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1
Joy, Peter. "Political Interference in Clinical Programs: Lessons From The U.S. Experience". International Journal of Clinical Legal Education 8 (18 luglio 2014): 83. http://dx.doi.org/10.19164/ijcle.v8i0.89.
Testo completoAbstract (sommario):
<p>This article reviews the history of political interference in clinical programs in the United States, considers the attacks on clinical programs in the context of attacks on other lawyers representing the poor or other marginalized clients, and draws lessons from the experience in the United States that may be helpful to clinical programs in other countries. With the spread of clinical teaching throughout the world, it is likely that law faculty teaching clinical courses in other countries may encounter the types of political interference with client and case selection experienced by their colleagues in the United States. </p><p>Part I of this article examines the access to justice mission of clinical legal education in the United States and briefly traces the history and types of political interference in law school clinical programs. It also discusses the ethical obligations of lawyers to represent unpopular or controversial clients or causes, and considers how the attacks on clinical programs interfere with a lawyer’s ethical obligation to act independently of third-party interests. </p><p>Part II examines the relationship between access to justice and the attacks on the major sources of public interest lawyers in the United States. Part II contends that access to the courts is a cornerstone principle for the rule of law, and access to the courts depends on having the assistance of a lawyer. Part II draws a connection between the political interference in clinical programs and other attacks on public interest lawyers.</p><p>Part III analyzes the legacy of political interference on clinical programs. It discusses the effects of both the highly publicized attacks on clinical programs and the more frequent questions concerning clinical programs’ choices of clients and cases. It argues that the breadth of political interference in clinical programs in the United States indicates that any clinical program may be targeted even if the clinical faculty believe that they are taking non-controversial cases. Part III also questions whether political interference in clinical programs will be as great an issue in those countries that make legal assistance in civil cases more available to persons who are unable to afford to hire a lawyer than does the Unites States.</p><p>The article concludes that law school clinical programs can model the highest ideals of the legal profession by evaluating potential cases on the legal merits and pedagogical value and not with a concern for whether or not the case or client may be controversial. </p>
2
Rostain, Tanina. "Techno-Optimism & Access to the Legal System". Daedalus 148, n. 1 (gennaio 2019): 93–97. http://dx.doi.org/10.1162/daed_a_00540.
Testo completoAbstract (sommario):
For legal technologists, apps raise the prospect of putting the law in the hands of disadvantaged people who feel powerless to deal with their legal problems. These aspirations are heartening, but they rest on unrealistic assumptions about how people living in poverty deal with legal problems. People who are poor very rarely resort to the law to solve their problems. In the situations when they do seek solutions, they confront educational and material impediments to finding, understanding, and using online legal tools effectively. Literacy is a significant barrier. More than 15 percent of all adults living in the United States are functionally illiterate, meaning that, at best, they read at the fourth-grade level. Inadequate access to the Internet and limited research skills compound the challenges. To reach people from marginalized groups, access-to-justice technologies need to be integrated with human assistance.
3
Mirgorod-Karpova, V. V. "ADMINISTRATIVE AND LEGAL PRINCIPLES OF ACTIVITIES OF THE CONTROLLING BODIES ON THE USE OF INTERNATIONAL TECHNICAL ASSISTANCE FUNDS". Legal horizons, n. 17 (2019): 124–40. http://dx.doi.org/10.21272/legalhorizons.2019.i17.p:124.
Testo completoAbstract (sommario):
Discussions have been ongoing throughout the year in the Ukrainian and European scientific environment regarding the presentation of the economic assistance package of the West for Ukraine, the so-called "Marshall Plan", presented by the Lithuanian Prime Minister Andrius Kubilius in autumn 2017. According to him, Ukraine will receive 5 billion euros in investments into the national economy annually. This amount of assistance, calculated by European experts, will boost the Ukrainian economy by 6-8% each year. [1] But, unfortunately, we, like most Ukrainian citizens, are skeptical about the possibility of such assistance coming to our country, and even more pessimistic are the forecasts about the possible positive effect of its use. There are many reasons for such skepticism. On the one hand, it is the Ukrainian and European bureaucracy, and on the other, there is no effective mechanism for receiving, distributing and controlling the use of international assistance by Ukrainian state bodies. Therefore, according to most domestic experts, until these problems in the use of international assistance in Ukraine are solved, it is unlikely to be able to implement the initiative of former Lithuanian Prime Minister Andris Kubilius. Even Kubilius himself has repeatedly stated that in order for this plan to become a reality, Kyiv must develop a clear list of priority projects prepared at a high technical level, for which financial resourceswould go. [2] The first step, according to European and Ukrainian experts, was to create a special agency in Ukraine, which would be engaged in the preparation of such projects. Considering that almost nothing has been done by the Ukrainian Government in this direction for almost a year, so the time to receive financial assistance under the Marshall Plan is delayed. However, the absence of an agency is only the tip of the iceberg, the biggest problem for Ukraine is the lack of a clear administrative and legal mechanism for attracting, distributing and, most importantly, effective control over the use of international assistance. It is the results of the study of this problem that we devoted our article to. Despite the globalization processes in the world, external financial assistance is gradually gaining in popularity and becoming an effective tool for improving the welfare of the population and the economic development of developing countries or pursuing democratic reforms, Ukraine is falling behind in a number of subjective factors. . Investigating the emergence of the Institute for External Donor Assistance, it can be noted that this process became widespread in the 1960s and at the beginning of the 21st century, after the adoption by 193 member states of the United Nations and at least 23 international organizations of the Declaration. of the UN Millennium, it received a new impetus and began to pass under the auspices of the Millennium Development Goals. They envisaged the cooperation of countries with international financial institutions for the transformation of their economy, the introduction of the latest innovative technologies, changes in economic, political and social nature and as a result of improving the life of the population and overcoming poverty. [3] In this article, we draw attention to the fact that in modern international economic relations, there are two approaches to donor assistance, which were formulated by certain historical processes taking place in the world economy. The first approach is called by scientists as “integrative”. It is based on the implementation of strict standards, which are translated into the language of specific requirements and measures, which in its turn are laid down in the plan calendar of reforms. At the present stage, this approach is applied in the countries which are candidates for EU membership. It is always successful because the assistance implemented in the enlargement countries provides a strategic framework for the transformation processes, while enlargement countries are required to adopt EU institutional standards and develop the necessary infrastructures. The second form of international assistance is more like charity and it does not contribute to the donors’ long-term responsibility for results. Assistance is provided to poor developing and emerging countries, but this assistance is never successful. Keywords: international technical assistance, international financial assistance, state control.
4
Rossiev, Viktor V. "Free legal aid in the United States of America". Tyumen State University Herald. Social, Economic, and Law Research 9, n. 3 (2023): 176–91. http://dx.doi.org/10.21684/2411-7897-2023-9-3-176-191.
Testo completoAbstract (sommario):
Free legal aid is one of the fundamental institutions of ensuring human rights guaranteed both by the norms of international law and the norms of national legislation of most civilized countries in the world. It is based on the idea of providing legal assistance for the public good — the “pro bono” principle. This article considers the system of free legal aid operating in the territory of the USA in a positivist and historical-legal context. The tendency of gradual expansion of the scope of application of free legal aid from exclusively criminal cases to the spheres of civil and administrative proceedings is revealed. Special attention is paid to the subject composition of the system of free legal aid in the USA: the role of the Bar, legal clinics at higher education institutions that train students in legal specialties, legal services corporation, and other participants. The results identify the groups of persons eligible to receive pro bono legal aid, as well as types and methods of providing pro bono legal aid, mechanisms of financing of the relevant activities. The advantages of the US model of free legal aid include: public funding of the private sector of free legal aid, wide spread of the idea of pro bono assistance among representatives of the legal community, and developed system of clinical education in US law schools, among others; its disadvantages are: insufficiently clear normative fixation of the procedure, forms of free legal aid, subject composition of persons entitled to receive this type of assistance, the responsibility of the legal profession for the provision of free legal aid, the responsibility of the legal profession for the provision of free legal aid, and the responsibility of the legal profession for the provision of free legal aid. These advantages and disadvantages of the American system of free legal aid have share an insight into the modernization of the Russian institute of qualified legal aid provided to persons on a pro bono basis.
5
Yengibaryan, R. V. "Legal cooperation between Russia and the USA: historical roots of modern problems". Journal of Law and Administration 15, n. 2 (10 ottobre 2019): 3–11. http://dx.doi.org/10.24833/2073-8420-2019-2-51-3-11.
Testo completoAbstract (sommario):
Introduction. Relations between Russia and the United States have nearly three centuries of history, and for more than two hundred years the countries had diplomatic relations which were interrupted for sixteen years from 1917 to 1933. Perhaps the XIX century was the most peaceful and fruitful for our countries when the interests of the Russian Empire and the United States on the world stage did not contradict each other, often coincided, thus excluding confrontation between the two nation-states. The XIX century for Russia and the United States was marked by the singing of a number of bilateral treaties, including the treaty on the extradition of criminals, which consolidated their partnership.On the contrary, the XX century is marked by unstable and cyclical relations between the two countries. The rejection of Soviet power, the long period of non-recognition of the Soviet Union was followed in 1933 by mutual multifaceted cooperation between the USSR and the United States, which included the legal sphere, and by the allied relations during the Second World War. The second half of the twentieth century was the time of open confrontation between the two world giants, when the crisis of relations between the USSR and the United States put the world on the brink of world war III. In such conditions, there could be no talk of improving the legal framework of legal cooperation, and the agreement on the procedure for execution of court orders concluded in 1935 did not find its practical application.Modern Russia has assumed the entire burden of problems and contradictions in legal cooperation with the United States. Searching for ways out of them is possible only on the basis of historical analysis of their prerequisites, taking into account the peculiarities of modern international relations.Materials and methods. The methodological basis of the study is the dialectical method of cognition of phenomena in the relationship and mutual conditionality using a set of general and particular scientific methods of cognition of reality. The historical method contributed to the restoration of the chronological sequence of legal cooperation between Russia (USSR) and the United States. The method of actualization made it possible to identify the historical factors that determined the peculiarities of international cooperation in the legal sphere. The method of diachronization made it possible to identify certain successive stages in the development of international legal cooperation between Russia (USSR) and the United States, to compare them, to identify patterns of development.Results. In the framework of the study, the author found that inter-state legal cooperation is an integral part of the foreign policy of states. The international legal basis of cooperation between Russia and the United States in civil, family and criminal cases was created in a different historical era, does not meet modern international relations, and is poorly implemented by the justice authorities of the two States.There is no treaty on legal assistance in civil and family matters that is fundamental to the protection of the rights and legitimate interests of citizens of both States, and there are no provisions on extradition in the Treaty on legal assistance in criminal matters.Discussion and Conclusions. The international legal framework of cooperation between the Russian Federation (and earlier - the Soviet Union) and the United States of America in the legal sphere; the problems of implementation of international legal assistance in civil, family and criminal cases are researched. The main provisions of the Treaty on mutual legal assistance in criminal cases of 2000; multilateral Conventions on the service abroad of judicial and extrajudicial documents in civil or commercial cases of 1965 are analyzed. The 1958 Convention on the recognition and enforcement of foreign arbitral awards, the 1935 Agreement “On the procedure for the execution of court orders between the Union of Soviet Socialist Republics and the United States of America” were explored. The prospects for the development of legal cooperation between Russia and the United States are shown.
6
Kinanty, Dhea, Pramestia Andini Putri e Fauziah Lubis. "Peranan Advokat Dalam Pemberian Bantuan Hukum kepada Orang yang Tidak Mampu Berdasarkan UU No 16 Tahun 2011 tentang Bantuan Hukum". As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 5, n. 2 (7 gennaio 2023): 451–61. http://dx.doi.org/10.47467/as.v5i2.2695.
Testo completoAbstract (sommario):
Free legal assistance is one of an Advocate's most important responsibilities. Every Advocate is required by Clause 56 of the Criminal Law Procedures section to provide low-income clients with free legal representation. The fundamental obligation to provide free legal assistance is Equality Before the Law. "Advocates are obliged to provide free legal assistance to those who are poor and seek justice," states Article 1 Clause 22 of Law Number 18 of 2003 concerning Advocates.
Keywords: free legal aid, advocates, equality before the law.
7
Warren, Andrea M., Edward A. Frongillo, Shana Alford e Erin McDonald. "Taxonomy of Seniors’ Needs for Food and Food Assistance in the United States". Qualitative Health Research 30, n. 7 (28 febbraio 2020): 988–1003. http://dx.doi.org/10.1177/1049732320906143.
Testo completoAbstract (sommario):
Food insecurity results in poor health among seniors. Food and nutrition assistance targeted to seniors experiencing or at risk of food insecurity prevents poor health outcomes and enables seniors to age in place. Currently, the primary modes of service delivery are targeted to seniors who are older and frailer than average, rendering these modes less responsive to the needs of the broader population of food-insecure seniors and limiting the preventive potential of food assistance. This study aimed to understand needs among seniors for food and food assistance and to develop a comprehensive taxonomy for these needs. The taxonomy depicts seniors’ self-identified needs that relate to their ability to access and use food and nutrition assistance across three domains: physical abilities, consuming food, and access and use of transportation. The results of this study are intended to provide in-depth information to support effective alignment of programs with seniors’ needs.
8
Karpovich, Oleg G. "International legal problems of extradition in the united states:theory and practice". Yugra State University Bulletin 17, n. 4 (23 dicembre 2021): 103–10. http://dx.doi.org/10.17816/byusu202104103-110.
Testo completoAbstract (sommario):
Abstract: Russia consistently supports the return of interstate cooperation to the framework of generally recognized principles and norms of international law with the central coordinating role of the United Nations. Russia insists on stopping the "hunting" of American special services for Russian citizens in third countries, returning them to their homeland, who were sentenced to long terms of imprisonment in the United States under far-fetched pretexts. It is necessary to correct the problems artificially created by Washington with cooperation on legal assistance, to normalize the conditions for the functioning of our diplomatic and consular institutions in the United States.
9
Schloenhardt, Andreas. "International Cooperation under the United Nations Convention against Transnational Organized Crime". Brill Research Perspectives in Transnational Crime 3, n. 4 (6 dicembre 2021): 3–25. http://dx.doi.org/10.1163/24680931-12340020.
Testo completoAbstract (sommario):
Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.
10
Zubir, Muhammad Firdaus e Syauqas Rahmatillah. "PEMBERIAN BANTUAN HUKUM KEPADA MASYARAKAT MISKIN BERDASARKAN UU NO 16 TAHUN 2011 TENTANG BANTUAN HUKUM DI LBH KOTA LANGSA". Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam 6, n. 1 (12 giugno 2021): 87–107. http://dx.doi.org/10.32505/legalite.v6i1.2923.
Testo completoAbstract (sommario):
Advocates are one of the law enforcers based on article 5 paragraph 1 of law no. 18 of 2003 concerning advocates which states that advocates are law enforcers they are free and independent who are guaranteed by law, advocates and/or legal aid institutions act as institutions that provide free legal assistance to underprivileged people. This article discusses how the role of legal aid agencies in optimizing the provision of legal aid to poor people, and how the barriers and obstacles in the application of legal aid by legal aid agencies in Langsa city. This study uses normative research methods that are supported by empirical research. The result show that the provision of free legal aid to the poor is regulated in government regulation number 83 of 2008, law no.18 of 2003 and law number 16 of 2011, the role of legal aid institutions in providing free legal assistance to the poor has not been maximized. They are not accompanied by appointing the poor who are litigating, and the community does not know about the existence of a legal aid agency and because of the lack of socialization about the existence of a legal aid agency in Langsa city, so the community does not know abaout the existence of a legal aid agency.
11
Propp, Kenneth. "Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime". International Legal Materials 60, n. 2 (16 febbraio 2021): 168–79. http://dx.doi.org/10.1017/ilm.2020.69.
Testo completoAbstract (sommario):
On October 3, 2019, the United States and the United Kingdom signed an innovative international agreement on international assistance in criminal matters. The agreement, which has not yet entered into force, will enable law enforcement authorities in either country to request and obtain electronic communications content data directly from service providers located in the other country. It is intended to obviate the need, with respect to e-evidence, for resort to the slower and more cumbersome mutual legal assistance treaty (MLAT) in force between the two countries.
12
Corell, Hans. "Third Legal Advisers’ Meeting at UN Headquarters in New York". American Journal of International Law 87, n. 2 (aprile 1993): 323–28. http://dx.doi.org/10.2307/2203827.
Testo completoAbstract (sommario):
On October 26 and 27, 1992, a meeting was held of the heads of the offices responsible for international legal services of the foreign ministries of the member states of the United Nations—the Legal Advisers. The meeting—the third of its kind—was organized at the invitation of the Legal Advisers of Canada, India, Mexico, Poland and Sweden, and with the assistance of the Legal Counsel of the United Nations, Under-Secretary-General Carl-August Fleischhauer. Thirty Legal Advisers and sixteen of their deputies attended, together with nearly fifty other interested participants. All five colleagues representing the permanent members of the Security Council were present.
13
Corell, Hans. "Legal Advisers Meet at UN Headquarters in New york". American Journal of International Law 85, n. 2 (aprile 1991): 371–73. http://dx.doi.org/10.1017/s0002930000010113.
Testo completoAbstract (sommario):
On October 29 and 30, 1990, a meeting was held of the heads of the offices responsible for international legal services of the Ministries of Foreign Affairs of the member states of the United Nations—the Legal Advisers. The meeting was organized at the invitation of the Legal Advisers of the Ministries of Foreign Affairs of Canada, India, Mexico, Poland and Sweden, and with the assistance of the Legal Counsel of the United Nations, Under-Secretary-General Carl-August Fleischhauer. Some twenty-five Legal Advisers and thirty-two of their deputies or other representatives attended, including all five colleagues representing the permanent members of the Security Council.
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Владимирова, Оксана Алексеевна. "PROVIDING FREE LEGAL ASSISTANCE TO PERSONS SENTENCED TO IMPRISONMENT IN RUSSIA AND THE USA: A COMPARATIVE ANALYSIS". Vestnik Samarskogo iuridicheskogo instituta, n. 3(44) (11 ottobre 2021): 14–19. http://dx.doi.org/10.37523/sui.2021.44.3.002.
Testo completoAbstract (sommario):
Статья посвящена исследованию опыта оказания бесплатной юридической помощи осужденным к лишению свободы в США, а также проведению сравнительного анализа данного и отечественного опыта. Целью работы является изучение основных организационных аспектов и правовых основ оказания юридической помощи такой категории граждан, как осужденные, с целью установления закономерностей и выявления возможности использования положительных аспектов указанного опыта в российском законодательстве. Методы, использующиеся при написании статьи: диалектический, анализ, синтез, сравнительно-правовой. В статье последовательно изучается организация оказания бесплатной юридической помощи осужденным и их родственникам в различных регионах (штатах) США. Особое внимание уделяется субъектам оказания помощи, а также специфике отдельных механизмов и особенностей работы организаций по оказанию безвозмездной помощи осужденным. В качестве особенности американской системы оказания правовой помощи автор особенно выделяет предметный (специализированный) подход к вопросам оказания помощи - отдельные организации занимаются оказанием помощи по выбранному узкому кругу вопросов. Исследование российского опыта правовой помощи осужденным позволяет отметить некоторые преимущества. Вместе с тем, анализ проблем, существующих в системе оказания бесплатной юридической помощи осужденным к лишению свободы, позволил сделать вывод о необходимости совершенствования системы юридической помощи в России. В результате работы выявлен положительный опыт, возможный для применения в российском законодательстве. The article is devoted to the study of the experience of providing free legal assistance to those sentenced to imprisonment in the United States, as well as to the comparative analysis of this experience and that available in domestic practice. The purpose of this work is to study the main organizational aspects and legal foundations of providing legal assistance to such a category of citizens as convicts in order to establish patterns and identify the possibility of using the positive aspects of this experience in Russian legislation. Methods used in this study: dialectical method of cognition, analysis, synthesis, methods of comparative law. The article consistently examines the organization of the provision of free legal assistance to convicts and their relatives in various regions (states) of the United States. Great attention is paid to the subjects of assistance, as well as the specifics of individual mechanisms and features of the work of organizations to provide gratuitous assistance to convicts. As a feature of the American system of providing legal assistance, the author especially highlights the subject (specialized) approach to assistance issues - individual organizations are involved in providing assistance on a selected narrow range of issues. The study of the Russian experience of legal assistance to convicts reveals some advantages. At the same time, the analysis of the problems existing in the system of providing free legal assistance to those sentenced to imprisonment made it possible to conclude that it is necessary to improve the system of legal assistance in Russia. As a result of the work, a positive experience was revealed that could be applied in Russian legislation.
15
Sluiter, Göran. "Case Analysis: To Cooperate or not to Cooperate?: The Case of the Failed Transfer of Ntakirutimana to the Rwanda Tribunal". Leiden Journal of International Law 11, n. 2 (giugno 1998): 383–95. http://dx.doi.org/10.1017/s0922156598000296.
Testo completoAbstract (sommario):
The relationship between national jurisdictions and the international criminal tribunals for the former Yugoslavia and Rwanda raises many problems. One of them concerns the surrender of indicted war criminals from national jurisdictions to the Ad Hoc Tribunals. Several obstacles stand in the way of effective surrender to the Ad Hoc Tribunals. This contribution focuses on the legal obstacles that may be encountered in this respect. By means of the case of the failed surrender of Ntakirutimana from the United States to the Rwanda Tribunal, it will be demonstrated that legal assistance to the Ad Hoc Tribunals is of a fundamental different nature than legal assistance offered to foreign tribunals.
16
Shannon, Sarah K. S. "Punishment, Religion, and the Shrinking Welfare State for the Very Poor in the United States, 1970–2010". Socius: Sociological Research for a Dynamic World 3 (1 gennaio 2017): 237802311774225. http://dx.doi.org/10.1177/2378023117742259.
Testo completoAbstract (sommario):
The U.S. social safety net for the very poor has been shrinking for several decades. Two factors stand out as potential drivers of this transformation: a neoliberal turn in poverty governance that favors incarceration and other punitive policies and “religious neoliberalism,” which melds neoliberal, anti-statist political ideology with conservative Christian ideals of compassionate assistance administered not by government but through local congregations. Yet these two streams have not been studied simultaneously in relation to welfare retrenchment. Analysis of the demise of state General Assistance (GA) programs using Cox regression models and a unique longitudinal data set shows that higher incarceration rates and higher church density both contribute to the decline of public assistance over time. Findings support the theoretical perspective of religious neoliberalism.
17
Yunusov, Khaydarali. "THE ROLE OF NON-GOVERNMENTAL ORGANIZATIONS IN LEGAL EDUCATION IN THE UNITED STATES". Review of Law Sciences 5, n. 2 (24 novembre 2021): 165–72. http://dx.doi.org/10.51788/tsul.rols.2021.5.2./dtgd2833.
Testo completoAbstract (sommario):
This article highlights the role of non-governmental organizations specialized in the field of legal education in the United States of America. According to the author, non-governmental organizations provide assistance to higher education institutions in the areas of quality control of education, organization of admission examinations, effective management, promotion of scientific developments, employment of graduates, and training of young professionals. The activities of the most popular of these organizations are described in detail. Moreover, conclusions are made on basis of the analysis of the activities of non-governmental associations in the legal field. Based on the investigation of the experience of the United States, proposals will be put forward to strengthen the role of non-governmental organizations in the field of education in our country.
18
Skrypniuk, Oleksandr. "International legal assistance to Ukraine in the fight against russian aggression". ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, n. 13 (ottobre 2022): 13–22. http://dx.doi.org/10.33663/2524-017x-2022-13-2.
Testo completoAbstract (sommario):
The article examines the issue of international assistance to Ukraine in the fight against Russia’s large-scale aggression. This aggression caused the biggest crisis of the system of international security, international law, and international relations after World War II and caused the destruction of the modern international order. At first, Russia’s actions caused a certain disunity in the democratic world. But the treacherous attack and the start of a full-scale war in the center of Europe rallied the leading states of NATO and the European Union. The main and consistent provider of aid to Ukraine is the United States of America and Great Britain. In total, US aid for the first three months of the war amounted to more than 50 billion dollars. Great Britain became a locomotive and an example for the old Europe in the defense and protection of democratic values. The next group of countries that came forward in defense of Ukraine and uncompromising support in the fight against the aggressor were Poland and the Baltic countries. The collective provider of aid to Ukraine is the European Union, NATO, the G7 countries, the IMF and other world, continental and regional organizations and associations. Thanks to military and technical assistance, Ukraine managed to contain the enemy and stabilize the front. In the article, considerable attention is paid to the problems of financial and economic, humanitarian, legal assistance in the investigation of crimes against the civilian population and assistance in the protection of cultural values, etc. A special and important direction of assistance is the support of Ukrainian refugees abroad (according to UN data, as of May 2022, there were 10 million of them) and assistance to displaced persons in the middle of the country. Key words: aggression, military-technical, financial, legal, humanitarian aid, states, international and European organizations.
19
Gordon, Robert W. "Lawyers, the Legal Profession & Access to Justice in the United States: A Brief History". Daedalus 148, n. 1 (gennaio 2019): 177–89. http://dx.doi.org/10.1162/daed_a_00551.
Testo completoAbstract (sommario):
Ideally, justice is a universal good: the law protects equally the rights of the rich and powerful, the poor and marginal. In reality, the major share of legal services goes to business entities and wealthy people and the prestige and prosperity to the lawyers who serve them. This essay deals with the history of access to justice–chiefly civil justice–and with the role of lawyers and organized legal professions in promoting and restricting that access. In the last century, legal professionals and others have taken small steps to provide access to legal processes and legal advice to people who could not otherwise afford them. By doing so, they have inched closer to the ideals of universal justice. Though the organized bar has repeatedly served its own interests before those of the public, and has restricted access to justice for the poor, it has been a relatively constructive force.
20
Hsin, Amy, e Holly E. Reed. "The Academic Performance of Undocumented Students in Higher Education in the United States". International Migration Review 54, n. 1 (27 febbraio 2019): 289–315. http://dx.doi.org/10.1177/0197918318825478.
Testo completoAbstract (sommario):
Our understanding of the sources of educational inequality for the estimated 250,000 undocumented immigrant college students in the United States is limited by poor data. We use student administrative data from a large public university, which accurately identify legal status and include pre-enrollment characteristics, to determine the effect of legal status on GPA and graduation. We find that undocumented students are hyper-selected relative to peers; failing to account for this difference underestimates the effect of legal status on academic outcomes. Our findings also highlight the ways legal status interacts with institutional settings and race/ethnicity to affect educational outcomes.
21
Dejong, William. "Condom Promotion: The Need for a Social Marketing Program in America's Inner Cities". American Journal of Health Promotion 3, n. 4 (marzo 1989): 5–16. http://dx.doi.org/10.4278/0890-1171-3.4.5.
Testo completoAbstract (sommario):
Current marketing efforts by commercial condom manufacturers are directed at White consumers and therefore neglect inner city Blacks and Latinos as potential users of condoms. This paper reviews “social marketing programs” developed in Third World countries to promote condoms as a contraceptive, often with the financial assistance of the United States or other governments. This technology — which includes product, pricing, distribution, and promotional considerations — should be applied in the United States, especially to reach poor minority populations that are currently at greater risk for teenage pregnancy, AIDS, and other sexually transmitted diseases.
22
Wong, Marcus. "Doctor in the sky: Medico-legal issues during in-flight emergencies". Medical Law International 17, n. 1-2 (marzo 2017): 65–98. http://dx.doi.org/10.1177/0968533217705693.
Testo completoAbstract (sommario):
More people are travelling by air and in-flight medical emergencies are becoming more common. Some in-flight emergencies require assistance from passenger doctors who act as good Samaritans in the sky. Their liability and the associated medico-legal issues of providing assistance in mid-flight emergencies are unknown. Although provisions exist in theory about good Samaritans on the ground, it is unclear to what extent these doctrines are applicable to good Samaritans in the sky. This article examines the obligations, liability and legal protection of doctors when acting as good Samaritans in mid-flight emergencies, regardless of their nationalities. It examines the jurisdiction, existing legislations, case law in the United Kingdom and compares with their equivalence in the United States and to some extent, with the legal provisions in France. In addition to in-flight emergencies, this article reviews airlines’ liability for injuries sustained by passengers during flight. It is concluded that doctors’ liability is unclear and uncertain, their legal protection is inadequate and inconsistent; airlines’ liability is restricted by the courts. Reforms proposed include legislative enactment and extension of commercial airliners’ insurance to accord the deficient legal protection.
23
Ihemeje, Godwin, e Grace Ihemeje. "Drinking Age Policy Implementation and the Practice of Federal Law in the United States". Journal of Public Administration and Governance 10, n. 2 (30 aprile 2020): 85. http://dx.doi.org/10.5296/jpag.v10i2.15173.
Testo completoAbstract (sommario):
Readjusting a standardized national drinking age, particularly in the area of implementation has been a matter of concern to scholars of political science and health sciences. It is instructive to note that the national legal drinking age of 21 years is a primary alcohol-control policy initiated and implemented since 1985 in the United States. Different groups have raised public debate on the minimum drinking age and proposed reducing it to 18 years. However, recent trends in alcohol drinking and related consequences, comparative effect of the minimum legal drinking ages of 21 years and 18 years, research on drinking among high school and college students related to minimum legal drinking age are critically reviewed, using secondary data sources. This article therefore seeks to support the minimum drinking age of 21 years, rather than lowering it to 18 years. Concerted interventional roles are essential by the assistance of non-governmental organizations, public health experts, legal experts, and public office holders; for the purpose of influencing healthy decisions about alcohol among the early adults and thereby leading to reduction in alcohol consumption and its negative impacts.
24
Aitmaganbetov, D. D., e S. Zh Aidarbayev. "Treaty between the Republic of Kazakhstan and the United States of America on mutual legal assistance in criminal matters: problems and perspectives". BULLETIN of L.N. Gumilyov Eurasian National University Law Series 141, n. 4 (28 dicembre 2022): 34–47. http://dx.doi.org/10.32523/2616-6844-2022-141-4-34-47.
Testo completoAbstract (sommario):
The formation of an international legal framework in the field of combating crime through the conclusion of bilateral agreements with the authorities of foreign states is a priority activity of law enforcement agencies of the Republic of Kazakhstan in the fight against crime. Signing of the Treaty between the Republic of Kazakhstan and the United States of America on mutual legal assistance is a logical continuation of the work of the Prosecutor General’s Office of the Republic of Kazakhstan to expand international cooperation in combating international crime. In this article, the authors tried to consider in detail the procedural and legal norms of the signed Treaty, because since almost six years have passed since its ratification, and the parties have not demonstrated any serious achievements of interaction based on this document. This article also highlights some historical and factual aspects of the formation and development of international legal cooperation of Kazakhstan and its strategy of interaction with the competent authorities of foreign states in the XXI century.
25
Dietz, Sara Elisa. "The ECB as Lender of Last Resort in the Eurozone? An analysis of an optimal institutional design of Emergency Liquidity Assistance competence within the context of the Banking Union". Maastricht Journal of European and Comparative Law 26, n. 5 (ottobre 2019): 628–68. http://dx.doi.org/10.1177/1023263x19855628.
Testo completoAbstract (sommario):
The latest financial crises in Europe and the United States have reminded us of the importance of the role of central banks as Lender of Last Resort. This article examines the current legal framework in the European Union with regard to the allocation of Lender of Last Resort competence, which until now has been exercised by the national central banks in the Eurozone. The new Emergency Liquidity Assistance Agreement 2017 sustains this institutional design, leaves the Emergency Liquidity Assistance competence with the national central banks and specifies the cooperation between the European Central Bank and the national central banks with regard to the veto-option of the European Central Bank to national Emergency Liquidity Assistance operations. Against this background, the paper discusses whether the current legal competence structure of the European and Monetary Union would also allow for more authority of the European Central Bank with regard to Emergency Liquidity Assistance powers. The paper concludes there is a sufficient legal basis in the monetary policy and financial stability mandate of the European Central Bank to allow it to grant Emergency Liquidity Assistance at least with regard to ‘significant’ banks, as defined under the current European Banking Supervision regime.
26
Harust, Y. V., V. I. Melnyk, V. V. Mirgorod-Karpova, B. O. Pavlenko, Yu M. Kiiashko e D. V. Maletov. "Functioning of the system for evaluating the effectiveness of international technical assistance: the experience of the European Union and the world's leading countries". Legal horizons, n. 26 (2021): 117–24. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p117.
Testo completoAbstract (sommario):
The authors of the article study the foreign experience of the administrative and legal organization of systems for evaluating the effectiveness of international legal assistance (ITA). The article notes that the definition of international technical assistance in different countries is interpreted differently. States, at the national level, establish their own definitions of the concept, which may differ in content and characteristics. It is established that the assessment of the effectiveness of the use of ITA has the ultimate goal to ensure its better use. Both ITA donors and recipients are interested in this. The largest ITA donors have been identified as Japan, the United States, and the European Union. Each of these donors has its own system for evaluating the effectiveness of the ITA provided. In the study of the model for evaluating the effectiveness of the US ITA, the key role of the United States Agency for International Development (USAID) was highlighted. The Agency itself has developed tools to monitor the assistance provided, implements analysis programs, publishes reports, and conducts training among its employees. In Japan, the Ministry of Foreign Affairs of Japan and the Japan International Cooperation Agency (JICA) have been found to be the central policy-makers in Japan. These bodies issue regulatory regulations on which the performance appraisal process is based, analyze experience, conduct training, and publish reports on their official websites. In the Japanese model for assessing the effectiveness of the provision and use of ITA's, the key features are assessing the usefulness of the assistance provided in terms of Japan's diplomatic interests. It was found that a characteristic feature of the evaluation system of the European Union is the functioning of the Regulatory Control Council, which reviews and improves the legislation in the field of ITA. The article establishes the relationship between national legal systems and global standards for assessing international assistance. It is established that the donors of the ITA, for the organization of the system of evaluation of its effectiveness, use as a basis the Quality Standards for evaluation, which are developed by the Development Assistance Committee (DAC) at the Organization for Economic Cooperation and Development (OECD).
27
Hanson, Michael. "State Sponsorship: An Impediment to the Global Fight against Terrorism". Groningen Journal of International Law 7, n. 2 (28 febbraio 2020): 132–44. http://dx.doi.org/10.21827/grojil.7.2.132-144.
Testo completoAbstract (sommario):
Following the terrorist attack on the United States of America on 11 September 2001, global efforts against terrorism have increased. Notwithstanding these efforts, terrorist attacks continue across the globe amidst accusations that some States provide support for terrorists. This work examines the State sponsorship of terrorist groups in light of the global fight against terrorism. The methodology used here is doctrinal. This work finds that the continuous provision of resources to terrorist groups by some States against the dictates of relevant existing international legal setups operates as an impediment to the global fight against terrorism. It concludes that cutting off State support for terrorists remains the sine qua non for achieving success in the global war against terror. To do this requires the strengthening of international laws on terrorism, increasing diplomatic relations to expose involved States, imposing and enforcing strong sanctions against supporting States, reduction of such States’meddling in activities of other countries, increased assistance to failed States and decreased assistance to involved States.
28
Lymar, Marharyta, e Iryna Tykhonenko. "AMERICAN SECURITY ASSISTANCE TO UKRAINE: MECHANISMS AND PRACTICAL IMPLEMENTATIONS". American History & Politics: Scientific edition, n. 13 (2022): 16–25. http://dx.doi.org/10.17721/2521-1706.2022.13.2.
Testo completoAbstract (sommario):
The purpose of the article is to research basis, experience, and practical ways of the implementation of U.S. security (defense) assistance to Ukraine. The current study considers the institutional and legal framework for providing U.S. defense support to Ukraine; explores the preconditions for strengthening U.S. military assistance at modern stage; analyzes the possible consequences of such support for the United States; gives an overall assessment of U.S. security assistance to Ukraine since 2014. The methodological basis of the study includes a set of general and special research methods. The systematic method allowed to consider the process of providing military assistance to Ukraine by the United States as a multilevel system. First, military support to Ukraine is considered in the format of mechanisms that promote comprehensive military assistance to Ukraine. Second, it is observed as an element of foreign policy strategies of the U.S. administrations since 2014. Third, the overall impact of U.S. assistance to Ukraine is studied in the format of a security environment at the regional and global levels of international relations. The comparative method helped to compare the volumes and effectiveness of security assistance under Obama, Trump, and Biden administrations. Statistical methods were used as the basis for the objective study and allowed to consider features and scope of assistance in the period from 2014 to 2022. The scientific novelty lies in one of the first attempts among Ukrainian authors to make an overall analysis of current situation in Ukraine, – active phase of Russian aggression against our state, – given the fact that domestic scientists are just beginning to study comprehensively foreign military and defense assistance that Ukraine receives from international partners, including the United States. In this regard, the authors pay special attention to reviewing American and British sources as well as current news and analytical reports. Summing up, the authors confirm significance of American security support for effective military counteraction to Russia and restoration of Ukraine’s territorial integrity.
29
Mawhinney, Barry, e Kim Girtel. "Fourth Legal Advisers’ Meeting at UN Headquarters in New York". American Journal of International Law 88, n. 2 (aprile 1994): 379–82. http://dx.doi.org/10.2307/2204108.
Testo completoAbstract (sommario):
The fourth informal meeting of the heads of offices responsible for international legal services of the foreign ministries of the member states of the United Nations (the Legal Advisers) took place at UN headquarters in New York on October 25 and 26, 1993. The meeting, like the previous three, was organized at the invitation of the Legal Advisers of Canada, India, Mexico, Poland and Sweden, and with the assistance of the Legal Counsel of the United Nations, Under-Secretary-General Carl-August Fleischhauer. Forty-eight Legal Advisers and thirteen of their deputies attended, together with nearly fifty other interested participants, including the chairman of the Sixth Committee, María del Lujan Flores, the chairman of the International Law Commission, Julio Barboza, the Secretary-General of the Asian-African Legal Consultative Committee, Frank X. Njenga, a representative from Switzerland and a representative of the International Committee of the Red Cross. Representatives of all five permanent members of the Security Council were present.
30
Prysiazhniuk, Y. Y. "Legal activity of the international renewable energy agency". Uzhhorod National University Herald. Series: Law 2, n. 76 (14 giugno 2023): 251–56. http://dx.doi.org/10.24144/2307-3322.2022.76.2.40.
Testo completoAbstract (sommario):
The energy sector’s transition from a fossil fuel-based system to an energy-efficient system from renewable sources is recognized as indisputable and undeniable. However, the primary energy that comes from renewable sources today is only 5% of world consumption. Thus, the transition will require a lot of time and effort in the field of international policy. First, effective measures should be taken to increase the use of renewable energy to a level that reduces climate change. The prominent active persons who make decisions at the international level remain the states. International organizations can provide substantial assistance to the states in this area, including the International Renewable Energy Agency (IRENA).Today, IRENA works with the main players and helps to shape their policy. This is evidenced by the agency’s activities, initiatives, and tools. The organization has achieved a major success in the regulation of renewable energy. At the same time, for the developed norms to become universal, the agency should spread its initiatives more evenly around the world. Most modern states need help in improving their renewable energy policy. Such assistance will be easier, based on universal standards of renewable energy. It is in this direction that IRENA works.Focusing on the global development of renewable energy, IRENA is working with international organizations such as the International Energy Agency (IEA) and the United Nations (UN). IRENA is established as an intergovernmental organization that supports the states in their transition to a sustainable energy future and serves as the main platform for international cooperation, a center for the acquired experience, and a repository of policy, technology, resources, and financial knowledge on renewable energy.
31
Yundt, Keith W. "The Organization of American States and Legal Protection to Political Refugees in Central America". International Migration Review 23, n. 2 (giugno 1989): 201–18. http://dx.doi.org/10.1177/019791838902300202.
Testo completoAbstract (sommario):
Since 1978, massive influxes of asylum seekers have placed great strain upon recipient states in Central America. At the global level, protection and assistance to refugees is entrusted to the United Nations High Commissioner for Refugees (UNHCR). At the regional level, one would expect involvement by the Organization of American States with Central America refugees; either to supplement UNHCR activities or to enforce independent inter-American standards. This article reviews inter-American standards and agencies of concern for asylum seekers and refugees. Special attention is given to the inter-American human rights regime as the mechanism best suited to supplement or complement UNHCR activities in Central America.
32
Smith, Bradford L. "In re Request for Assistance from Ministry of Legal Affairs of Trinidad and Tobago". American Journal of International Law 82, n. 4 (ottobre 1988): 824–28. http://dx.doi.org/10.2307/2203518.
Testo completoAbstract (sommario):
Appellant, Joseph Azar, appealed the district court’s denial of his motion to quash a subpoena obtained by the U.S. Department of Justice at the request of the Minister of Legal Affairs of Trinidad and Tobago. The United States had sought the subpoena to obtain Azar’s Florida bank records as part of a criminal investigation in Trinidad and Tobago. On review, the Court of Appeals for the Eleventh Circuit (per Fay, J.) affirmed the district court’s decision and held that 28 U.S.C. §1782 authorized the judicial assistance sought by the Minister of Legal Affairs even though there was no pending proceeding in Trinidad and Tobago.
33
Juryk, Anna. "RECOVERY OF MAINTENANCE OBLIGATIONS IN POLISH-AMERICAN RELATIONS – END OF RECIPROCAL PRINCIPLE". Review of European and Comparative Law 31, n. 4 (15 dicembre 2017): 83–109. http://dx.doi.org/10.31743/recl.4162.
Testo completoAbstract (sommario):
This article concerns changes in recovery the child support and other forms of family maintenance in Polish-American relations after entered into force Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance for the United States (1st January 2017) . These changes primarily concern: cooperation between Polish and American Central Authorities, recognition and enforcement of foreign judgments, applications and required documents and legal assistance as well as costs . The 2007 Convention is a hope for maintenance creditors for more effective and faster enforcement of maintenance in the United States and the similarity to the provisions of the Regulation (EU) No 4/2009 gives a chance for unified global cooperation between States in recovery of maintenance, as well as constitutes facilitation for central authorities examining applications EU and non-EU States based on similar principles .
34
Morris, Virginia, e M. Christiane Bourloyannis-Vrailas. "The Work of the Sixth Committee at the Fifty-Second Session of the UN General Assembly". American Journal of International Law 92, n. 3 (luglio 1998): 568–76. http://dx.doi.org/10.2307/2997932.
Testo completoAbstract (sommario):
At the fifty-second session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for three new legal instruments relating to (1) the establishment of a permanent international criminal court, (2) international terrorism and (3) jurisdictional immunities of states and their property, as well as other topics concerning the United Nations internal justice system, the United Nations Decade of International Law (Decade) and the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law. The topics are discussed in the order in which they were considered by the committee.
35
Bartolini, Giulio, e Marco Pertile. "Relic of the Past or Immortal Phoenix? The Legal Relevance of Neutrality in the Russo-Ukrainian War". Italian Yearbook of International Law Online 32, n. 1 (6 novembre 2023): 201–30. http://dx.doi.org/10.1163/22116133-03201011.
Testo completoAbstract (sommario):
Abstract The article examines the role of neutrality in the Russo-Ukrainian war by analyzing the legal justifications offered by States with reference to the provision of weapons and economic assistance to the belligerents. The findings reveal that the law of neutrality has played a limited role as neutrality-based legal arguments were rarely utilized, even when they were available, either by countries supporting Ukraine or by those maintaining some impartiality towards the belligerents. The decision of a significant group of states to provide military and economic assistance to Ukraine was based on jus ad bellum arguments and rarely took into consideration the law of neutrality. Perhaps surprisingly, even the parties to the conflict seldom employed legal arguments related to neutrality. Permanent neutrals or countries traditionally adopting a policy of neutrality, on their turn, tend to limit the obligations of neutrality to their military dimension while remaining open to providing economic and humanitarian support. This diminishing relevance of neutrality law, amidst the ongoing crisis of the United Nations’ collective security system, may lead to a legal order where third-party involvement in conflicts becomes more common. The authors maintain that the obsolescence of the law of neutrality is not yet complete, as occasional references to its rules still emerge, and many States have chosen not to take sides in the present conflict. Neutrality, however, as reflected in State declarations, appears to be interpreted more as a political choice rather than a legal obligation.
36
Bronfman, Lois Martin, David Butzer e Brian Stipak. "Reducing Domestic Violence in the United States: Targeting the Misdemeanour Crime". International Journal of Police Science & Management 2, n. 3 (giugno 2000): 242–51. http://dx.doi.org/10.1177/146135570000200305.
Testo completoAbstract (sommario):
In 1993, the Portland Police Bureau created a special unit, the Domestic Violence Reduction Unit (DVRU) to address an emerging area of public concern: domestic violence. Focusing on the misdemeanour domestic violence case, the mission of the unit is to reduce the overall level of domestic violence in the community through a programme which provides follow-up investigation, interagency coordination, community education and assistance to victims. The programme provides an example of law enforcement's efforts to move beyond arrest to interrupt the cycle of domestic violence crime by enhancing prosecution and by empowering victims. The formation of the unit was a direct result of 1) a philosophy of community policing policy which required consultation with community groups in establishing police priorities and strategies; and 2) changing legal and cultural perspectives on domestic violence crimes. This paper explores the development of the DVRU, its operation and its impact, and discusses its strengths and limitations after five years of experience.
37
Hammond, Andrew. "Territorial Exceptionalism and the American Welfare State". Michigan Law Review, n. 119.8 (2021): 1639. http://dx.doi.org/10.36644/mlr.119.8.territorial.
Testo completoAbstract (sommario):
Federal law excludes millions of American citizens from crucial public benefits simply because they live in the United States territories. If the Social Security Administration determines a low-income individual has a disability, that person can move to another state and continue to receive benefits. But if that person moves to, say, Guam or the U.S. Virgin Islands, that person loses their right to federal aid. Similarly with SNAP (food stamps), federal spending rises with increased demand—whether because of a recession, a pandemic, or a climate disaster. But unlike the rest of the United States, Puerto Rico, the Northern Mariana Islands, and American Samoa receive a limited amount of federal food assistance, regardless of need. That’s why, after Hurricane Maria, despite additional congressional action, over a million Puerto Rican residents lost food assistance. And with Medicaid, federal law caps medical assistance for each of these five territories, a limit that does not exist for the fifty states or the District of Columbia. This Article draws much-needed attention to these discrepancies in legal status and social protection. It surveys the eligibility rules and financing structure of disability benefits, food assistance, and health insurance for low-income Americans in the states and the territories. A comprehensive account of these practices provokes questions about the tiers of citizenship built by a fragmented and devolved American state. Part I invokes the scholarship on social citizenship, the idea that an individual cannot meaningfully participate in society without some modicum of economic security. Part I then explores the tension between that normative commitment and one of the defining features of the American welfare state—federalism. It then elaborates the exceptional legal status of Americans who live in U.S. territories. Part II provides a comprehensive overview of federal food, medical, and disability assistance and, in doing so, demonstrates how the American territories inhabit a different and, in many ways, dilapidated corner of the American welfare state. Part III begins with an analysis of ongoing cases in federal court that challenge this facial discrimination. It then canvasses legislation introduced in Congress that would make significant progress in putting territorial Americans on par with Americans in the fifty states. To conclude, Part IV brings the states back in, using the earlier discussion of territories as an invitation to imagine an American welfare state built on a foundation other than a racial order.
38
Li, Moyan. "Comparative Analysis of Expert Testimony in Cases Involving Mental Health as Mitigating Factor". Lecture Notes in Education Psychology and Public Media 28, n. 1 (7 dicembre 2023): 99–107. http://dx.doi.org/10.54254/2753-7048/28/20231293.
Testo completoAbstract (sommario):
In the 20th century, the reliance on expert witnesses grew due to technological advancements and complex legal cases. Notably, the scientific foundation of psychology gained widespread acknowledgment, bestowing a pivotal role upon psychologists, particularly those specializing in forensic psychology, within the courtroom. In the United States, experts assist impartial judgments in the adversarial litigation model. This article conducts a comparative analysis of two casesone in South Korea and one in the United Stateswhere forensic psychologists played a central role in providing crucial assistance to defendants grappling with mental health issues. These cases shed light on the discernible distinctions within the expert witness systems between the two countries, emphasizing the profound impact of legal traditions on the significance attributed to expert opinions and the dynamics of equitable legal decision-making. This exploration underscores the evolving role of expert witnesses in an ever-advancing legal landscape, where their expertise continues to be a lodestar guiding the pursuit of justice.
39
Widagdo, Setyo, e Rika Kurniaty. "PRINSIP RESPONSIBILITY TO PROTECT (R2P) DALAM KONFLIK ISRAEL- PALESTINA: BAGAIMANA SIKAP INDONESIA?" Arena Hukum 14, n. 2 (31 agosto 2021): 314–27. http://dx.doi.org/10.21776/ub.arenahukum.2021.01402.6.
Testo completoAbstract (sommario):
This article aims to discuss the Principles of Responsibility to Protect (R2P) that may be applied to the conflict in the Gaza Strip between Israel and Palestine. This normative legal research using a conceptual approach and a case approach indicates that the humanitarian crisis resulting from the conflict needs to be the focus of the international community, and the R2P principle may be applied as an alternative solution. Although the R2P principle is not a legal formulation, R2P plays an important role. It is recognized as an emerging norm or an obligation with a legal significance. R2P has been agreed upon and accepted by most countries globally that are members of the United Nations through UN General Assembly Resolutions. R2P assigns responsibility to the international community to help parties protect populations from the crime of genocide. Ultimately, R2P is expected to encourage states to fulfill their legal responsibilities and obligations, help build capacity to protect populations, and provide assistance to states in emergencies.
40
Propp, Kenneth R. "Agreements on Extradition and Mutual Legal Assistance Between the United States of America and the European Union". International Legal Materials 43, n. 4 (luglio 2004): 747–48. http://dx.doi.org/10.1017/s0020782900007634.
Testo completo
41
KHASSENOVA, Almagul, Anna KUDRYAVTSEVA, Amanbec MASHABAEYV, Zhanna UALIYEVA e Denis SHAKENOV. "Problems of Implementation of the United Nation Convention Against Corruption in Kazakhstan Legislation". Journal of Advanced Research in Law and Economics 9, n. 7 (20 novembre 2019): 2316. http://dx.doi.org/10.14505//jarle.v9.7(37).15.
Testo completoAbstract (sommario):
In the modern period, the objective factor is the awareness of humanity of its unity in solving global problems. One of these problems is the implementation of joint actions by states in the field of combating corruption. There is no doubt that the achievement of this goal should be based on international conventions adopted in accordance with generally accepted principles and norms of international law.
The world community is aware of the danger of corruption and is taking effective steps to consolidate efforts against this global threat. In modern international law, an institution of cooperation in the fight against corruption has been formed. The norms of this institution determine the basic signs of corruption and corruption offenses, determine the range of subjects of corruption, establish the rules for the exercise of jurisdiction, and provide for forms of cooperation and measures of assistance and legal assistance.
42
Rose, Cecily. "The Creation of a Review Mechanism for the UN Convention Against Transnational Organized Crime and Its Protocols". American Journal of International Law 114, n. 1 (gennaio 2020): 51–67. http://dx.doi.org/10.1017/ajil.2019.71.
Testo completoAbstract (sommario):
In November 2000, the United Nations General Assembly adopted the United Nations Convention Against Transnational Organized Crime (UNTOC or Convention) and its three protocols on human trafficking, migrant smuggling, and firearms. These instruments are the product of three years of diplomatic negotiations, and they represent a substantial contribution to international lawmaking in the area of transnational criminal law. UNTOC has attracted almost universal participation, with 190 states parties at present. Nearly two decades after the adoption of these instruments, however, remarkably little is known about whether states parties have implemented UNTOC and its protocols in their national legislation, whether they enforce such legislation, and whether they make use of UNTOC's provisions concerning international cooperation (e.g., extradition and mutual legal assistance). In other words, the influence of these instruments in practice remains largely unknown.
43
Lagerwall, Anne. "How does jus contra bellum apply to States in their Relations with the Self-proclaimed Republics in the Donbass?" Italian Yearbook of International Law Online 32, n. 1 (6 novembre 2023): 159–80. http://dx.doi.org/10.1163/22116133-03201009.
Testo completoAbstract (sommario):
Abstract The escalation in February 2022 of the conflict between Ukraine and Russia that first began in 2014 has not been the subject of particularly divergent opinions from an international legal perspective. The overwhelming majority of States and authors condemn the Russian military operations as a blatant act of aggression pursued in violation of the United Nations Charter. Yet, it might be useful to examine the reactions prompted by the main argument deployed by Russia as to the right of the Peoples’ Republics of Donetsk and Luhansk to benefit from military assistance by virtue of collective self-defence recognized in customary international law and codified in Article 51 of the United Nations Charter. This argument raises the question of the applicability of the jus contra bellum regime to relations between States and secessionist entities which has already been debated. This contribution argues that the war in Ukraine sets a precedent which confirms that self-defence is a justification exclusively available to States and that secession or territorial annexation secured through forceful means cannot be recognized, while addressing how one can understand, from an international legal perspective, that this has sometimes been the case in the past.
44
Podolsky, Vadim. "History of the social policy in the United Kingdom". Obshchestvennye nauki i sovremennost, n. 5 (2021): 103. http://dx.doi.org/10.31857/s086904990016102-4.
Testo completoAbstract (sommario):
In the XVII century Great Britain became the first country in the world with a full-scale system of social support, which was regulated at the state level. The “Old Poor Law” of 1601 and the “New Poor Law” of 1834 are well-studied in both foreign and Russian science, but the solutions that preceded them are less known. The aim of this study is to describe the development of social policy in Great Britain up to 1834, when the system of assistance to people in need was redesigned according to the liberal logic of minimal interference of the state. The article is based on comparative and historic approach and analysis of legal documents. It demonstrates the evolution of institutions and practices of social support in Great Britain. In this country social policy grew from church and private charity and developed at local level under centrally defined rules. Consistent presentation of social policy history in Great Britain is valuable for studies of charity, local self-government and social policy.
45
Pineda, Victor Santiago, Stephen Meyer e John Paul Cruz. "The Inclusion Imperative. Forging an Inclusive New Urban Agenda". Journal of Public Space 2, n. 4 (31 dicembre 2017): 1. http://dx.doi.org/10.5204/jps.v2i4.138.
Testo completoAbstract (sommario):
<p>Over the next 32 years, cities will shape virtually every aspect of global development, including the manner in which rights to housing, health, and education are won or wasted, implemented or ignored (Marcuse and Van Kempen, 2011; Sassen, 2011). The urban century can transform the productive capacity and outcomes of the estimated 400-600 million urban citizens who live with disabilities. This number is set to increase dramatically by 2050 when 66% of the global population will be living in cities (Acuto, 2013; Alger, 2013). Of the projected increase of 2.5 billion urban dwellers,<a title="" href="#_ftn1"><sup><sup>[1]</sup></sup></a> 15-20% are expected to be persons with disabilities.<a title="" href="#_ftn2">[2]</a> Well-planned cities have dramatically improved the social and economic outcomes for individuals with a range of disabilities, their families, and the larger communities they participate in. Well-planned cities take into consideration the widest range of needs and incorporate design standards that assume that a significant portion of the population may have difficulty seeing, hearing, or moving around without assistance.</p><p>A growing body of research now shows that the most pressing issue faced by millions of persons with disabilities worldwide is not their disability but rather social exclusion (Abendroth et al., 2015; Ahmmad et al., 2014; Al Qadi et al., 2012; Amedeo and Speicher, 1995; Anguelovski, 2013; Bezmez, 2013). Poor planning, and unregulated urban development can have devastating consequences for persons with disabilities. According to the United Nations CRPD Committee, “Without access to the physical environment, to transportation… and to other facilities and services open or provided to the public, persons with disabilities would not have equal opportunities for participation in their respective societies.”<a title="" href="#_ftn3">[3]</a> The committee also states that “Accessibility is a precondition for persons with disabilities to live independently and participate fully and equally in society.”<a title="" href="#_ftn4">[4]</a></p>Gender, ethnicity, and poverty, compound existing exclusions for persons with disabilities, limiting their access to opportunities.<div><br clear="all" /><hr align="left" size="1" width="33%" /><div><p class="Normal1"><a title="" href="#_ftnref1"><sup><sup>[1]</sup></sup></a> The proportion of the world’s urban population is expected to increase to approximately 57% by 2050. African Development Bank,<a href="/editor/%20http:/www.afdb.org/en/blogs/afdb-championing-inclusive-growth-across-africa/post/urbanization-in-africa-10143/"> http://www.afdb.org/en/blogs/afdb-championing-inclusive-growth-across-africa/post/urbanization-in-africa-10143/</a>.</p></div><div><p><a title="" href="#_ftnref2">[2]</a> Approximately 90% of this increase will be concentrated in African and Asian cities like Shenzhen, Karachi, Lagos, Guangzhou, Dhaka, Jakarta, and many others that have urbanized at a rate of 40-60% between 2000-2010</p></div><div><p><a title="" href="#_ftnref3">[3]</a> CRPD/C/GC/2</p></div><div><p><a title="" href="#_ftnref4">[4]</a> The International Convention on the Elimination of All Forms of Racial Discrimination guarantees everyone the right of access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafes, theatres and parks (art. 5 (f)). Thus, a precedent has been established in the international human rights legal framework for viewing the right to access as a right per se.</p></div></div>
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Gómez, Katia Fach, e Catharine Titi. "Facilitating Access to Investor-State Dispute Settlement for Small and Medium-Sized Enterprises: Tracing the Path Forward". European Business Law Review 34, Issue 7 (1 dicembre 2023): 1039–68. http://dx.doi.org/10.54648/eulr2023049.
Testo completoAbstract (sommario):
The costs of accessing investor-state dispute settlement (ISDS) are notoriously high. International investment treaties and investment dispute settlement in particular have been primarily designed with large investors in mind – those with the means to access an international tribunal –, while small and medium-sized enterprises (SMEs) and individual or vulnerable investors can face significant barriers to accessing ISDS. This article is the first in legal scholarship to identify and evaluate the diverse opportunities that exist for the establishment and operation of mechanisms allowing SMEs better and easier access to ISDS. Drawing on the wealth of comparative experience from the functioning of existing dispute settlement assistance mechanisms in international courts and tribunals, the article argues that legal assistance is a more efficient and cost-effective tool than financial assistance and presents concrete proposals for the funding and operation of such a mechanism for SMEs. Finally, the article examines the political cost involved in facilitating SMEs’ access to ISDS, in light of the fact that some states have been increasingly wary of ISDS, but it weighs this challengeagainst the imperative of ensuring effective access to justice. Small and medium-sized enterprises (SMEs), investor-state dispute settlement (ISDS), United Nations Commission on International Trade Law (UNCITRAL), access to justice, international investment agreements (IIAs), advisory centre on international investment law, procedural costs, legal assistance funds, expedited proceedings, UNCItRAL Working Group III
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Cohen, Joel E. "Why Should More United States Tax Money be Used to Pay for Development Assistance in Poor Countries?" Population and Development Review 23, n. 3 (settembre 1997): 579. http://dx.doi.org/10.2307/2137575.
Testo completo
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Serafinelli, Lorenzo. "Spatial Injustice and the Informal Housing Market in the United States: How Predatory Practices Impact upon Geographies". Legalities 4, n. 1 (marzo 2024): 98–113. http://dx.doi.org/10.3366/legal.2024.0066.
Testo completoAbstract (sommario):
A large share of the African American population in the U.S. lives in poor areas characterized by high unemployment, low housing quality, and unhealthy living conditions, thus making low socioeconomic status a critical risk factor. Consequently, the higher Covid-19 death toll paid by Black Americans has been linked to the Redlining policies introduced by the Home Owners Loan Corporation in the 1930s. These policies are believed to have contributed to the development of segregated neighborhoods and ghettoization. Nowadays, we implicitly support a new form of Redlining, which comes in the different shape of the formal/informal market divide in housing. In fact, two pathways to homeownership have always existed in this legal framework. On the one hand, there is a well-established legal regime that provides families with a secure and marketable title to their homes. On the other hand, an informal regime is applied where the most vulnerable citizens (such as Blacks, Latinos, immigrants, and the poor) buy ‘on contract’. This is similar to an installment land contract whereby the seller can easily repossess the house since they are entitled to evict the would-be owner even when a single monthly payment is missed. Indeed, such contracts grew in number particularly in the aftermath of the 2007 subprime mortgage crisis, when the lack of equal access to credit for homeownership led many people to buy houses ‘on contract’. The article aims to show how these predatory lending practices, by fostering ghettoization, favored inequalities and jeopardized the spatial allocation of justice in the U.S.
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Ngazis, Muhammad, Junianto Junianto, Ahmad Rofiq e Amin Purnawan. "Reconstruction of Legal Protection for National Health Insurance Contribution Assistance Recipients Based on Justice Value". Scholars International Journal of Law, Crime and Justice 5, n. 8 (24 agosto 2022): 323–31. http://dx.doi.org/10.36348/sijlcj.2022.v05i08.004.
Testo completoAbstract (sommario):
One of the government's efforts to realize the highest health status and goals, especially for people who cannot afford it, is regulated in Law Number 24 of 2011 concerning the Social Security Administering Body. However, in practice, several problems were found, such as a tendency for the public to assume that the Social Security Administering Body for the Health Sector bears all the financing for health services and there is no guarantee of comfort received by the participants of the Social Security Administering Body for Contribution Assistance. This shows that the enforcement of legal protection regarding the rights of the poor as participants in the Health Insurance Contribution Assistance has not been realized from the perspective of human rights. The purpose of this study is to identify and analyze legal protection and problems for participants of the National Health Insurance Contribution Assistance Recipients (PBI), to identify and analyze the legal factors that affect the implementation of the National Health Insurance system for Contribution Assistance Recipients and to identify and analyze the reconstruction of Article 11 Law on the Social Security Administering Body for participants in the National Health Insurance for Contribution Assistance Recipients based on the value of justice. This study uses a type of research and a Socio-Legal (socio-legal research). The paradigm used is the Constructivism Paradigm to understand that the existing reality cannot be generalized to a particular context at a specific time. The results of the study show that it can be seen clearly both from theoretical studies and empirical studies, including a review of the products of laws and regulations as well as government policies and institutions in the context of the Welfare States and the government's effort to provide social security and social services to all its people in an integrated manner. fair. Legal protection for patients participating in the National Health Insurance Contribution Assistance Recipients (PBI) is an important thing because this is closely related to the handling and health services that will be received by patients. The implementation of legal protection for people who cannot afford has been implemented but is not optimal. The legal factors that most influence the implementation of protection for poor people in hospitals today are community factors, namely not being aware of the law and or not obeying the law, so there is no effectiveness. In addition, there are still differences in the health services received by patients participating in the Health Social Security Administering Body for Contribution Assistance Recipients with patients from the Social Security Administering Body for Non-Contribution Assistance Recipients. The Ideal Construction of the National Social Security System in the Health Sector Based on Welfare Values can be realized by reconstructing the law against Article 11 of Law Number 24 of 2011 concerning the Social Security Administering Body by reconstructing 3 (three) components, namely strengthening the legal substance component, strengthening the legal structure component and strengthening the legal culture component.
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de Wet, Erika. "Reinterpreting Exceptions to the Use of Force in the Interest of Security: Forcible Intervention by Invitation and the Demise of the Negative Equality Principle". AJIL Unbound 111 (2017): 307–11. http://dx.doi.org/10.1017/aju.2017.71.
Testo completoAbstract (sommario):
This essay describes tensions that arise between two types of public goods enshrined in the United Nations Charter—the right to self-determination of people(s) within a territorial state and peace and security—in situations in which recognized governments in conflict-torn countries request military assistance from third states against opposition groups. It illuminates legal challenges in reconciling these public goods in practice, at a time when collective peacekeeping mechanisms appear unable to prevent or terminate civil conflicts and their destabilizing regional impact.