.org/10.18543/djhr-4-2019pp87-114.

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This article analyses the relevance of the legal-political frameworks of Social and Solidarity Economy (SSE) to social transformation. The article is divided into three sections where the international evolution of the legal-political frameworks and the different types of categorization of the legal framework for SSE support will be discussed. In addition, through documentary research and a comparison on legal frameworks and national public policies, the implementation of those frameworks in two States from The Americas, Colombia and Mexico, will be considered. This article concludes by highlighting the challenges of SSE and some possible route maps, as well as the relevance of this framework to social change.Received: 01 July 2019Accepted: 05 December 2019Published online: 20 December 2019

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Chintakananda, Asda, e Brain Tan. "How political risk and legal framework shapes MNE performance". Academy of Management Proceedings 2015, n. 1 (gennaio 2015): 17063. http://dx.doi.org/10.5465/ambpp.2015.17063abstract.

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Boyko, S. "Political and Legal Framework of the International Information Security". International Trends / Mezhdunarodnye protsessy 19, n. 4 (2021): 6–25. http://dx.doi.org/10.17994/it.2021.19.4.67.4.

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The article covers the policy of the Russian Federation in the field of international information security. The purpose of the study is to identify the key directions for strengthening international cooperation in the area of information security. The article examines the state of bilateral cooperation on international information security issues in particular on the example of the Agreement between the Russian Federation and the People’s Republic of China on cooperation in the field of international information security. The article analyzes Russian initiatives put forward in regional and multilateral organizations. Thus, special attention is paid to cooperation within BRICS, the SCO, the CSTO and ASEAN. Regional and interregional interaction in this area increases stability and security of the respective regions, taking into account the national interests of the parties involved. The article also studies the Russian projects promoted at the global level, namely, the UN General Assembly resolutions adopted by the initiative of the Russian Federation. Russia and its partners contributed to the adoption of a set of 13 international rules, principles and norms of responsible behavior of states in the information space. Convocation of an Open-Ended Working Group, whose mandate has been extended until 2025, has become an important contribution of Russia to institutionalization of the profile discussion mechanism within the UN. The author concludes that Russian projects and cooperation agreements reached can foster the development of political and legal framework of the international information security system. The focus on promoting the formation of such a system is confirmed by the updated Basic principles of the State Policy of the Russian Federation in the field of international information security. However, these initiatives are not exhaustive. Therefore, the formation of such a system requires the efforts of the entire world community.

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Kembayev, Zhenis. "Regional Integration in Eurasia: The Legal and Political Framework". Review of Central and East European Law 41, n. 2 (22 settembre 2016): 157–94. http://dx.doi.org/10.1163/15730352-04102002.

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This article examines the legal and political aspects of regional integration processes in Eurasia since the end of the Soviet era. It contends that both political and economic factors are driving these processes, including the desire of a number of post-Soviet countries to consolidate regional peace and security and, also, to create a larger and more effective economic space, thus increasing these countries’ power and international influence. It also argues that the formation of a united Eurasia is being conducted in the framework of two separate but closely connected—with almost identical membership—international organizations: the Collective Security Treaty Organization (csto) and the Eurasian Economic Union (eaeu). This article provides some background to the csto and the eaeu and explains their consolidating factors. It also examines the institutional framework of these groupings and expounds on their purposes, principles, and major areas of cooperation. It argues that these two organizations, in combination, constitute a single de facto structure that, for discussion purposes in this article, is referred to as the Eurasian alliance. Finally, the article attempts to illustrate problems and to assess prospects related to integration processes in Eurasia.

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Andronova, I. V., e M. E. Antsiferov. "POLITICAL AND LEGAL FRAMEWORK ENSURING STATE SECURITY IN RUSSIA". Vestnik Povolzhskogo instituta upravleniya 24, n. 1 (2024): 29–37. http://dx.doi.org/10.22394/1682-2358-2024-1-29-37.

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Ombella, John Sebastian. "Legal Framework Regulating Switching and Disciplining of Members of Political Parties:". JOELS: Journal of Election and Leadership 4, n. 1 (31 gennaio 2023): 31–53. http://dx.doi.org/10.31849/joels.v4i1.12535.

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Globally, political parties seem to be common vehicle through which general public participates in governmental decision-making. This is influenced by the increased democratization evidenced by many countries’ adoption of multipartyism. Consequently, South Africa’s (SA) and Tanzania’s legal frameworks are not exception. Despite such influence Tanzania in particular, improperly regulate switching and disciplining of members of political parties. Through a human right approach this paper carries out a comparative review of SA and Tanzanian legal frameworks on regulation of switching and disciplining of members of political parties. The qualitative analysis of documents reviewed shows SA has adopted constitutional principles the basis of which regulation of political parties contribute to popular participation and elimination of improper switching and disciplining of members of political parties. Tanzania’s legal framework is informed by SA on; cessation of political party membership while retaining the membership in decisions making organs and disciplining of members of political parties.

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Lefebvre, Stéphane. "Canada's Legal Framework for Intelligence". International Journal of Intelligence and CounterIntelligence 23, n. 2 (26 febbraio 2010): 247–95. http://dx.doi.org/10.1080/08850600903347137.

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Sommer, Udi, e Victor Asal. "Political and legal antecedents of affirmative action: a comparative framework". Journal of Public Policy 39, n. 2 (16 marzo 2018): 359–91. http://dx.doi.org/10.1017/s0143814x18000089.

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AbstractMuch of the literature on affirmative action is normative. Further, in scholarship that takes an empirical approach to examine this topic, the object of inquiry is typically the ramifications of such provisions – most notably the extent to which they foster social transformation. Yet, we know surprisingly little about the antecedents of affirmative action. This work examines what variables systematically predict affirmative action. We focus on the policy feedback literature and compensatory justice frameworks to examine the effects of democracy, modernisation and globalisation on affirmative action programmes. Time-series cross-sectional analyses of data for hundreds of groups from all over the globe for the period 1985–2003 confirm our hypotheses. This is the first work to examine affirmative action programmes in a large-N framework of such scale. We find that such programmes systematically correlate with democracy, modernisation and globalisation.

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Mayer, Seth, e F. Italia Patti. "Confronting Political Disagreement about Sentencing". New Criminal Law Review 20, n. 4 (2017): 616–63. http://dx.doi.org/10.1525/nclr.2017.20.4.616.

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There is broad agreement that the American criminal sentencing system is deeply flawed, yet current theoretical frameworks for sentencing have failed to offer a way forward for reform. These frameworks have not faced up to political disagreement over sentencing. Instead, they either try to impose disputed moral theories (such as retributivism or consequentialism), or they downplay normative considerations and seek to impose numerically consistent, rather than normatively justified, sentences. That is, the first, moral approach tries to impose a specific moral view in spite of disagreement, while the second, empirical approach tries and fails to repress disagreement and normative debate. The failures of both approaches are in evidence in the process that led to the development of the United States Sentencing Guidelines. A framework for sentencing that directly and effectively confronts political disagreement is necessary. This Article is the first to offer such a framework. It draws on deliberative democratic conceptions of legitimacy to develop a framework for sentencing that addresses disagreement. Deliberative democracy offers a normatively grounded approach to managing disagreement through collective reasoning, which aims to place the legal system under public control. This Article articulates criteria for evaluating legal systems from the perspective of a particular conception of deliberative democratic legitimacy. In light of these criteria, it offers reforms to enable the current system to better embody deliberative democracy, to confront political disagreement over sentencing, and to improve the troubled sentencing system through public reasoning.

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Rathgeber, Theodor. "Documentation: International Legal Human Rights Framework". Journal of Current Southeast Asian Affairs 33, n. 3 (dicembre 2014): 131–65. http://dx.doi.org/10.1177/186810341403300306.

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While the ASEAN Charter of 2007 heralded an era of improved democracy, human rights protection and good governance in accordance with the rule of law, the reality on the ground tells a different story. While all of the trappings of a human rights mechanism are in place, the normative and protective capacity of the regime is ambiguous at best. The adoption of core international human rights treaties by ASEAN member states presents an ambiguous picture, one which reveals significant variations between the ten countries. The purported institutionalisation of international human rights standards since 2007 in the region via the creation of an ASEAN human rights mechanism in that year is betrayed by the poor condition of actual protection of human rights at the national and regional level. The article analyses the situation on the ground in light of the normative obligations and aspirations of the states.

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Antipov, Alexey A., Yaroslavna S. Artamonova, Artur V. Muratov e Mikhail F. Fridman. "Legal framework for institutionalization of political leadership in modern conditions". Socialʹnye i gumanitarnye znania 10, n. 1 (17 marzo 2024): 9. http://dx.doi.org/10.18255/2412-6519-2024-1-9-16.

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In conditions of intense international confrontation, the problem of institutionalizing political leadership becomes key. Today it is very important to decide what kind of leader the state should be in order to ensure not only survival and independence, but also stability and sustainable development. Currently, the aggravation of the struggle between East and West has reached its culmination, and the global political crisis requires the most painless solution. At the same time, the nuclear threat is becoming much more tangible than ever before in history. The crisis nature of international relations is increasingly manifested in the increasing level of confrontation between the main political actors and the political blocs they lead. The role of political leaders in these conditions is rapidly increasing, which can be judged at least by the place in current political discussions occupied by the personalities of Russian President V. V. Putin, the American J. Biden, as well as the leaders of Germany, France, Turkey and other world centers of political power. This article is devoted to the study of the legal basis for the institutionalization of political leadership in modern conditions, identifying the factors that determine the authority and effectiveness of the modern leader of the country.

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Sizokrylov, M. V. "LEGAL STATUS OF POLITICAL PARTIES IN UKRAINE". Constitutional State, n. 41 (17 marzo 2021): 138–44. http://dx.doi.org/10.18524/2411-2054.2021.41.225619.

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The article is devoted to the issues of the legal status of political parties in Ukraine, as a necessary mechanism for regulating their activities. The need for a comprehensive study of the features of the legal status of political parties in Ukraine is due to the need for knowledge about the main legislative acts that regulate their activities, as well as the functioning of the political and party systems of Ukraine. Undoubtedly, this issue is one of the most relevant for this period of time, since the issues that are explored in this article are the main ones in the implementation of the domestic and foreign policy of the state, and, accordingly, affect the life of citizens. The legal framework for the functioning of political parties and the party system in Ukraine is not perfect today, but there is some progress in this direction through the use of foreign experience. The imperfection of the legal framework for the functioning of political parties in Ukraine and the party system of Ukraine in general can be explained by certain specifics of our state. It consists in the fact that for seventy years Ukraine has been within the framework of a oneparty totalitarian system. Under such conditions, there can be no question of any legal basis for regulating the activities of political parties. because the Constitution of the Soviet Union officially enshrined that the ruling Communist Party was the only one in the country. Prior to the establishment of Soviet rule for three years, there were some steps towards advancing Ukraine's party system, but they were all offset by the fact that Ukraine lost its independence and found itself under the rule of the northern neighbor's dictatorship for 70 years. It is clear that during this short period there was no question of any legal aspect, only political. As can be seen from the concrete facts, with the gaining of independence in 1991, no great strides were made in this important issue. The Constitution of Ukraine was adopted only for 5 years of independence, and a separate law regulating the activities of political parties in Ukraine was adopted only in 2001, ie 10 years after independence. Some slow steps towards progress have been made since 2014, but much remains to be done to say that Ukraine's legal framework for regulating political parties is the same as Europe's.

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Nicolini, Matteo. "Law, the Humanities and Political Incertitude in a Time of Climate Change". Legalities 1, n. 1 (marzo 2021): 91–115. http://dx.doi.org/10.3366/legal.2021.0008.

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This article addresses how climate change triggers relevant transformations in the realm of the law and affects our politico-legal paradigms. To this end, it delivers cross-disciplinary research by focusing on a non-fictional literary genre, i.e. climate-change pop-science, which has arisen very recently. The article also explores the concept of ‘strategic formalism’, i.e. a strategic legal device unable to govern societal concerns. On the one hand, it shapes our approach to climate change and migration; on the other, it adapts ecological issues to the ‘traditional’ legal framework. Against this background, the article argues that non-fictional texts also reflect the ideas of the most active forces within society, and fuel dynamism when tackling the ecological crisis. In a time of climate change, these forces stir strategic formalism, and make the law act as a bridge linking our troubled reality to an inclusive future.

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Blagojevic, Veljko, e Branislav Milosavljevic. "Political and legal framework of contemporary migrations in southeast Europe". Vojno delo 68, n. 3 (2016): 75–93. http://dx.doi.org/10.5937/vojdelo1603075b.

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Wieczorek, Katarzyna, e Łukasz Pisarczyk. "Transnational framework agreements: In search of a European legal framework". Studia Iuridica, n. 89 (2 maggio 2022): 409–32. http://dx.doi.org/10.31338/2544-3135.si.2022-89.21.

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This article focuses on the phenomenon of Transnational Company Agreements (TCAs) concluded between the employees’ representatives and the employer. This legal embodiment of industrial relations has been gaining noticeable popularity since the 1980s. After that decade, many agreements, both of international and European dimension, have been concluded. The European social dialogue doctrine has adopted TCAs as an instrument promoting collective bargaining. Agreements signed in the absence of legal framework comprise a variety of content and might be signed by several actors. Sometimes agreements undergo a follow-up implementation and then they strongly resemble the national collective agreements. But, in general, TCAs exert variable legal effects depending mostly on their character. Many agreements have been attributed solely with a political character, whereas others do convey strong obligations for the parties. The current question is whether TCAs are in need of creating a legal framework or quite the contrary?

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Gillard, Emanuela-Chiara. "“Safe areas”: The international legal framework". International Review of the Red Cross 99, n. 906 (dicembre 2017): 1075–101. http://dx.doi.org/10.1017/s1816383118000474.

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AbstractIn recent years there have been repeated calls for the establishment of so-called “safe areas” to protect civilians from the effects of hostilities in a number of contexts. The present article presents the international law framework relevant to the establishment and operation of such areas: the provisions of international humanitarian law on protected zones; the rules regulating resort to armed force, Security Council authorization and mandates for the establishment of such areas by multinational forces in the absence of agreement between belligerents; and the refugee and international human rights issues raised by such zones. Using the example of the “protection of civilians sites” in South Sudan, the article then highlights some of the operational challenges raised by safe areas. It concludes with some reflections on how to enhance the likelihood that belligerents will establish such protected zones in the future.

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Payne, Sebastian. "Britain's new anti‐terrorist legal framework". RUSI Journal 147, n. 3 (giugno 2002): 44–52. http://dx.doi.org/10.1080/03071840208446776.

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Wong, Christopher S. "Regulating Currency Manipulation: Political, Legal and Economic Barriers to Reform". Journal of World Trade 51, Issue 4 (1 agosto 2017): 691–710. http://dx.doi.org/10.54648/trad2017027.

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The current international legal framework for trade is not designed to explicitly address the issue of currency manipulation. This oversight in the framework has contributed to the proliferation of nations employing currency manipulation as a mechanism to aid their export competitiveness. This article adds to the current debate surrounding currency manipulation by analysing a number of proposed reforms to the current international legal framework aimed at addressing the issue. These reform proposals will be evaluated against a number of political and legal challenges that face any reform initiative. By examining the broader political and diplomatic considerations that would underpin any attempt at reform, the article concludes that there are significant barriers to preventing the practice of currency manipulation.

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Ogiamien, T. B. E. "A Legal Framework to Eradicate Female Circumcision". Medicine, Science and the Law 28, n. 2 (aprile 1988): 115–19. http://dx.doi.org/10.1177/002580248802800206.

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The traditional practices of genital mutilation1 of young girls and women, hereinafter called FC (female circumcision) have in recent times generated incessant controversy in political and academic circles. The campaign against the practice has similarly captured the interest of sociologists, interest groups and, until recent times, the law.2 Because of the medical dangers of FC, proposals to eradicate the activity have been suggestive of an outright ban; but others hold the view that the necessity for legislation to prohibit the practice will be unrealistic.3 As will be seen below, a few jurisdictions who have in the past partially legislated against it, met with little or no success. Paradoxically, the problem exists.4

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DeMichele, Matthew. "Using Weber’s Rechtssoziologie to Explain Western Punishment: A Typological Framework". European Journal of Crime, Criminal Law and Criminal Justice 21, n. 1 (2013): 85–109. http://dx.doi.org/10.1163/15718174-20210005.

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An interdisciplinary comparative-historical framework is proposed to map the relationship between legal institutional differences and the use of incarceration. The oft-cited empirical trend that Western countries cluster on an assortment of social, political, and economic outcomes is incorporated with Weberian sociology of law. Incarceration levels vary, in descending order, as a function of the institutional possibilities within the common, Roman, and Nordic law families. A country’s legal origin supports certain legal institutional frameworks and historical trajectories that are consequential for punishment decisions. The historical record of each legal family demonstrates particular types of legal thinking that foster unique institutional frameworks that are more or less likely to support punitive, bureaucratic, or collective crime control mechanisms.

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Flores, Andrea, Kevin Escudero e Edelina Burciaga. "Legal-Spatial Consciousness: A Legal Geography Framework for Examining Migrant Illegality". Law & Policy 41, n. 1 (gennaio 2019): 12–33. http://dx.doi.org/10.1111/lapo.12120.

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Anichkin, E. S. "OBSTACLES TO THE DEVELOPMENT OF SCIENTIFIC AND SCIENTIFIC AND TECHNICAL COOPERATION WITHIN THE FRAMEWORK OF THE SHANGHAI COOPERATION ORGANIZATION". Russian-Asian Legal Journal, n. 2 (6 luglio 2020): 89–92. http://dx.doi.org/10.14258/ralj(2020)2.12.

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Legal and non-legal factors that impede the development of scientific and scientific-technical partnershipare considered. within the framework of the Shanghai Cooperation Organization (SCO). Factors that reducethe activity and effectiveness of such cooperation are divided into legal and non-legal. Within the frameworkof legal factors, internal and external are distinguished, and the political and economic situation in the SCOcountries are classified as non-legal reasons and conditions.

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Shaidaeva, Marina Rakhmanovna. "Political-legal framework of international cooperation of the regions of Italy". Международные отношения, n. 3 (marzo 2020): 67–74. http://dx.doi.org/10.7256/2454-0641.2020.3.33612.

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  The object of this article is the foreign affairs of Italian regions with other countries and their territorial entities. Despite the unitary state structure, Italy is a bright example of “regionalistic” country, within the framework of which the individual administrative-territorial units receive high level of autonomy in different spheres, including international relations. Therefore, de facto Italy can be regarded as “quasi-federation”. Analysis is conducted on the historical peculiarities of foreign activity of the Italian regions. The author examines the norms of Italian legislation on the division of powers between the state and the regions, as well as refers to the statutes of separate regions of Italy in the aspect of regulation of international cooperation. The novelty of this research consists in the analysis of legal framework with regards to the activity of Italian regions as the subjects of international cooperation, their legal capacity in the context of the conducted in Italy policy of decentralization policy. The article determines the key prerequisites for the devolution process in Italy, including contradictions between the South and North of the country, rise of popularity of regionalistic political parties and movements in the 1980s – 1990s, as well as the policy of EU institutions aimed at the establishment of direct contacts between the regions of the European states. The conclusion is made that granting extended autonomy to the Italian regions in sphere of international relations testifies to the erosion of sovereignty towards subnational level, which in turn, allows us resolving the tasks of socioeconomic development of the territories, as well as establishment of cultural and humanitarian connections with foreign countries, including Russia. ,

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Ali, Zulfiqar. "Conflict between social structure and legal framework: political corruption in Pakistan". Commonwealth & Comparative Politics 54, n. 1 (2 gennaio 2016): 115–37. http://dx.doi.org/10.1080/14662043.2015.1124497.

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Lantschner, Emma. "Political Participation of Minorities in Central European Countries: The Legal Framework". Der Donauraum 49, n. 1-2 (dicembre 2009): 69–74. http://dx.doi.org/10.7767/dnrm.2009.49.12.69.

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Miadzvetskaya, Yuliya. "‘Code of Absence’: EU-Belarus Legal Framework". European Foreign Affairs Review 27, Issue 2 (1 agosto 2022): 181–202. http://dx.doi.org/10.54648/eerr2022018.

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It is usually considered that EU-Belarus contractual relations are almost non-existent due to the lack of an overarching agreement between the parties. This article argues that the EU-Belarus contractual relations, despite their apparent absence, consist of a complex system of legal instruments. The article identifies three main intrinsic characteristics of the EU-Belarus bilateral framework: quasi-institutionalization of the political dialogue as well as preponderance of unilateral ‘soft’ instruments and sector-specific cooperation. This quasi-legal framework has concrete implications for the (limited) toolbox available for the EU to respond to the migrant crisis at its borders with Belarus. In addition to EU internal measures to counter migrant smuggling, the partial suspension of the Visa Facilitation Agreement and the upgrading of the EU restrictive measures emerged as two available legal avenues for the EU’s action with respect to Belarus. Belarus, Eastern Partnership, PCA, legal framework, ENP, Readmission Agreement, Visa Facilitation Agreement, Customs cooperation

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Andreopoulos, George J. "The International Legal Framework and Armed Groups". Human Rights Review 11, n. 2 (7 gennaio 2010): 223–46. http://dx.doi.org/10.1007/s12142-009-0151-1.

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Maistrenko, Grigorii Aleksandrovich. "Ensuring national security: political-legal aspects". NB: Административное право и практика администрирования, n. 2 (febbraio 2021): 26–41. http://dx.doi.org/10.7256/2306-9945.2021.2.34776.

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National security issues are crucial, multifaceted, and integral phenomena of social and political life of the country. This article explores the normative legal framework that regulates this sphere of social relations. The article presents an analysis of the features of legal support for national security as a problem of stabilizing society. Analysis is conducted on the peculiarities of legal support of national security as the problem of stabilization of society. The author notes that the national security policy, first and foremost should be aimed at ensuring geopolitical interests of the Russian Federation, its sovereignty, political stability, and progressive socioeconomic development. Research methodology employs complex and systemic approaches; systemic, functional, historical general scientific methods; analysis and synthesis as private scientific methods; formal-legal analysis of normative legal acts; and comparative legal method. It is claimed that in the sphere of domestic policy, the key prerequisite for achieving the protection of national interests should consists in unification of the nation in order to solve spiritual, cultural and material tasks due to the overall sustainability and consent in the country, nonviolent resolution of domestic social conflicts; while in the sphere of foreign policy – planning and implementation of foreign policy actions from the perspective of ensuring national interests. The author gives practical recommendations for further improvement of national security system of the Russian Federation.

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Abdullayev, Nazim Nizami. "Legal framework of Azerbaijan's foreign policy with the CIS countries". Международное право, n. 2 (febbraio 2021): 12–24. http://dx.doi.org/10.25136/2644-5514.2021.2.35734.

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This article explores the legal framework of the foreign policy of the Republic of Azerbaijan in the post-Soviet space. This topic gains special relevance on the background of changes in the regional distribution of potentials after the Second Karabakh War. The subject of this research is the main agreements signed by Azerbaijan with the CIS countries in a bilateral format, as well as within the organization. Emphasis is placed on the normative legal documents that form the foundation of foreign policy relations in the military-political, economic, energy, and transport sectors as the highest priority for the country. Special attention is given to the analysis of legal institutionalization of Azerbaijan's foreign policy in the post-Soviet space in conjunction with the evolution of foreign policy concept of the country. The article employs general dialectical, logical, historical and formal-legal methods for determining the key trends and characteristics of the legal framework of Azerbaijan's foreign policy. The scientific novelty consists in periodization of the development of legal framework of Azerbaijan’s foreign policy: the first period was under the Presidency of Ayaz Mutalibov and Abulfaz Elchibey, the third covers the period from the autumn of 1993 to the late 1990s, and the fourth is since 2000. The first period marks sporadic nature of Azerbaijan's relations with the CIS countries. During the second period, the country joined multilateral institutions that emerged in the post-Soviet space. The third stage is characterized by transition towards the development of bilateral relations with the CIS countries, and shifting away from multilateral approach. It is worth noting, that this research is focused namely on examination of the legal framework Azerbaijan's foreign policy, rather than the generally accepted in the Russian scientific literature political-legal approach, which considers the normative documents in the context of political processes.

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Stevanović, Aleksandar. "Analysing the Hate Speech Within the Framework of Political Discourse". Zbornik instituta za kriminološka i sociološka istraživanja XLII, n. 1 (20 giugno 2023): 63–80. http://dx.doi.org/10.47152/ziksi2023014.

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The author considers hate speech within the broader context of the right to freedom of expression with specific reference to political speech. The European Court of Human Rights in its jurisprudence takes the stance that the protections for freedom of expression extend to content that might be offensive, shocking, and disturbing to someone. It is also well accepted in comparative case law and doctrine that political speech has a privileged position in terms of legal protection when it comes to the greater degree of criticism. On the other hand, it is extremely important to protect individuals and collectives from exposure to hate speech since it does not achieve the objectives of the right to freedom of expression in any way. However, it is clear at first glance that in a large number of cases, there is an intertwining of hate speech with speech to which the law provides legal protection. Content related to racial, negationism, revisionism, religious, ethnic, etc. issues is a legitimate and integral part of political discourse, while a very small space separates them from slipping into the field of hate speech. Although the historical, cultural, sociological, and psychological context is important for the qualification of certain content as hate speech, the author seeks to analyze the basics of the definition of hate speech through a comparative legal approach (UN and other international and regional organizations) to offer a framework for distinguishing hate speech from other permitted content which would be applicable in general, appreciating all the possible variables that affect the qualification of hate speech.

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van Dijck, José, e Bart Jacobs. "Electronic identity services as sociotechnical and political-economic constructs". New Media & Society 22, n. 5 (9 settembre 2019): 896–914. http://dx.doi.org/10.1177/1461444819872537.

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Electronic identification services (eIDs) have become strategic services in the global governance of online societies. In this article, we argue that eIDs are sociotechnical constructs that also have political-economic dimensions. In the European context, governmental and corporate efforts to develop eIDs are shaped by legal EU frameworks, which are almost exclusively focussed on technical and legal interoperability, such as the European Interoperability Framework (EIF) and the European Interoperability Reference Architecture (EIRA). Public concerns such as privacy, security, user empowerment and control over one’s personal information prompts developers to propose a decentralized, attribute-based system governed on a nonprofit, nonstate basis (DAN-eID). To illustrate our argument, we explore a single emerging eID system (IRMA; acronym for I Reveal My Attributes) that is developing in a national context (The Netherlands). We argue that developing eIDs requires more than engineering ingenuity and legal compliance; as sociotechnical and political-economic constructs, they involve negotiation of conflicting social and political values.

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Shan, Wenhua, e Peng Wang. "The International Legal Framework for Belt and Road Energy Cooperation: Progress and Prospect". Journal of World Investment & Trade 20, n. 2-3 (14 maggio 2019): 259–84. http://dx.doi.org/10.1163/22119000-12340131.

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Abstract This article surveys the existing international legal framework governing China’s energy cooperation with the Belt and Road countries at multilateral, regional and bilateral levels. A satisfying international legal framework should manage to balance the legal certainty and political acceptability needed for energy cooperation. We argue that political acceptability was the primary goal driving the current energy legal framework, providing basic rules for energy cooperation. However, these rules did not sufficiently legalize and institutionalize the investment environment. China should endeavor to promote a comprehensive Belt and Road Energy Framework on the basis of intra-network diversification. By increasing the redundancy of the energy network infrastructure and allowing countries to import and export energy via multiple routes, China can contribute to the achievement of a more secure energy market.

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Malko, Alexander, e Margarita Kostenko. "DOCTRINAL BASICS OF THE LEGAL TECHNIQUE: COMPARATIVE ANALYSIS WITHIN THE EUROPEAN LEGAL FRAMEWORK". CBU International Conference Proceedings 2 (1 luglio 2014): 177–85. http://dx.doi.org/10.12955/cbup.v2.461.

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The legal technique was initially developed as a kind of “interpreter” for the legislative will in the legal language using a specific ingenuity of legal engineering. Historically, the theoretical base of the legal technique was formed on a phased basis, essentially stimulated by state reforms, social transformations, and active legislation systematization. It should be mentioned here that legal technique is a distinctive category reflecting the political, economic, and legal situation in the historical period of a certain state development, but being extra-national in itself.The resource harmonization of the legal technique within the European legal framework means norm-setting regulations, coordination, and elaboration of common recommendations for the European countries. The cooperation in the legal technique standards harmonization will require the all-European cooperation to the new level as far as legal standards, human rights, democratic development, legitimacy and cultural cooperation are concerned.

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Ghimire, Tara Nath, e Shyam Prasad Phuyel. "Tradition, Political and Legal Systems of Nepal". HISAN: Journal of History Association of Nepal 8, n. 1 (31 dicembre 2022): 79–87. http://dx.doi.org/10.3126/hisan.v8i1.53077.

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This study concerns the political system, and traditional rituals practiced in Nepal. It focuses on the analysis of the unique relationship between the political system and tradition in Nepal. The Nepali legal system is based on customary law. Nepali society is largely based on the traditional framework. Perhaps all societies have been developing their social norms. Britain, which is considered the mother of democracy, has been operating its governing system according to tradition. In this way, no one would deny that the state or society is progressing in its way or pattern. In that way, I have conceptualized tradition as trends that have been practiced for a long time or accepted by people. Ancient civilizations, be those Atheinns or India, have been bound in some tradition. This study is focused on what traditions are maintained in the political and legal systems in Nepal, and how those traditional rituals have influenced today’s political system of Nepal. As a library study, it is purely qualitative in nature, and it has descriptively analyzed the secondary materials from the Middle Age to the present day.

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Korovin, Kirill Sergeevich. "The forming political legal doctrine of the Soviet constitutionalism and peculiarities s of its studying in the history of political and legal teachings". Genesis: исторические исследования, n. 12 (dicembre 2020): 138–49. http://dx.doi.org/10.25136/2409-868x.2020.12.34719.

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The subject of this research is the political legal doctrine of Soviet constitutionalism during the period of establishment of the Soviet State. The author presents his interpretation of the political legal doctrine as a specific form of material incarnation of the idea of the state. Its Soviet version had certain historical and conceptual peculiarities. First and foremost, it implied the ideology of Marxism-Leninism, which fully determined the content of the fundamental notions and concepts of the political legal doctrine, developed in the constitutional commission of 1918. The framework of the Soviet constitutional system were reflected therein, as well as in the text of the Constitution of the RSFSR. It appears that ideocracy became the key vector of self-identification of the Soviet Russia. The analysis of the main ideological postulates of the Constitution of the RSFSR of 1918 allowed concluding that the Soviet State is a typical example of the ideocratic state, which should be interpreted as a social system founded on the dominant ideology. Its basis was the Soviet constitutional identity that predetermined the level of perception and approval of the government actions by the population. Methodological specificities of the analysis of the Soviet political legal doctrine reflected in its logical-theoretical framework and provisions. The logical-theoretical framework was analyzed via morphological (structural) approach that focuses on studying the structure of ideologies on the micro-level. The provisions of the political legal doctrine were reflected in the discussions and discursive practices in terms of the constitutional commission, which were examines in the course of this research via studying speech acts and political language.

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Hosen, Nadirsyah. "Indonesian Political Laws in Habibie Era: Between Political Struggle and Law Reform". Nordic Journal of International Law 72, n. 4 (2003): 483–518. http://dx.doi.org/10.1163/157181003772759494.

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AbstractFollowing the resignation of President Soeharto in May 1998, political and civic leaders,along withgovernmental officials,began the process of developing a new political system. The most important step was to create a new legal framework for early national elections. New political laws governing elections, political parties and the structure of legislative bodies were signed by President B.J. Habibie on 1 February 1999. The article examines the three 1999 political laws at three levels: political and legal processes, content and implementation. The article argues that those laws were a reflection of political compromise and, therefore, did not meet demands for genuine reform: promoting good governance and the rule of law.

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Kyvliuk, Olga, Olha Zadorozhna e Iryna Mordous. "RESPONSIBLE CITIZENSHIP IN THE CONCEPTUAL AND CATEGORICAL FRAMEWORK OF THE PHILOSOPHY OF LAW". Educational Discourse: collection of scientific papers, n. 39(1-3) (6 maggio 2022): 53–61. http://dx.doi.org/10.33930/ed.2019.5007.39(1-3)-4.

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The article examines the concept of responsible citizenship in the field of philosophy of law through the prism of modern conceptual interpretations, the principle of historicism, the hermeneutic approach, and the empirical legal and socio-political orientation of society. Responsible citizenship can be described as an interdisciplinary, integrated, interactive phenomenon, which on the one hand is a factor of law or legal practice and on the other hand, is a complex of established ideas, feelings, national traditions, perceptions, views, etc., of individuals on legal, socio-political, economic, cultural, state phenomena and processes.

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Shishatskiy, M. V. "Political Framework and Legal Basis of the EU-Russia Security Co-Operation". MGIMO Review of International Relations, n. 2(23) (28 aprile 2012): 269–75. http://dx.doi.org/10.24833/2071-8160-2012-2-23-269-275.

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Tshuma, Lawrence. "The Political Economy of the World Bank’s Legal Framework for Economic Development". Social & Legal Studies 8, n. 1 (marzo 1999): 75–96. http://dx.doi.org/10.1177/096466399900800104.

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Suratgar, David. "The legal framework for debt/equity swaps and the political risk aspects". Minerals & Energy - Raw Materials Report 6, n. 2 (gennaio 1988): 89–93. http://dx.doi.org/10.1080/14041048809409907.

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Marukhovska-Kartunova, Olga, Andrii Bozhkov, Valentyn Romanchuk, Oleksandr Bazov, Dymytrii Grytsyshen e Valentyna Opanasiuk. "International Law: Regulation of Conflicts and International Relations". Revista de Gestão Social e Ambiental 18, n. 6 (10 giugno 2024): e06979. http://dx.doi.org/10.24857/rgsa.v18n6-132.

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Objective: In the backdrop of escalating military confrontations and worsening economic and environmental challenges worldwide, this research aims to delve into effective systems for managing international conflicts and optimizing the global security framework. Theoretical framework: The study delves into the integration of legal frameworks within nations engaged in hostilities, examining key institutions influencing the regulation of international conflicts. It analyzes the evolution of conflicts in Ukraine and Israel, elucidating the involvement of legal institutions in regulating these conflicts. Methods: The research utilizes qualitative and quantitative approaches. It scrutinizes scholarly publications, evaluates prevailing strategies employed by states in conflicts, and assesses major geopolitical entities' support for such conflicts. It synthesizes insights from diverse disciplines, including international law, political science, and international relations. Results and conclusion: This research underscores international law's role in regulating conflicts through diplomatic frameworks, conflict oversight, and treaty enforcement despite challenges in politically charged environments. Case studies of Ukraine and Israel highlight the complexities of applying international law to modern conflicts. Research implications: The study highlights the need to reform the legal framework of international organizations like the European Union to enhance conflict management efficacy. It emphasizes the importance of interdisciplinary research in developing more effective legal frameworks and strategies for conflict resolution and peacekeeping. Originality/value: This research contributes to understanding the dynamic interplay between law and politics in conflict resolution. It identifies areas for further research, including the role of international organizations in peacekeeping and the intersection of conflict regulation with other branches of international law.

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Manji, Ambreena. "The Legal Framework for UK Aid After Brexit". Current Legal Problems 72, n. 1 (2019): 37–57. http://dx.doi.org/10.1093/clp/cuz006.

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Abstract Since 2015, when the UK legislated a target for aid spending, the nature of its spending on official development assistance has changed significantly. Government departments not traditionally associated with spending aid have found themselves in charge of disbursing aid funds as a result of that year’s spending review. The vote to exit the European Union has subsequently introduced a number of uncertainties. What considerations will be at play in UK aid spending after Brexit? What will become of official development assistance currently spent through European mechanisms? In what sort of configuration might the Department for International Development and other government departments find themselves? The focus of this paper is on how the vote to leave the European Union might affect the way the UK spends aid. It asks whether the legal framework for this spending is robust enough to withstand the demands that a new post-Brexit political and economic context will make.

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Huntington, Clare, e Elizabeth Scott. "Children’s Health in a Legal Framework". Future of Children 25, n. 1 (2015): 177–97. http://dx.doi.org/10.1353/foc.2015.0008.

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Al-Daboubi, Derar, e Jalal Alqhaiwi. "LEGAL AND REGULATORY FRAMEWORK FOR MONITORING ONLINE STORES". UUM Journal of Legal Studies 13, No.1 (31 gennaio 2022): 175–97. http://dx.doi.org/10.32890/uumjls2022.13.1.8.

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This study has been an attempt to find a legal and regulatory framework to monitor online stores under Jordanian legislation. The need for such a framework has become even more urgent, especially after the COVID-19 pandemic that has adversely affected traditional trade, and contributed to the increase in commercial transactions concluded via the internet. Therefore, it is necessary to understand the essence of the online store and the extent to which owners of such online stores can be subjected to the same obligations of the traditional merchant. This is to enable the relevant authorities to regulate the activities of the online store and these regulations will have to be consistent with the provisions of the country’s legal framework. The present study has also identified the key challenges encountered by online stores when carrying out their activities. In conclusion, the study has proposed some suggestions which were based on existing legislations regulating electronic commercial transactions. These suggestions were aimed at harmonizing the legislations of developing countries with the existing international legal rules regulating online stores.

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Mackay, Kathryn. "The Scottish adult support and protection legal framework". Journal of Adult Protection 10, n. 4 (novembre 2008): 25–36. http://dx.doi.org/10.1108/14668203200800023.

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Davidson, Paul J. "ASEAN: The Legal Framework for Its Trade Relations". International Journal 49, n. 3 (1994): 588. http://dx.doi.org/10.2307/40202957.

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