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Khamidovich, Nabiyev Firuz. "THE IMPACT OF INTERNATIONAL INTELLECTUAL PROPERTY LAW ON NATIONAL LAW". Frontline Social Sciences and History Journal 4, n.º 6 (1 de junho de 2024): 39–44. http://dx.doi.org/10.37547/social-fsshj-04-06-06.
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The article examines the impact of international legal norms in the field of intellectual property on the national legislation. The focus is on analyzing key international treaties, such as the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The mechanisms of adapting national legal systems to the requirements of international standards are explored, including legislative reforms and changes in enforcement practices.
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Vasiliev, A. A., A. E. Uzhanov e Yu V. Pechatnova. "Memorial Law: National and International Aspects". Journal of Law and Administration 19, n.º 4 (6 de fevereiro de 2024): 63–84. http://dx.doi.org/10.24833/2073-8420-2023-4-69-63-84.
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Introduction. This article conducts an interdisciplinary study of memory policy, which includes terminological explication and legal analysis of concepts similar in meaning, assessment of the relevance and need to legalize terms related to memory policy, determination of the effectiveness of official memory policy, prediction of its political and social consequences in the long term and exploring the normative limits of national memorial legislation. The purpose of the study is the conceptualization of memorial law.Materials and methods. The main research method is participant observation of the processes of implementation in Russian society and abroad of the concepts of national, historical and social memory, as well as the construction of norms and regulations for establishing legal relations in the field of conservation of military memorial heritage objects. Methods of express diagnostics of problem situations, legal assessment of incidents, sociological and expert surveys (including questionnaires and testing), and modeling were used.Research results. As a result of the study, the need to develop a special federal law on the protection of the military memorial heritage of the Russian Federation, as well as the development of an international (universal) Charter (Convention) on the protection of military memorial heritage sites formed as a result of the Second World War, was substantiated. Discussion and conclusion. It has been established that there is no single position in the scientific community regarding the need for memorial legislation. This largely depends on the political and ideological preferences of a particular author. At the same time, it was concluded that in legal science the conceptual foundations for the formation of memorial law as a special legal complex for the preservation, transmission and protection of historical memory and memorial (war memorial) heritage have been poorly studied. In addition, both at the level of legal doctrine and according to law enforcement practice, the issue of the status and legal means of preserving military memorial heritage has been practically not studied. In this connection, the authors propose the development of a Union Nation Charter for the Protection of Military Memorial Heritage for the purpose of holistic and comprehensive legal regulation of the area under study.
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Kravchuk, S. Y. "Problematic aspects of the influence of the legal system on social phenomena". Uzhhorod National University Herald. Series: Law 1, n.º 82 (16 de maio de 2024): 84–88. http://dx.doi.org/10.24144/2307-3322.2024.82.1.11.
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The article examines the problem of the interaction of law with other social phenomena. On the one hand, law can be used to protect other social phenomena, such as moral norms, economic interests, cultural values, and on the other hand, social phenomena can influence the formation of legal norms and law and order in society. An important aspect of research is the interaction of legal norms with such social phenomena as politics, economy, culture, morality, and others, as well as the influence of legal norms on social reality and the interaction of various aspects of society’s life. The article examines the problem of the correlation of legal policy with certain social phenomena, and also determines the role of law in the formation of social reality. In addition, the author investigates the problem of regulation of social phenomena by the norms of national and international law in the context of social phenomena. Understanding the relationship between law and various social phenomena is important for the development of legal policy in the conditions of constantly changing social realities. Studying the relationship between law and other social phenomena allows us to understand the causes of such conflicts and find ways to solve problems. Understanding the relationship between law and social phenomena is important for the effective functioning of the legal system, ensuring the protection of human rights and freedoms, the development of international law and legal awareness. Knowledge of this interaction helps to understand trends in the development of law as a social phenomenon, as well as social phenomena as components of law. Also, understanding the relationship between law and other social phenomena is important for the development of the international legal system and the implementation of international legal cooperation. In connection with the growth of globalization and international cooperation, there is a need for the development of international law and legal instruments that regulate relations between different states and international organizations. Understanding legal norms and their relationship with social phenomena contributes to the formation of a high legal culture in society and ensuring the protection of human rights and freedoms.
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Inoyatullayevich, Nigmatov Komron. "MODERN TRENDS IN RECOGNIZING THE RESPONSIBILITY OF TNCS FOR HUMAN RIGHTS VIOLATIONS IN INTERNATIONAL LAW". Frontline Social Sciences and History Journal 03, n.º 04 (1 de abril de 2023): 50–53. http://dx.doi.org/10.37547/social-fsshj-03-04-08.
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This article reveals some aspects of the responsibility of transnational corporations for the violation of human rights in international law. Also considered modern approaches to recognizing a certain responsibility of TNCs, as well as the prospects for such recognition in the Republic of Uzbekistan.
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Ratushny, S. "INTERNATIONAL MIGRATION LAW: HISTORICAL AND LEGAL ASPECTS OF ESTABLISHMENT". Scientific Notes Series Law 1, n.º 13 (março de 2023): 166–71. http://dx.doi.org/10.36550/2522-9230-2022-13-166-171.
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The article examines the historical and legal aspects of the emergence and development of international migration law. An attempt is made to study the patterns of evolutionary development of international legal regulation of relations in the field of international migrations, the place and conceptual foundations of international migration law as a separate branch of international public law. The growth of migration flows, their acquisition of new quantitative and qualitative characteristics, being determined by economic, ecological, military-political, demographic and other factors, exerts a strong influence on all aspects of the functioning of the world system, becoming an indispensable component of many spatial changes that determine the essence of territorial identity social groups and form a new culture of thinking, which is based on various social norms, including the principles and norms of international law. The most obvious and effective way of regulating international migration, taken in the dynamics of qualitative changes in its trends and forms, social relationships, socio-economic and political-legal processes, development of technical capabilities of means of communication, is its international legal regulation, carried out as universal and at the regional levels of interstate cooperation, taking into account the evolution and historical development of international legal doctrine and practice. At the same time, the accuracy of the expected assessment of the results of international legal regulation directly depends on the adequacy of the understanding of the legal nature, essence and place of international migration law in the general legal system. It should be fundamental to understand and accept the thesis that the ideology and philosophy of legal regulation of relations in the field of international migration is based on the thesis of the need to find and ensure a balance between state sovereignty - the cornerstone of the international legal order and freedom of movement - one of the basic human freedoms. These basic elements remained practically unchanged during the entire historical period of international legal regulation of relations in the field of international migrations, although the level of tension between them and the ways of articulation of the latter changed throughout the history of international law at the doctrinal level and in the practice of state approaches.
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Tyagi, Y. K., e Armin Rosencranz. "Some international law aspects of the Bhopal disaster". Social Science & Medicine 27, n.º 10 (janeiro de 1988): 1105–12. http://dx.doi.org/10.1016/0277-9536(88)90305-x.
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Gwoździewicz, Sylwia, e Dominika Koryluk. "SEX TOURISM - AN INTERNATIONAL CRIMINAL LAW AND SOCIAL PROBLEM". International Journal of New Economics and Social Sciences 7, n.º 1 (29 de junho de 2018): 88–99. http://dx.doi.org/10.5604/01.3001.0012.2555.
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The aim of the article is to present the phenomenon of sex tourism as an international criminal law and social problem - in the aspect of social and forensic issues, in reference to current measures of criminal law protection. The authors analyzed the theoretical aspects of sex tourism and described the phenomenon by detailing criminal and social problems. The aim of the study was to analyze legal literature, social and forensic problems related to sex tourism and to analyze the directions of scientific research.
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Melnik, O. "INTERNATIONAL SOCIAL STANDARDS IN THE CONTEXT OF IMPROVEMENT OF THE SOURCE SYSTEM OF SOCIAL SECURITY LAW: THE SCIENTIFICTHEORETICAL ASPECT". Social Law, n.º 2 (21 de abril de 2019): 173–79. http://dx.doi.org/10.37440/soclaw.2019.02.27.
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In this scientific article, the theoretical and legal aspects of international social standards areconsidered as an important component of the development of the system of sources of social security law.The emphasis is on key issues of the current state of sources of social welfare through the prism of acomprehensive social reform. The importance of developing qualitative approaches to the implementationof international social standards is also emphasized. The doctrinal definitions of "international socialstandards" are analyzed. Conclusions and suggestions on principles and mechanisms of implementationof international social standards in the process of development of the latest system of sources of socialsecurity law are made.
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Yuldashov, A. A. "Government policies related to social protection of disabled persons in uzbekistan: national and international aspects". Teisė 84 (1 de janeiro de 2012): 0. http://dx.doi.org/10.15388/teise.2012.0.23.
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Cho, Sungjoon. "A Social Critique of Behavioral Approaches to International Law". AJIL Unbound 115 (2021): 248–52. http://dx.doi.org/10.1017/aju.2021.36.
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Behavioral approaches have been successful in challenging the rational actor model of international legal analysis and supplementing that model with empirical evidence. Yet observing a set of features about the world requires ignoring or bracketing others. Behavioral approaches retain their own inevitable blind spots, which are not necessarily products of flawed experimental design, but stem from the paradigmatic traits of these approaches. These blind spots derive from an emphasis on methodological individualism, positivism, and experimentation. This emphasis may obscure the social aspects of international legal decision-making. For example, behavioral approaches to international law often use experimental data to describe cognitive tendencies. In doing so, these approaches may not seek and likely will not have tools to discover the meaning of a state action, or the human actions that produce that state action. That latter inquiry requires “historical, ethnographic and other sociological methods that analyze social life outside of the experimental setting.” In sum, behavioral approaches pursue both theoretical and empirical concerns different from those pursued in an interpretive mode of meaning-making.
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Shekhovtsova, Victoria, Olena Guzenko, Oksana Soldatenko e Oksana Borysiuk. "Norms of International and Financial Law: General Features and Problems (Aspects of Public Administration)". Financial Engineering 1 (1 de junho de 2023): 96–104. http://dx.doi.org/10.37394/232032.2023.1.9.
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The rules of financial law in connection with the worldwide spread of sustainable development concept apply to the social and environmental aspects of the operation of companies. EU legislation provides for accountability of organizations for the management of social and environmental challenges. This study aims to highlight the common features and issues of financial law at the international and national levels on the example of companies with international investment. Results of the research. The study highlights how companies with international investment in Ukraine ensure compliance with financial law and how this practice generally affects business strategy, business model, social behavior, and environmental protection. The common features of the norms of international and financial law within the EU are determined due to the adaptation and policy of integration of the norms into the national legal framework. Member States have adapted the new provisions of Directive 2014/95/EU, companies make public social and environmental operations following the new requirements. The implementation of financial law standards provides the company with several advantages. CSR reporting may not be in line with the actual business focus on environmental sustainability, as it stems from the voluntary nature of this type of reporting, which is contained not only in the law of Directive 2014/95/EU but also in the reporting of Italian, Spanish, Ukrainian companies. Sustainability reports do not guarantee effective management practices for the company’s environmental and environmental issues. The theoretical value of this study lies in complementing the concept of social responsibility: the concept of social responsibility applies to reporting to investors, not society, helping to create business value and increase investment opportunities and maintain profitability.
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Danelyan, A. A., e E. E. Gulyaeva. "International Legal Aspects of Cybersecurity". Moscow Journal of International Law, n.º 1 (25 de julho de 2020): 44–53. http://dx.doi.org/10.24833/0869-0049-2020-1-44-53.
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INTRODUCTION. In the modern world, the number of crimes committed in cyberspace has significantly increased. New types of malware used to achieve illegal goals appear regularly. According to experts, the material damage to the global economy from crimes committed with the help of information and communication technologies amounts to trillions of US dollars. Such a scale requires effective means of legal regulation of relations in cyberspace. Cybersecurity is considered one of the most relevant topics of current international law, which is extremely important for ensuring the national security of states. Information and communication technologies can be used to negatively affect economic, social, cultural and political relations, to damage the economic, military, and defense potential of the state and society. In this regard, the international community is deeply interested in developing a multilateral legal framework for cooperation in the field of cybersecurity. However, a unified approach to solving this problem in the international arena has not yet been developed. Legal regulation of cyberspace is very complex due to the virtual interface characteristics of this area.MATERIALS AND METHODS. The material for the study is the works of Russian and foreign researchers in the field of international law, international legalacts adopted in the framework of the UN and the European Union, draft UN conventions, national regulatory legal acts of the Russian Federation, the People’s Republic of China and other states as well as judicial practice of international courts. Th research methodology is based on general and specific scientific methods of cognition (the dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical legal methods).RESEARCH RESULTS. The analysis showed that despite the applicability of the principles and rules of current international law to the information sphere, the universalization of the international legal regulation of cyberspace is required, taking into account its characteristics and in order to effectively combat the use of information and communication technologies for illegal purposes. The efforts of states to develop special rules of conduct in cyberspace are currently concentrated on a narrow sphere of issues related to human rights, data privacy, etc. Not all states are interested in creating a modern and effective mechanism for cooperation in cyberspace. Many states are openly opposing the development of new international legal instruments. For this reason, the Russian initiative to adopt the UN Convention on Cooperation in Combating Information Crimes has not been support-ed. This fact has entailed the absence of a full-fledged universal international legal framework for cooperation in the field of cyberspace.DISCUSSION AND CONCLUSIONS. Based on the analysis of doctrine and practice, the authors conclude that there is a need to create a universal international legal framework for cooperation in the fi ld of cyberspace. In modern international law, cybersecurity is one of the most pressing problems directly related to state security. The difference in the approaches of states to the problem of ensuring cybersecurity at the present stage entails the absence of an effective multilateral legal framework for cooperation in this area.
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Foziljanovna, Normatova Muharam. "SPECIFIC ASPECTS OF THE SOURCES OF ECONOMIC AND FINANCIAL LAW OF UZBEKISTAN". International Journal of Advance Scientific Research 4, n.º 6 (1 de junho de 2024): 24–29. http://dx.doi.org/10.37547/ijasr-04-06-05.
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The article offers an in-depth analysis of the diverse sources that constitute the economic and financial legal framework of Uzbekistan. It highlights the evolution of these laws from the Soviet era to the present, emphasizing the transition from a centrally planned economy to a market-oriented system. Key sources discussed include the Constitution, legislative acts, presidential decrees, regulatory frameworks, and judicial decisions, each playing a vital role in shaping the legal landscape. The article also explores the influence of international treaties and customary law on Uzbekistan's economic and financial regulations. It underscores the challenges of harmonizing domestic laws with international standards and the importance of legal reforms to support economic growth and stability. The unique combination of these sources reflects Uzbekistan's efforts to create a comprehensive legal system that fosters economic development while ensuring social equity and legal certainty.
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Микрина, Валентина, Valentina Mikrina, Дамир Бекяшев e Damir Bekyashev. "Special aspects of the protection of vulnerable groups in international law". Advances in Law Studies 7, n.º 1 (26 de junho de 2019): 46–50. http://dx.doi.org/10.29039/article_5d1290f30677a2.95247555.
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Vulnerable groups of the population, due to their mental and/or physical limitations, do not have equal access to the enjoyment of their rights and freedoms on an equal basis with other persons. The legal insecurity of such groups is usually affected by external and internal factors that require a comprehensive study in the science of international law. Currently, international law does not enshrine the concept of "vulnerability", but the reference to persons who are vulnerable, as well as the special attention of the international community aimed at protecting their rights, confirms the existence of this social and legal phenomenon. This article discusses the essence of the concept of "vulnerable groups" to determine the criteria for classifying persons to such groups and the consolidation of the term in international legal documents.
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Diggelmann, Oliver. "Beyond the Myth of a Non-relationship: International Law and World War i". Journal of the History of International Law 19, n.º 1 (16 de fevereiro de 2017): 93–120. http://dx.doi.org/10.1163/15718050-12340082.
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This article examines the relationship between international law and World War i from a basic perspective. The first question is whether, and to what degree, international law can or should be regarded as a contributing cause for the outbreak of World War i. Three aspects of international law prior to World War i are discussed: the silent ‘alliance’ between the ius ad bellum and social Darwinism, the lack of individual accountability of the members of the political and military elites under international law, and the role of the law of reprisal as a ‘fire accelerant’ of conflicts. The second focal point lies on central questions of international law during the war. Again, three aspects are addressed: the relationship between international law and new weapons as well as new methods of warfare, legal issues related to long-term occupations and the role of international law with respect to prisoners of war.
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Fikfak, Veronika, Daniel Peat e Eva van der Zee. "Bias in International Law". German Law Journal 23, n.º 3 (abril de 2022): 281–97. http://dx.doi.org/10.1017/glj.2022.23.
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AbstractThis special issue looks at how cognitive bias matters to international law. We wish to shed light on the legal frames, labels, and cognitive biases that shape our understanding of international rules, the application of these rules, and outcomes of international adjudicatory processes. Adopting the behavioral approach to international law, we focus on actual behavior rather than assumed behavior of actors taking part in the international legal process. The central idea of this approach is that human cognitive capacities are limited—or bounded—by a variety of cognitive, emotional and social, or group-based biases. Our aim is to explore how these biases operate on the individual, group, and state level in various spheres of international law. This Symposium therefore looks beyond the traditional understanding of international law as applying between states, and focuses on how individuals, as actors in the international sphere, use international law language to influence other people, to create communities, and to shape identities.This Introduction first serves to explain the type of shortcuts we make in our decision-making. This description of biases is followed by an overview of behavioral literature in international law that has thus far examined how bias operates in different aspects of international law—in relation to sources, to compliance, and individuals taking part in the international legal process. We then turn to introduce the Symposium and explain its contribution to the existing literature.
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Vovk, V. "War thinking as a social practice and international law." Analytical and Comparative Jurisprudence, n.º 2 (24 de julho de 2022): 318–21. http://dx.doi.org/10.24144/2788-6018.2022.02.59.
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The article reveals little-studied aspects of war as a social practice. It is shown that social practices are intertwined with social reality and are the consequences of local transformations of people’s usual actions, which indicates the dynamics of the society’s development as a whole and a “pragmatic turn” in modern humanities and social sciences. It is pointed out that war as a social phenomenon and social practice has been inherent in humanity since the earliest times. Intelligence service became possible thanks to the analysis of the works of scientists-specialists in the field of social philosophy and international law, published in periodicals and monographic literature, which served as material for the study of this topic. On the basis of modern developments of the concept of social practices, the author proves that war is one of the utilitarian social practices of our time. It is indicated that all social practices (including war) basically have an activity aspect, therefore they can be effectively investigated using the activity approach. Particular attention in the article is paid to the temporal characteristics of war as a social practice, in particular: uncertainty, clarity of chronological limits, contextuality and situationality, and the specificity of social time. Within the situational and contextual nature of war as a social practice, it is proved that the invariability of axiological core of war as an armed clash of adversaries does not exclude changes in the forms of war determined by a specific sociocultural context. Considerable attention in the article is paid to the modern form of war – network-centric, which has formed within the framework of the modern information society and is the result of the application of the latest scientific achievements in the field of information and communication technologies. The article also reflects the issues of ritualization, war customs and military affairs.
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Нуртдинова, Алия, e Aliya Nurtdinova. "Social Responsibility of Business: Legal Aspects of the Economic Concept". Journal of Russian Law 3, n.º 1 (24 de dezembro de 2014): 0. http://dx.doi.org/10.12737/7247.
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The article deals with the problem of creation of the business (corporative) social responsibility conception and key elements of this conception. The functioning of the market economy in the modern society is impossible without strong ties between society and business community, social obligations of companies, corporations, firms and so on. Idea of business (corporative) social responsibility reflects these ties and is based on the philosophical doctrine of moral ideals as the goal of social progress. Business (corporative) social responsibility supposes free-will initiatory social activity of companies — activity, that is not related to commercialization. There are some areas of such activity: occupational safety, providing favourable conditions of employment, protection the environment, social security, health protection, culture and education. The author has attempted to characterize principles of companies’ social activity. These are: respect for law order, which means not only subjection to the law, but voluntary renunciation of using deficiencies of law and other law imperfections; respect for international laws; respect for human rights; concerning for moral ideals. Companies realize social responsibility in different ways. First of all through collective bargaining procedure. The next way is cooperation with government and local communities. Cooperation with non-government organizations (civil society organizations) and charity are also possible.
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Samuels, A. "International Medical Malpractice Law". Journal of Medical Ethics 15, n.º 4 (1 de dezembro de 1989): 219–20. http://dx.doi.org/10.1136/jme.15.4.219-a.
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Gostin, Lawrence O. "At Law: International Human Rights Law and Mental Disability". Hastings Center Report 34, n.º 2 (março de 2004): 11. http://dx.doi.org/10.2307/3527679.
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Charlesworth, Hilary, Christine Chinkin e Shelley Wright. "Feminist Approaches to International Law". American Journal of International Law 85, n.º 4 (outubro de 1991): 613–45. http://dx.doi.org/10.2307/2203269.
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The development of feminist jurisprudence in recent years has made a rich and fruitful contribution to legal theory. Few areas of domestic law have avoided the scrutiny of feminist writers, who have exposed the gender bias of apparently neutral systems of rules. A central feature of many western theories about law is that the law is an autonomous entity, distinct from the society it regulates. A legal system is regarded as different from a political or economic system, for example, because it operates on the basis of abstract rationality, and is thus universally applicable and capable of achieving neutrality and objectivity. These attributes are held to give the law its special authority. More radical theories have challenged this abstract rationalism, arguing that legal analysis cannot be separated from the political, economic, historical and cultural context in which people live. Some theorists argue that the law functions as a system of beliefs that make social, political and economic inequalities appear natural. Feminist jurisprudence builds on certain aspects of this critical strain in legal thought. It is much more focused and concrete, however, and derives its theoretical force from immediate experience of the role of the legal system in creating and perpetuating the unequal position of women.
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Zharylouskaya, Maryia. "LEGAL ASPECTS OF GENDER EQUALITY IN THE LABOUR MARKET". Topos, n.º 2023-2 (28 de dezembro de 2023): 38–54. http://dx.doi.org/10.61095/1815-0047-2023-2-38-54.
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The article elaborates on existing international standards for gender equality in the labour market and the main challenges that cause its insufficient effectiveness. The object of the research is the norms of international law establishing human rights standards related to ensuring gender equality in the labour market at the worldwide level through the UN system and, in particular, such legal instruments as the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social and Cultural Rights (1966), the Convention on the Elimination of All Forms of Discrimination Against Women (1979), and the ILO jurisprudence. The research methodology is based on a comprehensive approach, including an analysis of acts of international law, case law of relevant international organisations, and authorities. Inter alia the following methods of scientific knowledge were used in the research: (i) general methods, in particular: scientific abstraction, analysis, synthesis, generalisation, comparison, principles of dialectics and formal logic, historical and systemic approaches; (ii) specific methods, in particular: method of comparative legal research. Based on the research conducted, three main contemporary challenges for the legal regulation of gender aspects of the labour market were identified: (i) the historically determined predominant use of binary perception of sex as a basis for gender discrimination, including in the labour market. Despite the existence of positive implementation practices of HRC, the ILO and CEDAW legal concepts on sex-based and gender-based discrimination should be further developed through both holistic theoretical analysis and the incorporation of relevant legal norms into acts of “hard” international law; (ii) the legal status of men with family responsibilities does not have enough legal regulation on the level of obligatory international guarantees, therefore, subsequent international law should to be adopted; (iii) enforcement mechanisms are weak enough and their implementation is often conditional on the “goodwill” of a State concerned without the possibility of international external enforcement (with the exception of certain ILO mechanisms, which are, however, procedurally difficult to enforce due to the tripartite system of organisation).
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Zabara, І. "INTERNATIONAL LEGAL ORDER: ON THE ISSUE OF PREMISES, AREAS INSTALLATION AND PERIODIZATION (THEORETICAL ASPECTS)". ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS 1, n.º 127 (2016): 87–94. http://dx.doi.org/10.17721/apmv.2016.127.1.87-94.
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Article considers some theoretical aspects related to international legal order. By consistently explores issues prerequisites of becoming international legal order, the areas of its installation and operation, as well as the periodization. The author summarizes the doctrinal international legal opinions and notes that the prerequisites of becoming international law serves several components (social, political, economic and legal) that determine the current state and contribute to the formation and draws attention to the reasons that justify the science of international law. By separately identifies conditions that contribute to the formation of the current state of international law. In order to establish the scope and characteristics of the international law, the author considered traditional doctrinal international legal views on the category of «the international society» and «the interstate society». However, the author is considered and a new approach proposed in the science of international law, according to which international law relevant to twenty-first century is a new category – «the international community». The author notes that the change in the theoretical approach serves not only the result of global world processes, but also their long and deep scientific understanding. However, the author points out that the theoretical problem areas and establishment of the international legal order encompasses and extends to categories such as party and members and international legal order. Separately, the author addresses the issue of periodization and international law. Noting that the issues of periodization have not been the subject of special research, the author summarizes the views of a few researchers. The author, noting the differences in theoretical approaches notes hat common in these scientific views on the issue of periodization research is the isolation of the modern period «era of international legal order of the UN».
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Shekhovtsova, Victoria, Olena Guzenko, Oksana Soldatenko, Valeriiy Vorotin, Zoriana Buryk e Oleg Diegtiar. "Norms of International and Financial Law: General Features and Problems in the Context of Sustainable Development (Aspects of Public Administration)". PROOF 2 (10 de maio de 2022): 130–37. http://dx.doi.org/10.37394/232020.2022.2.16.
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The rules of financial law in connection with the worldwide spread of sustainable development concept apply to the social and environmental aspects of the operation of companies. EU legislation provides for accountability of organizations for the management of social and environmental challenges. This study aims to highlight the common features and issues of financial law at the international and national levels on the example of companies with international investment. Results of the research. The study highlights how companies with international investment in Ukraine ensure compliance with financial law and how this practice generally affects business strategy, business model, social behavior, and environmental protection. The common features of the norms of international and financial law within the EU are determined due to the adaptation and policy of integration of the norms into the national legal framework. Member States have adapted the new provisions of Directive 2014/95/EU, companies make public social and environmental operations following the new requirements. The implementation of financial law standards provides the company with several advantages. CSR reporting may not be in line with the actual business focus on environmental sustainability, as it stems from the voluntary nature of this type of reporting, which is contained not only in the law of Directive 2014/95/EU but also in the reporting of Italian, Spanish, Ukrainian companies. Sustainability reports do not guarantee effective management practices for the company's environmental and environmental issues. The theoretical value of this study lies in complementing the concept of social responsibility: the concept of social responsibility applies to reporting to investors, not society, helping to create business value and increase investment opportunities and maintain profitability.
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Klebanov, Lev R., e Svetlana V. Polubinskaya. "COVID-19 pandemic: legal, criminological, health and social aspects". RUDN Journal of Law 27, n.º 3 (15 de dezembro de 2023): 785–804. http://dx.doi.org/10.22363/2313-2337-2023-27-3-785-804.
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This study considers the impact of the COVID-19 pandemic - announced by the WHO in March 2020 - on law enforcement, crime, and mental health of population, including vulnerable groups (children and adolescents, prisoners, health care workers). The authors use an interdisciplinary research approach, including comparative legal, historical, and formal-legal methods. Anti-epidemic measures aimed at curbing the global spread of the virus and interrupting its transmission routes are described on examples from several countries. The legal basis for such measures consists mainly of legal acts of executive authorities and decisions of local authorities, taken in accordance with national laws in the field of prevention and control of infectious diseases and response to emergencies. The authors discuss in detail the legal instruments used in countering the pandemic in the Russian Federation, including changes and amendments to the legislation on administrative offences and criminal law. The global crisis caused by the pandemic offers examples of effective actions taken by states, but also shows weaknesses in the organization of health care, including functioning of health care workers “on the front line” of fight against the pandemic. The international system for responding to dangerous infections has also underperformed, prompting discussions on the need for an international legal instrument to combat pandemics. Empirical studies have found that the pandemic, combined with restrictive measures, led to increased levels of stress, anxiety and depression, alcohol and other psychoactive substances use among the population, gave rise to new types of illigal behavior and negative dynamics in a number of already known criminal offenses. Therefore, criminologists need to pay attention to changes in the structure and dynamics of crime, conditions that contribute to them, as well as new factors of victimhood.
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Cherepantseva, Yulia Sergeyevna. "Axiological aspects of social protection of individuals affected by radiation". SHS Web of Conferences 134 (2022): 00050. http://dx.doi.org/10.1051/shsconf/202213400050.
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The purpose of the research is determined by the value of human life, which has been recognized absolute since ancient times. Despite the fact that it does not depend on government activities, it is necessary to adopt measures to protect life and create conditions for this. The government should protect individuals by performing actions and ensuring their rights. One of the manifestations of protective actions is legislative consolidation of the right to life and health protection, whose implementation becomes the main measure aimed at compensating for the harm caused by the negative impact of radiation. Based on the analysis of the Russian legislation on social protection of citizens affected by radiation exposure, the axiological aspects of the legal measures are described. The understanding of human life and health as the highest value protected by law is in line with the constitutional principles and norms of international law. The author concludes about the importance of ensuring universality in the exercise of these rights under the negative impact of radiation caused by various factors in relation to all categories of victims. The research results can become the basis for further research on social security in improving the legislation and law enforcement practice.
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Grabovich, Tatiana. "INTERNATIONAL LEGAL ASPECTS OF ECONOMIC RESPONSIBILITIES OF STATES". Baltic Journal of Economic Studies 7, n.º 5 (27 de dezembro de 2021): 250–59. http://dx.doi.org/10.30525/2256-0742/2021-7-5-250-259.
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The subject of the article is international legal aspects of economic responsibility of states. The aim of the article is to find an answer to the problematic issues of economic responsibility of states and its international legal aspects. Different concepts of economic responsibility are analyzed due to the lack of a unified approach to it both in economics and in related branches of law. It is noted that the institution of economic responsibility is designed to stabilize the relations of socio-economic development, the interests of participants in social exchange and to achieve the goals of sustainable development. From the international legal point of view of understanding economic responsibility, the state bears two types of responsibility – material (economic) and non-material (political). And international legal responsibility of the state is considered as an institution of the law of international responsibility. It is from this point of view the economic responsibility of the state is considered by international lawyers and specialists in the field of international relations. The methodology of the article is based on the fact that there are three basic mechanisms of liability – derivative of property rights, contracts, and torts. Contract law deals with breaches of duty, tort law deals with accidental or intentional injury to persons or property, and property law deals with misappropriation or interference with property rights. It is concluded that the state is the same economic entity in terms of economics as all equal economic entities. However, the applicability of the means of economic responsibility in the international legal aspect is complicated by the immunity of the state with regard to its property. Therefore, there are signs of liability not for all property, but only for that which has certain signs of applicability – use for commercial purposes, connection with the subject matter of the claim. In the aspect of economic responsibility, there is a distinction between immunity from jurisdiction and immunity from enforcement. The problem of differentiation of commercial and state property is outlined, attention is focused on the existence of certain categories of state property, the public nature of which is not in doubt and which are not considered possible for economic (property) responsibility for the conduct of diplomatic and consular activities of their missions, consulates, special missions, etc., whose immunity is enshrined in the Vienna Convention on Diplomatic Relations of 1961; military property, as well as property used for military purposes; property that is part of the cultural heritage of a foreign state or part of its archives, as well as property that is part of an exhibition of items of scientific, cultural or historical significance. It is also concluded that economic responsibility in international law is not always associated with the negative consequences of unlawful behavior, because it can also be applied as a result of lawful behavior, leading to the infliction of harm to other subjects. Thus, the economic responsibility of the state is on the verge of regulation of public and private law. This is its peculiarity and complexity of its application to the state.
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Chovanec, Tomáš, Jan Moudrý e Eliška Hudcová. "Some Aspects of Social Farming in Czechia". European Countryside 14, n.º 3 (1 de setembro de 2022): 569–90. http://dx.doi.org/10.2478/euco-2022-0028.
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Abstract Social farming (SF) has been developing dynamically in the Czech Republic in the last 10 years and enterprises are emerging and operating where the necessary conditions and environment are created for various people from target groups. The practice in the Czech Republic is to a large extent based on international practice and follows the basic outlines of the practice of mainly European countries. In these facilities, these persons often find employment or engage in various occupational therapy programmes in the provision of social services. Thus, in this analysis, we qualitatively focus on the identification of the basic factors why these farms come into existence and what are the main determining aspects for their functioning, which are based on the long-term experience of running a farm under the social farming concept. A guided qualitative interview method was chosen with respondents who have been operating in the country for a long time in the framework of the analysis, thus bringing in stimulating experiences that accompany them in their activities. The analysis is thus essentially a first experience in this field and raises a number of further questions that could be further deepened and refined, including in an international context.
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Popovich, Terezia. "MORAL ASPECTS OF DUTY AS A VALUE". European Socio-Legal & Humanitarian Studies, n.º 1 (18 de junho de 2024): 183–88. http://dx.doi.org/10.61345/2734-8873.2024.1.20.
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Law and morality are integral and important components of modern society and play an important role in regulating relations within it. Norms of law and morality are closely intertwined in the process of social regulation, which determines the mutual influence on the essential content of each of them. The interaction of the two categories is reflected in the fact that the law contributes to the realization of moral principles in the minds of all members of society, in turn, under the influence of moral requirements, the law is constantly improved and increases its role as a social regulator of social relations. In addition, the interaction of morality and law is manifested in the fact that today both the national law of most states of the world and international law use such well-known principles as humanism, justice, equality, integrity, which are a reflection of the influence of moral principles on the formation of law in general. In other words, legal norms, in order to ensure the effectiveness of their action, respond to the moral requirements of modern society, reflecting them in their content. It is no less important to pay attention to the implementation of moral aspects in the formulation of legal obligations incumbent on citizens, since the level of their implementation and compliance directly depends on the level of implementation of moral principles and values prevailing in society. Regarding the moral aspects of duty as a value, it is worth noting that the process of formation of a legal duty was closely related to the precepts of morality, which was also reflected in the modern interpretation of duties. That is why we consider it expedient to investigate legal duty as a value for the presence of moral aspects in it and the importance of moral aspects in modern legal duty.
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Urdarevic, Bojan. "Implications of labour migration on the european labour market - labour law aspects". Stanovnistvo 61, n.º 1 (2023): 91–106. http://dx.doi.org/10.2298/stnv2301091u.
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During the 21st century, migrations have become increasing-ly intense, since they are often planned with a specific goal and could cause major social changes. Unfortunately, since there is no definition of the term ?migrant?, countries face a particular challenge in protecting migrant workers? right to work. The International Labour Organization, the Council of Europe, and the European Union have made significant contributions to establishing and developing the migrant worker protection system. At the national level, governments and trade unions contribute to migrant workers? protection by adopting laws to control migrations. However, with many social, political, and economic factors at play, countries can?t always control immigration within their own territory. The author?s hypothesis is that the position of migrant workers depends significantly on the host country?s im-migration and labour policies. The paper concludes that the application of general provisions prescribed at the international level cannot and does not fully protect the rights of migrant workers. Given this, it is not surprising that certain countries and trade unions have begun to protect their interests by adopting legal regulations to manage mi-gration within their territory. The paper identifies the fear that labour migration will negatively affect trade unions? image in those countries where trade unions are weak and disjointed, without real power to influence decision-makers. Finally, when analysing the position of migrant workers in the Republic of Serbia, the author points that the motives for labour force emigration from Serbia are extremely strong, so even if certain changes were to be made to labour con-ditions, there would be no reduction in emigration. This is because workers? motives for emigration go beyond mere dissatisfaction with labour conditions, but are rather linked to their general dissatisfaction with the quality of life in Serbia
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Pyroha, І., D. Byelov e V. Derbak. "Constitutional law in the system of international law". Uzhhorod National University Herald. Series: Law 3, n.º 75 (11 de abril de 2023): 185–90. http://dx.doi.org/10.24144/2307-3322.2022.75.3.30.
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The article analyzes the processes of constitutionalization of international law. The purpose of the study is to substantiate the functions and principles of international law that determine the actions of subjects of international legal relations, to assess the potential of constitutional international law to ensure the constitutional legal order. The methodological strategy is built on the synthesis of general scientific and special private law methods. The main emphasis is placed on three main aspects of the constitutionalization of international law: the general values of the international community, the law-making process at the global level of subjects of international law, considered through the prism of the theory of sovereignty. The problem of finding the methodology of constitutional international law is raised. The general values of the international community as a basic prerequisite for the formation of international constitutional law are analyzed, the actions of subjects of international law are evaluated through the prism of the theory of sovereignty, the peculiarities of the norm-making process at the international level in the context of the formation of international constitutional law and the issue of the distribution of competence between different levels of the multi-level system of modern constitutionalism are investigated . The main principles of international constitutionalism are highlighted: limitation of state power in order to ensure human rights, non-use of force or threat of force, territorial integrity of states and inviolability of borders, democratization of social relations, transparency of legislative norms. Observance of these principles acquires constitutional significance in international law. The conclusions indicate the possibility and necessity of distinguishing international constitutional law as an independent field within the framework of international law due to the uniformity of its legal regulation. Considering the consequences of globalization, there is a need to replace the fragmented order based on regional, political, economic, national or cultural characteristics with a global legal order, which is ensured by the constitutionalization of international law.
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Istomina, Yelena A., e Marina Yu Fedorova. "Temporality in protection against social risk and legal regulation of social security: domestic and international legal aspects". Russian Journal of Labour & Law 14 (2024): 342–57. http://dx.doi.org/10.21638/spbu32.2024.123.
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Considering the issue of temporality in protection against social risk, the authors point out that this activity, which is complex in nature, includes, as one of the most important elements, compensation for social risks mediated by social security law. The conclusion is substantiated that the influence of time on the legal regulation of social security is manifested at two levels. First, time is included in the sectoral legal mechanism in the form of terms, which are associated with the implementation of the right to protection from social risk. These terms, formalized in the rules of law, must be adequate to the social risk, the goals of social security, and the financial and organizational capabilities of the state. Attention is drawn to the fact that the type of terms - the length of service (insurance experience, length of service, etc.) - is especially dependent on the passage of time, since the experience itself is formed in connection with long-term activity. In addition, over time, it is possible to introduce changes to the legislation that directly affect the implementation of social security rights of citizens. This is the second level of the impact of time on the legal regulation of social security - the impact from the outside. As the most striking example of such influence, the reform of the pension system of the Russian Federation is indicated, however, it is emphasized that international agreements on social security, including pensions, concluded by the Russian Federation and the states of the post-Soviet space, over time and as the priorities of the social policy of the state are gradually clarified, lose their force. are being replaced by new agreements that have a serious impact on the realization of citizens' rights. Thus, it is concluded that the problem of temporality in protection against social risk and legal regulation of social security at the domestic and international legal levels is multidimensional and deserves scientific attention.
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N. Simović, Miodrag, Živorad Rašević e Vladimir M. Simović. "CYBER WARFARE AND INTERNATIONAL CYBER LAW: WHITHER?" Journal of Criminology and Criminal Law 58, n.º 3 (12 de dezembro de 2020): 23–37. http://dx.doi.org/10.47152/rkkp.58.3.2.
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This paper analyses historical, sociological and normative aspects of the cyber violence in international relations and international law, aiming to assess the adequacy of the extant international norms for its regulation. It results with the knowledge on the lack of international cooperation and a universal approach, the instrumentalisation of the internet as a means of warfare, lacunae in the relevant legal framework, and the peril of compromisation of the international law. Since the social jeopardy of activities in the cyberspace is hardly measurable and subjected to highly arbitrary interpretations, the problem of the uncertain peacetime or belligerent legal qualification of cyber activities is exposed. The other serios problem is a high risk from potentially disproportional responses of states to the cyber violence. Especially due to the lack of universal international institutions in the field of cyber, it must be concluded that the international lege lata applicable to the cyber violence is not adequate and sustainable. The progressive development of international cyber law is thus suggested, through the pacification of the internet and the international criminalisation of cyber violence.
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المحيسن, Heba Jawdat. "Incompetence in refugee protection under the provisions of the international law". مجلة العلوم الإقتصادية و الإدارية و القانونية 6, n.º 29 (30 de dezembro de 2022): 171–87. http://dx.doi.org/10.26389/ajsrp.m270922.
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This study aims to help the refugees within international law, legal protection for refugees, aspects, the scope of protection, and identify the incompetence. As asylum is one of the most discussed topics as it is considered a burden on the international community, effects it has on the hosted countries, economic, social, and security aspects, studying and analyzing the legal provisions related to refugees in international conventions, especially the Four Geneva conventions and the first and second Additional Protocols since these are the first to organize the principles that limit violations against civilians and refugees. What we have concluded is that international efforts have been established in the field of refugee protection by stipulating their basic rights, which is the right of the individuals to obtain refuge and protection. However, the international community is unable to find realistic and practical solutions to ease of suffering of the refugees, as the obligations and rights imposed are considered satisfactory.
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Senko, V. "Historical aspects of the establishment of the institution of child rights protection in international law". Analytical and Comparative Jurisprudence, n.º 1 (29 de maio de 2023): 479–82. http://dx.doi.org/10.24144/2788-6018.2023.01.83.
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This article provides an understanding of the relevance and importance of the principles of human rights and the UN Convention on the Rights of the Child. The article pays special attention to the importance of observing children's rights and encouraging advocacy activities of public and children's organizations regarding the protection of children's rights.
In the presented study, the author analyzes the articles of the Convention and considers them as social rights (the right to life and development, health care and access to medical care, the right to education, family life, family reunification, the right to assistance in the maximum possible social integration for disabled children, as well as the right to support parents so that they can protect the rights of their children), economic rights (the right to decent living conditions, to social security, to protection from economic exploitation), cultural rights (the right to respect for language, culture and religion, for the abolition of traditional practices that may harm the well-being of the child), protective rights (the right to protect the interests of the child, protection from physical and sexual violence and exploitation, protection from participation in military conflicts, protection from abuse rights and humiliation), civil and political rights (the right to be heard and taken seriously, the right to freedom from discrimination in the exercise of rights, the right to freedom of religion and belief, the right to privacy, to information, to respect for physical and personal integrity and freedom from all forms of violence, torture or other cruel, inhuman, degrading treatment, the right to respect for the order of detention and criminal judiciary).
It is emphasized that the mentioned international legal act plays an important fundamental role in the development of social consciousness and the practice of protecting children's rights and freedoms. It provides the legal basis for the necessary protection of persons under the age of 18.
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Botchway, Thomas Prehi, e Abdul Hamid Kwarteng. "Developing International Law in Challenging Times". Journal of Politics and Law 11, n.º 3 (30 de agosto de 2018): 53. http://dx.doi.org/10.5539/jpl.v11n3p53.
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The challenges confronted by the world in the 21st century are enormous; from the massive outflow of refugees, the threat of terrorism, the need for a general consensus to protect the environment, etc. There is thus the need for scholars, practitioners, and stakeholders of international law to think of effective and efficient ways of developing robust and strong international laws to deal effectively with these challenges.Using the qualitative approach to research, this paper examines some of the key challenges that confronts the development of and compliance with international law. The paper offers some new insights which have the propensity to aid in the development of and compliance with international law in these challenging times.The paper concludes that though international law has over the years expedited addressing most of the world’s challenges, the recent challenges requires modifications of some aspects of existing international laws to effectively deal with such challenges. For instance, there is the need to review the veto power of the five permanent members of the UN Security Council; there must be better interpretation of the law that prohibits the use of force, as well as the need for appropriate measures to convince states that abiding by international law is a win-win game. In addition, deploying economic diplomacy and applying the Corporate Social Responsibility Approach to Building International Law (CRASBIL) are deemed meaningful for developing international law and also achieving effective compliance.
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Shcherbanyuk, Oksana, e Laura Bzova. "Rule of Law and Human Rights: Analysis of International Standards and Case Law". Perspectives of Law and Public Administration 13, n.º 1 (25 de março de 2024): 25–32. http://dx.doi.org/10.62768/plpa/2024/13/1/03.
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The EU's human rights policies and actions have two main components: protecting the fundamental rights of EU citizens and promoting human rights around the world. One of the aspects that the UN focuses on is the relationship between democracy and human rights, as the organisation upholds the importance of equal political participation of citizens of its states and full respect for human rights, including the recognition, protection and promotion. As defined by the United Nations International Children's Emergency Fund (UNICEF), human rights are norms that recognise and protect the dignity of all people, meaning they apply to everyone, without distinction of race, gender, education, political opinion, sexual orientation or any other type of moral judgement. The realisation of human rights also obliges states to be responsible for protecting these norms and prohibits certain acts that violate them. Human rights can be said to be one of the greatest achievements of mankind. One of the most important human rights documents is the Universal Declaration of Human Rights, signed in 1948 at the UN General Assembly. Consisting of 30 articles, the Declaration formalises all the theoretical developments made earlier on civil, political, social, economic and cultural rights. Another innovation of the Declaration was the inclusion of human rights in the universal character, becoming the rights of all peoples. Thus, for the UN, human rights "are universal legal guarantees that protect individuals and groups from acts and omissions by governments that violate human dignity"3. Human rights are fundamental and therefore inalienable human rights, i.e. those rights whose violation would lead to an attack on the very essence of humanity. For this reason, it is important that everyone is aware of and knows about human rights, their content and the forms of protection provided for them, as everyone should be able to enjoy their fundamental rights for the sole purpose of living in peace, without distinction. Human rights, democracy and the rule of law create an environment in which countries can promote development, protect people from discrimination and ensure equal access to justice for all.
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Panchenko, V. V., e A. V. Matvieieva. "Economic and legal aspects of international regulation of foreign investment". Analytical and Comparative Jurisprudence, n.º 3 (18 de julho de 2023): 110–14. http://dx.doi.org/10.24144/2788-6018.2023.03.20.
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The article conducts a scientific and practical study of economic and legal aspects of foreign investment, which is one of the spheres of regulation of international private relations. International legal documents in the field of investment were analyzed, in particular, on the promotion and mutual protection of investments. The connectivity of the subject of foreign investment regulation in conditions of ambiguity and interdependence is revealed, forming an international sphere of foreign investment, which includes national and international legal regulation, which creates a complex of legal norms and principles for regulating relations between various subjects of investment, both public and private sphere. It is noted that international legal norms should reflect not only the processes of interaction between states, but also regulate the sphere of international private law relations, which are established and provided by law. The need for the creation of favorable conditions for foreign investment in the need for appropriate legal forms and methods of protection of foreign capital investments, taking into account the two-level nature of regulation, because the improvement of the investment climate requires the presence of legal prerequisites for the interaction of various types and forms of ownership and subject composition, which include national legal and international legal regulation. It is emphasized that foreign investment is an important tool for both social and economic development of countries, since a successful investment policy is a prerequisite for the growth of the level of the economic component due to an increase in the volume of powerful production and an increase in the level of product quality. It was determined that foreign investment, due to its special position in international cooperation in the field of economic development, forms a complex of relations that reflect the objective aspects of the formation and development of foreign investment as an economic and legal phenomenon in society, in which states, international financial and economic organizations, international investment organizations, international non-governmental organizations, transnational corporations, private subjects of foreign investment, both legal and natural persons. It was established that there is a specific method of legal regulation of foreign investment using a certain complex of legal means, combinations of legal influence, having its own peculiarity, it indicates a combination of public law and private-law regulation of the specified area.
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Dermine, Elise, e Anja Eleveld. "Protecting working welfare recipients through human rights experimentalism". International Journal of Law in Context 17, n.º 4 (7 de outubro de 2021): 529–47. http://dx.doi.org/10.1017/s1744552321000495.
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AbstractIn this paper, we adopt an experimentalist approach to determining the content of international human rights for assessing national mandatory work programmes for recipients of social assistance (MWPs). This approach implies going back and forth between law and experience in order to determine the better way to secure human rights in an ever-changing environment. After having identified six criteria for evaluating MWPs in the soft case-law of international bodies, we confront this emerging international human rights framework with an empirical study on MWP practices in the Netherlands. This confrontation reveals that specific aspects of the capability for voice of working welfare recipients are absent in the human rights framework and that the framework is not gender-neutral. Including these aspects, we construct an experimentalist human-rights-based instrument that is suitable for evaluating national MWPs.
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Zúñiga Peralta, Raúl F. "The Judicialisation of the Social License to Operate: Criteria for International Investment Law". Journal of World Investment & Trade 22, n.º 1 (19 de fevereiro de 2021): 92–128. http://dx.doi.org/10.1163/22119000-12340204.
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Abstract The Social License to Operate (SLO) is a non-legal term which has been widely conceptualised as meaning a particular set of interactions between investors and affected communities. Within the international investment law field, even though tribunals previously analysed situations of social conflict, the wording SLO had never been considered by an investment tribunal until Bear Creek Mining Corporation v Republic of Peru. This article argues that if the SLO of the investment is involved in a dispute, tribunals should thoroughly analyse the relationship between the investor and the affected community and establish (judicialise) a standard of review for the investor’s conduct which should only include those aspects of the relationship that might be considered as affecting or forming part of the national public interest. In addition, this article puts forth the criteria for the judicialisation of the SLO in investment disputes, drawing upon the Bear Creek scenario as relevant background.
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VILKS, Andrejs, e Aldona KIPĀNE. "Cognitive Aspects of Criminal Justice Policy". Journal of Advanced Research in Law and Economics 9, n.º 5 (12 de junho de 2019): 1798. http://dx.doi.org/10.14505//jarle.v9.5(35).35.
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The relevance of this article is that the criminal justice policy has not been given enough attention and is rarely mentioned in legal literature. The purpose of this article is to analyze the cognitive aspects of criminal justice policy. The article provides an insight into criminal justice policy in the area of crime prevention and combating. In the article the analysis of legal and criminal policy concepts are described, analyzing their nature. Criminal law policy is viewed, considering the requirements of international legal acts as well. Criminal law policy is also outlined as one of the instruments for solution of social problems. As to its nature, it is the activity of a special state and municipal institution type directed at strengthening of national legal system. This research will be readable for lawyers, judges and other people who is interesting in criminal justice system and its aspects.
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Kaduha, I. V. "The right to health care in the system of social human rights". Uzhhorod National University Herald. Series: Law 3, n.º 81 (19 de abril de 2024): 313–18. http://dx.doi.org/10.24144/2307-3322.2024.81.3.47.
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In the current academic literature, the right to health is considered in the context of a wide range of disciplines, including medical law, international law and social sciences. An important step in the formation of the legal framework for the right to health was the adoption of the WHO Constitution in 1946, which proclaimed that «the enjoyment of the highest attainable standard of health is a fundamental right of every human being». This declaration became the basis for the further development of international health standards, including the 1966 International Covenant on Economic, Social and Cultural Rights, which in Article 12 recognises the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
Research and scholarship on the right to health covers various aspects of this issue, including analyses of national health systems, examination of international standards and their impact on national legislation, and development of recommendations to ensure equal access to health services. Despite the significant achievements in the development of international norms and standards, there are challenges related to their implementation at the national level, including the need to adapt national legislative and institutional frameworks to international obligations.
Ukraine, like many other countries, is striving to meet international standards in the field of the right to health, while facing a number of challenges that require a comprehensive approach to reforming the national healthcare system. Scientific research plays an important role in this process, helping to identify gaps in legislation and practice, as well as to develop sound recommendations for their elimination.
Given these aspects, this article aims not only to analyse the theoretical foundations of the right to healthcare, but also to highlight the practical steps and challenges that Ukraine faces on the way to its full implementation.
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Lykhova, Sofiia, Liudmyla Servatiuk, Oleksandr Shamsutdinov, Viktoriia Sysoieva e Dariia Hurina. "International and national standards on societal information security". Revista Científica General José María Córdova 20, n.º 38 (1 de abril de 2022): 247–64. http://dx.doi.org/10.21830/19006586.898.
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This research focuses on information security as a social state, its aspects and characteristics, information security standards, and its impact on improving the information security process. It emphasizes the multidisciplinary nature of the issue of information security. Several methods are employed in this study, including formal-logical and system-structural methods, methods of generalization, and comparative law. Documentary analysis is used to examine the regulatory framework concerning information security and the main international and national information security standards. Three levels of information security are identified –personal, social, and state. It concludes that the levels differ depending on their degree within the information space.
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Aditya, Zaka Firma. "PENERAPAN MODAL SOSIAL DALAM PRAKTEK PERADILAN YANG BERBASIS KEPEKAAN SOSIAL". Jurnal Ilmiah Hukum LEGALITY 25, n.º 2 (14 de julho de 2018): 200. http://dx.doi.org/10.22219/jihl.v25i2.6002.
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The judiciary is an institution that should reflect on justice sought by justice seekers. But the fact is different; justice becomes one of the institutions with a high level of public distrust. The actual social capital has been present and is present in the community but has not yet been functioned and used further, especially by law enforcement officers making law enforcement in Indonesia far from expectations. In fact, the concept of modern justice has been triggered at international meetings that not only prioritize formal legal aspects but also the intellectual, emotional and spiritual aspects of law enforcement as well as social capital. In an effort to bring about a legal state with progressive legal practice will greatly depend not only on good legislation but much more dependent on law enforcement officials as implementers of the law
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Rubanenko, N. Yu. "Conceptual basis of international jurisdiction". Bulletin of Kharkiv National University of Internal Affairs 105, n.º 2 (Part 2) (29 de junho de 2024): 160–75. http://dx.doi.org/10.32631/v.2024.2.38.
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Constant changes in international relations and global challenges in the geopolitical arena disrupt the effectiveness and relevance of existing approaches to international justice. In this context, there is a need to analyze the conceptual foundations of this field in order to adapt to modern realities. The main goal of this study is to analyze the conceptual foundations of international justice, taking into account the latest scientific achievements and global perspectives. The focus of the research is the formation of new theoretical approaches and conceptual frameworks for the analysis and understanding of international criminal law. The methodological basis of the study is based on the analysis of scientific works in the field of international criminal law, as well as the use of modern scientific approaches to information processing. The article reveals new aspects and perspectives of the study of the conceptual foundations of international justice, which can contribute to the further development of the theory and practice of disclosure and investigation of serious violations of international law. The author highlights four conceptual ideas that underlie International Criminal Justice. The first concept concerns the principle of legality, which takes into account not only legal norms, but also social and legal transformations. The second idea considers the principle of international crime, which covers serious violations of international law. The third concept concerns individual responsibility for international crimes, regardless of the social status and official position of the subject of the offense. The fourth idea is the principle of universal jurisdiction, which provides a legal response to serious violations of international law, regardless of the circumstances and the subject of their commission. These concepts reflect the goal of international criminal justice, which is the inevitability of punishment for serious violations of international law, since their commission threatens the security of all humanity.
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Banu, Roxana. "ASSUMING REGULATORY AUTHORITY FOR TRANSNATIONAL TORTS: AN INTERSTATE AFFAIR? A HISTORICAL PERSPECTIVE ON THE CANADIAN PRIVATE INTERNATIONAL LAW TORT RULES". Windsor Yearbook of Access to Justice 31, n.º 1 (1 de fevereiro de 2013): 197. http://dx.doi.org/10.22329/wyaj.v31i1.4321.
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In Tolofson v. Jensen, the Supreme Court of Canada determined that in most cases the law of the place where the tort occurred has exclusive authority to regulate all legal aspects related to it. In developing this choice of law rule, the Supreme Court relied on an analogy between Private International Law and Public International law. This allows Private International Law to claim a structural, neutral function in the distribution of legislative authority in the international realm and to ignore both private law and public law considerations. To best reveal the way in which the Supreme Court injected these limitations into Private International Law by reference to Public International Law, I show the striking similarity between the Supreme Court’s reasoning and several Private International Law writings at the end of the 19th century in Continental Europe. In the context of the extraterritorial tortious activity of multinational corporations, these limitations make Private International Law oblivious to arguments of Corporate Social Responsibility scholars showing that a multinational corporation may legitimately be regulated by the state of its headquarters, even for extraterritorial conduct. Overall, I argue that an overemphasis on legislative authority as a symbol of state sovereignty transforms Private International Law matters generally, and transnational torts in particular, in inter-state affairs, removed from the interests and pleas of the individuals and communities affected by them. Dans l’arrêt Tolofson c. Jensen, la Cour suprême du Canada a décidé que, dans la plupart des cas, la loi du lieu où le délit a été commis régit exclusivement tous les aspects juridiques qui s’y rapportent. Pour établir cette règle du choix de la loi applicable, la Cour suprême s’est fondée sur une analogie entre le droit international privé et le droit international public. Cela permet au droit international privé de réclamer une fonction structurelle et neutre au niveau de la distribution du pouvoir législatif dans le domaine international et d’ignorer tant les considérations de droit privé que les considérations de droit public. Pour mieux illustrer la façon dont la Cour suprême a inséré de telles restrictions dans le droit international privé par renvoi au droit international public, je démontre la similitude frappante entre le raisonnement de la Cour suprême et de nombreux écrits en droit international privé à la fin du 19e siècle en Europe continentale. Dans le contexte des activités délictueuses extraterritoriales des sociétés multinationales, de telles restrictions rendent le droit international privé insensible aux arguments des universitaires prônant la responsabilité sociale des entreprises selon lesquels une société multinationale peut légitimement être régie par l’État où est situé son siège social, même pour sa conduite extraterritoriale. Dans l’ensemble, je fais valoir qu’une trop grande importance accordée au pouvoir législatif comme symbole de la souveraineté étatique transforme les affaires relevant du droit international privé en général et les délits transnationaux en particulier en affaires interétatiques qui ne tiennent pas compte des intérêts et demandes des particuliers et collectivités qu’elles touchent.
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Sobczak, André. "Legal Dimensions of International Framework Agreements in the Field of Corporate Social Responsibility". Articles 62, n.º 3 (28 de setembro de 2007): 466–91. http://dx.doi.org/10.7202/016489ar.
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The aim of this article is to offer an in-depth analysis of the different legal aspects of international framework agreements (IFAs) negotiated between multinational companies and global union federations. Using examples from different agreements, the article shows the potential added value IFAs have in contributing to an effective social regulation within international groups and global supply chains that are today regulated insufficiently by national, European and international labour law standards. It also analyses the impact of the international negotiation process of the IFAs and the powers of the signatory parties on the legally binding character of these texts. To conclude, the article discusses the potential added value of an optional legal framework for IFAs.
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Ahad Mammadova, Lala. "THE MAIN ASPECTS OF THE PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES IN THE LEGISLATION OF AZERBAIJAN". SCIENTIFIC WORK 65, n.º 04 (23 de abril de 2021): 205–9. http://dx.doi.org/10.36719/2663-4619/65/205-209.
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In modern times, more than 15% of the world's population, that is, more than 1 million people are disabled, and 4% of them are diagnosed with acute disability. In the Republic of Azerbaijan, 6% of the total population, or 568,149 people, are disabled and people with disabilities. Experience shows that people with this disability also face a number of restrictions and obstacles in society. Restrictions or barriers to them eventually lead to poverty in the context of violations of education and labor rights, as well as the formation of psychological criteria. From this point of view, the adoption and implementation of international law on the protection of persons with disabilities is important. This article is devoted to the main aspects of the protection of the rights of persons with disabilities in the legislation of Azerbaijan. After gaining independence and becoming a full-fledged subject of international law, the Republic of Azerbaijan protects and safeguards the rights of persons with disabilities, as well as their social security and social adaptation, ensuring the participation of persons with disabilities in various spheres of public life and preventing negative situations between them. Key words: disability, human rights, children with disabilities, discrimination, legislative acts
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ASTAFICHEV, P. A., e E. Yu ASTAFICHEVA. "PRINCIPLES AND NORMS OF INTERNATIONAL LAW IN THE DEVELOPMENT OF THE POLITICAL SYSTEM OF MODERN RUSSIA". Central Russian Journal of Social Sciences 17, n.º 3 (2022): 109–22. http://dx.doi.org/10.22394/2071-2367-2022-17-3-109-122.
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The purpose of the article is to study a number of topical issues related to the relationship between international and Russian law in political, social and psychological aspects. It is emphasized that even extraordinary foreign policy circumstances don’t give grounds for a complete denial of international legal regulation, since this is a manifestation of international legal nihilism condemned by modern morality. On the other hand, it is stressed that the requirements of international law shouldn’t be absolutized. As a result of the research, the authors draw conclusions that in case of divergence of international legal regulations with foreign policy interests of the country, Russia has an opportunity to challenge the universal recognition of certain principles and norms of international law. In addition, the authors conclude that it is possible to abandon the previously assumed international legal obligations in the procedures established by international and national law and to use the tools of constitutional justice according to the current situation.
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Muliar, Halyna. "Securing the right to health care: international legal aspects". Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, n.º 19 (2020): 103–11. http://dx.doi.org/10.34079/2226-3047-2020-10-19-103-111.
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The article is devoted to the study of international legal aspects of ensuring the constitutional right to protect health in Ukraine in the modern development of the social state and modernization of the legal regulation of public relations. It is argued that the implementation of international legal standards is an important area of reforming the field of medical care and legal support for the provision of medical services, since health care reform requires intensifying the implementation of universal and regional standards in order to create an effective institutional system and an appropriate legislative framework. The health sector is one of the most important objects of public administration, since the social level of the welfare of the people and each individual citizen, the potential for sustainable development of the nation and the economic opportunities of the state and society directly depend on the quality of the provision of medical services. It is noted that the study of the general principles of international legal regulation of health care is of exceptional relevance at the present stage is constantly growing in the context of expanding the scope of international public law to issues that previously traditionally belonged to the sphere of regulation of domestic legislation of individual countries. One of these areas of legal regulation is the social sphere and, in particular, the health sector. In this area, the development and adoption of a large number of universal and regional international legal standards regarding the means of ensuring the proper level of public health, combating infectious and non-communicable diseases, and organizational reform of the system of health care institutions is observed. Thus, the standardization of the right to health care at the level of universal human rights standards is an important guarantee of the realization of this right at the domestic level, imposing on states, including Ukraine, responsibilities for its proper and effective provision. At the same time, general international human rights legal acts, which, among other objects of regulation, determine fundamental international standards in the field of health care, form the basic basis for ensuring the constitutional right to health care at the level of individual national legal systems.