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1
Buromenskiy, Mykhaylo, and Vitalii Gutnyk. "International Legal Problems of Qualification of Armed Conflicts." Cuestiones Políticas 39, no. 68 (March 7, 2021): 735–57. http://dx.doi.org/10.46398/cuestpol.3968.47.
Анотація:
The article addresses the qualification problems of armed conflicts. The study was conducted through the analysis of international legal doctrine, international treaties, decisions of international organizations. Attention is paid to the jurisprudence of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Court. It is noted that International Humanitarian Law has been in place since the beginning of the armed conflict. Therefore, the application of International Humanitarian Law does not require any recognition of the existence of armed conflict (international or non-international); this conflict exists because of armed clashes. It is emphasized that the need to classify the conflict arises in view of domestic and international legal factors (to bring to international criminal justice those who have committed war crimes; state responsibility for internationally wrongful acts, etc.). Attention was paid to the non-existence of a single body, which was empowered to determine the existence of an armed conflict. Different international agencies may have different qualifications for the same armed conflict. It is concluded that it is necessary to establish a Committee of Experts under the UN Secretary-General, to avoid different qualifications from the same armed conflict.
2
Van Damme, Dirk. "Convergence and Divergence in the Global Higher Education System: The Conflict between Qualifications and Skills." International Journal of Chinese Education 8, no. 1 (June 7, 2019): 7–24. http://dx.doi.org/10.1163/22125868-12340102.
Анотація:
Abstract Globally, higher education is expanding at an unprecedented pace. But two competing forces seem to be at work. The first is globalization: higher education systems are globalizing, especially through international research networks and global rankings which fuel competition on a global scale. Internationally comparable qualification frameworks, credit transfer, internationalization policies and quality assurance and accreditation arrangements work towards globally exchangeable qualifications. But the second force, driving institutions to deliver skills which are relevant for the national and regional economies, works against convergence. The skills equivalents of national qualifications remain very different across countries. The skills agendas, driven by countries’ position in global value chains, drive unequal outcomes. The consequence is that the global higher education system will remain characterized by huge inequalities, which are perceived as quality differences. Higher education policies need to find a balance between integration in the global higher education order and serving the domestic skills needs.
3
Kiryuschenko, I. I. "PROPOSALS TO IMPROVE THE LEGAL FOUNDATIONS FOR QUALIFICATION OF JUDGES." Ex Jure, no. 2 (2023): 30–48. http://dx.doi.org/10.17072/2619-0648-2023-2-30-48.
Анотація:
Abstract: the article points out the imperfection of the legal regulation of the qualification certification of judges and suggests some changes aimed at optimizing this important component of the formation of a highly qualified judicial corps. The author formulated the purpose and objectives of the qualification certification of judges. A list of additional information submitted to the judge's attestation case is proposed. Taking into account the analysis of foreign experience, the list of parameters by which the judge should be evaluated is highlighted. Evaluation criteria, their content and sources of information for each criterion are defined for each parameter. Qualification certification of judges is classified by type (scheduled, un-scheduled and repeated), their purpose is disclosed. The conclusion is made that the negative result of the qualification certification should be considered as a reason for an appropriate verification of facts and circumstances with the conclusion that there are or are not signs of disciplinary misconduct in the actions (inaction) of the judge, or that the judge does not meet the requirements established by regulatory legal acts or the Code of Judicial Ethics, or insufficient qualifications. Measures to eliminate conflicts of interest in the certification process are proposed.
4
Khalid, Hamud, and Xu Qian. "Examining Conflict Management Strategies Used in Tanzania’s Secondary Schools: A Case in Biharamulo District, Tanzania." Asian Journal of Education and Social Studies 50, no. 5 (May 4, 2024): 583–97. http://dx.doi.org/10.9734/ajess/2024/v50i51387.
Анотація:
The study delves into the pervasive issue of conflicts within secondary schools, emphasizing their inherent nature in human interactions. It emphasizes the vital role of effective conflict management in maintaining a conducive learning environment. The research objectives cover the identification of conflict root causes, assessment of implemented strategies, and their impacts, and provision of recommendations for improved conflict management approaches in schools. Employing qualitative methodology, the study utilizes in-depth interviews, group discussions, and document reviews to collect data. Findings reveal the persistence of conflicts, notably attributed to the lack of a universally accepted resolution framework. Ad hoc methods are employed, lacking consistency and alignment with specific conflict natures, resulting in profound consequences such as student dropout, prolonged conflicts, fear, resentment, and hindered academic progress. The study recommends government intervention in training teachers, rigorous evaluation of school administrators' qualifications, and improvements in teacher welfare coupled with strict punitive measures for teachers’ inappropriate behavior. It concludes by highlighting the ongoing nature of conflicts and the urgent need for a practical approach, urging schools to prioritize understanding conflict causes, implementing effective management actions, and prioritizing the well-being of both teachers and students.
5
Rustemeyer, Ruth. "Interrelations among Gender-Role Conflict, Typicality of Occupations, and Self-Esteem." Psychological Reports 89, no. 3 (December 2001): 489–94. http://dx.doi.org/10.2466/pr0.2001.89.3.489.
Анотація:
The present study was conducted with 549 women and men who were employed in gender-typical occupations or who were in vocational training, further qualification, or retraining for one of these job. We examined whether a gender-typical occupation is related to gender-role conflicts of women and men in work settings and whether self-esteem moderates the experiences of conflict. Generally, we cannot confirm influence of gender-typical jobs on experience of conflict. The results, however, supply evidence for the fact that women experience higher gender-role conflicts than men in all occupations. Women and men of low self-esteem engaged in typically female occupations experience especially high gender-role conflict.
6
Tarikanov, D. V. "Conflicts of Qualifications in Private International Law." Herald of Economic Justice 18, no. 11 (2023): 113–58. http://dx.doi.org/10.37239/2500-2643-2023-18-11-113-158.
7
Priyma, Serhiy, та Maria Erofeeva. "The Concept оf the Legal Collisions". Theory and practice of jurisprudence 2, № 2 (26 грудня 2022): 5–21. http://dx.doi.org/10.21564/2225-6555.2022.2.269676.
Анотація:
The article considers the conflict of law as one of the drowbacks of the law. It has been established that legal conflicts are an objectively existing, natural defect of law that arises due to various objective and subjective circumstances. To realize the purpose of the article, the following main features of legal conflicts were singled out: 1) their essence is that they are an excess of legal regulation. At the same time, three conditions are necessary for the emergence of a legal conflict: two or more valid legal norms; regulate the same social relationship; such regulation is carried out in different ways. 2) They exist solely between legal norms, as the rules of behavior of the relevant persons; 3) arise at the stage of law-making, but it is revealed at the stage of law application and is resolved with the help of appropriate means. The article singles out the following reasons for the emergence and existence of the legal conflicts: 1) violation of rules and failure the requirements of the law-making technique; 2) insufficient professional qualification of authorized subjects of law creation; 3) unclear demarcation of the law-making competence of authorized subjects; 4) a large number of legal norms, due to which both difficulties in the work of norm design bodies and errors in legal qualification by the law enforcement and law realization bodies are possible; 5) the simultaneous action of the norms of different historical eras - Soviet and Ukrainian - in Ukrainian legislation. The article also considers the areas in which legal conflicts arise and proves that they have the most harmful effect on the realization of the legal certainty principle, because the ambiguity and contradiction of legal norms, which are the violation of this principle and are the basis for the emergence of legal conflicts, and therefore failure the requirements of this principle is one of the methods to reduce the conflict of law. Legal conflicts are defined as a type of legal defect that arises due to the implementation of excessive legal regulation of social life, which leads to a contradiction between the valid legal norms in the regulation of the same social relations.
8
Nadeem Shahzad, Muhammad, Muhammad Tahir Khan Farooqi, and Waqar Ali. "A Comparison of Conflict Management Strategies Used by Heads of Educational Institutions in Punjab." Global Educational Studies Review IX, no. I (March 30, 2024): 59–66. http://dx.doi.org/10.31703/gesr.2024(ix-i).07.
Анотація:
The goal of the present paper was to explore the conflict management strategies used by institutional heads in Punjab. A sample of 144 from heads of schools, principals of colleges, and heads of departments of universities was drawn using a convenient sampling technique. An instrument, the Farooqi Organizational Conflict Inventory (FOCI) used for data collection. SPSS 26 was used for data analysis. The results reported that institutional heads employ avoiding and integrating styles of managing conflicts. Furthermore, no difference in the conflict management styles employed by institutional heads based on their gender, qualification, and experience was found except for the administrative background. It was recommended that research be carried out to explore how conflict management strategies of institutional heads affect teachers’ performance.
9
Clifford, Kinika Chukwuemeka, and Ohahuru Stanford Ejike. "Conflict Management Strategies of Principals in Resolving Students’ Conflict in Secondary School in Port Harcourt Metropolis." South Asian Research Journal of Humanities and Social Sciences 4, no. 3 (June 17, 2022): 207–19. http://dx.doi.org/10.36346/sarjhss.2022.v04i03.011.
Анотація:
The study investigated the conflict management strategies of principals in resolving students’ conflict in secondary schools in Port Harcourt metropolis. The descriptive survey design was employed in the study. Two research question and two hypotheses were formulated to guide the study. A population of five hundred and sixteen (516) principals in public secondary schools in Port Harcourt metropolis were used for the study. The sampling techniques that were used were the fluid survey sample size method, simple random and stratified random sample techniques. The sample size of three hundred and twenty principals were drawn from the population of the study. The instrument for data collection was a questionnaire titled: Principal Conflict Management Strategies (PCMS). The statistical mean and standard deviation were used to answer the research questions, while the Independent t-test at 0.05 level of significance was used to test the hypotheses. The result showed that conflict management strategies of principals in resolving students’ conflict in secondary schools in Port Harcourt metropolis thus: The gender respondents did not matter as most of the handling strategies of students’ conflict hinged on contingencies and nature of conflict. Educational qualification of the principals in handling students’ conflicts did not play a major role since most of the respondents did not matter as most of the handling students’ conflict. The researcher recommended that principals should adopt the most optimal approach in handling students’ conflicts in order to forestall occurrences. Also, principals should from time to time he given a forum to share their experiences of how they handle conflicts of their teenagers or how such experiences bear in their handling of conflicts in their various schools.
10
Potapova, L. V., A. V. Buhryk, and Ya I. Morozov. "CONFLICT OF QUALIFICATIONS IN INTERNATIONAL PRIVATE LAW." Juridical scientific and electronic journal, no. 11 (2021): 229–31. http://dx.doi.org/10.32782/2524-0374/2021-11/56.
11
Muravyeva, A. A., O. N. Oleynikova, N. M. Aksenova, and E. M. Dorozhkin. "NATIONAL QUALIFICATIONS SYSTEM IN RUSSIA – AN EPISTEMOLOGICAL PERSPECTIVE." Education and science journal 21, no. 4 (May 7, 2019): 92–114. http://dx.doi.org/10.17853/1994-5639-2019-4-92-114.
Анотація:
Introduction. The article offers an insight into an epistemological perspective of establishing the national qualifications system in Russia that is critical for creating a “market of qualifications in the country that would be adequate to the current context.The aim of the research was to examine the context and factors underpinning the formation and evolution of the structure of knowledge relating to the national qualification system in Russia.Methodology and research methods. The methods applied comprise a mixed-method approach that included: review and analysis of official documents, semi-structured background and individual interviews with key stakeholders (line ministries, experts from industry and qualifications awarding bodies etc.) and desk research.Results and scientific novelty. The performed analysis of documents and of research data has revealed that the process of generating and enhancing knowledge about the national qualifications system semantically and methodologically is in broad terms contingent on the needs and objectives of social and economic development, and in narrower terms – on the development of occupational standards that underpin the standards of vocational and higher education, as well as on the enhanced institutionalisation of employers’ involvement in the training of personnel and in the search of effective mechanisms and instruments of independent assessment of qualifications.It also offers an insight into current key paradigmatic gaps in the NQF-related epistemology in Russia that account for the specificity of the observed state of play and for the key conceptual epistemological contradiction that has been identified by the authors as the opposition of and conflict between occupational and education qualifications. The authors propose ways out of the situation based on international practices in this area starting from aligning the terminology and conceptual approaches with international ones. The performed epistemological research and the conclusions made by the authors contribute to the national qualifications system discourse. It is stressed that core principles underpinning the development of the national qualifications system should be adapted to the social and economic and local factors.Practical significance. The material of the article can be used by policy-makers dealing with the NQS development and implementation of the NQS.
12
Altam, Saleh, and Dr G. D.Kokane. "White Privilege in Times of War: Media Narratives of the Conflict in Ukraine." South Asian Journal of Social Sciences and Humanities 4, no. 2 (April 2, 2023): 151–64. http://dx.doi.org/10.48165/sajssh.2023.4209.
Анотація:
The purpose of this article is to shed light on the media coverage of the initial stages of the Russian invasion of Ukraine. The Western media's reporting on the conflict was marked by biased and discriminatory comments. The Ukrainian refugees who fled to neighboring countries were compared unfavorably to refugees from other war-torn countries, based on superficial and irrelevant criteria such as skin color, religion, race, and qualifications, rather than on the basis of their human suffering. The European media coverage normalized conflicts in other parts of the world, particularly in the Middle East, portraying them as expected and commonplace. Conversely, conflicts occurring in Europe are deemed shameful for humanity, and white individuals are seen as unsuitable for becoming refugees. Additionally, the article examines the broader war scenario, suggesting that the current conflict may lead the world towards a third world war, due to the escalating tension between Russia and Western powers. The conflict may be geographically centered in Ukraine, but it is essentially a battle between Russia and Ukraine, with backing from the United States and Europe. This conflict has also had ripple effects on other nations, as tensions have risen between China and Taiwan, North Korea and Japan, and Kosovo and Serbia.
13
강성태 and 전병욱. "Conflicts of Qualification in Categorizing Royaltyas Business Profits." Korean Lawyers Association Journal 62, no. 3 (March 2013): 183–214. http://dx.doi.org/10.17007/klaj.2013.62.3.005.
14
Mačák, Kubo, and Noam Zamir. "The Applicability of International Humanitarian Law to the Conflict in Libya." International Community Law Review 14, no. 4 (2012): 403–36. http://dx.doi.org/10.1163/18719732-12341238.
Анотація:
Abstract The purpose of this article is to examine the applicability of international humanitarian law to the 2011 conflict in Libya in its consecutive phases. We argue that the situation in Libya rose to the level of non-international armed conflict between the government forces and insurgents united by the National Transitional Council by the end of February 2011. The military intervention by a multi-state coalition acting under the Security Council mandate since March 2011 occasioned an international armed conflict between Libya and the intervening States. We consider and reject the arguments in favour of conflict convergence caused by the increased collaboration between the rebels and NATO forces. Similarly, we refute the propositions that the Gaddafi government’s gradual loss of power brought about conflict de-internationalisation. Finally, we conclude that both parallel conflicts in Libya terminated at the end of October 2011. The article aspires to shed light on the controversial issues relating to conflict qualification in general and to serve as a basis for the assessment of the scope of responsibility of the actors in the Libyan conflict in particular.
15
Khaustova, Viktoriia Ye, Olena I. Reshetnyak, and Pаvlo V. Pronoza. "Modern Wars and Military Conflicts: The Essence, Classification, Features, and Impact on the Economy." Business Inform 11, no. 538 (2022): 6–21. http://dx.doi.org/10.32983/2222-4459-2022-11-6-21.
Анотація:
A characteristic feature of the modern confrontation between individual countries is the lack of a common understanding of the signs of the onset of a military conflict and the procedures for the transition to a state of war, which leads to the use of military force without a formal declaration of the beginning of the war, the difficulty of determining the main actors of hostilities. In this regard, the scientific substantiation of the typology and classification of military conflicts and wars acquires fundamental importance and relevance. The purpose of the article is to study the essence, classifications and features of modern wars and military conflicts and their impact on the economies of the countries that are their participants. To achieve this purpose, using the methods of analysis, synthesis and abstraction, the interpretation of the concepts of «war», «military conflict», «armed conflict» proposed by various scholars is investigated. Using the comparison method, similar and distinctive features between these concepts are determined. The analysis of theoretical views on the typology and determination of the essence of the modern military conflict and types of wars was carried out, their main classification features were determined, allowing to draw conclusions about the causes of contradictions in the qualification of generally accepted procedures for the transition from armed conflict to a state of war. The proposed classification of military conflicts and modern wars made it possible to better understand the current tendencies in these processes. Carrying out a typology and definition of types of modern wars and military conflicts allowed to examine their impact on the economy. It is determined that the economic consequences of modern military conflicts depend on many factors, in particular, the nature of economic consequences and macroeconomic indicators are influenced by the duration of a military conflict, which can reduce the negative effect in the event of low-intensity clashes, which is not accompanied by significant destruction of infrastructure; the impact on changes in GDP per capita, government spending, public external debt, export and import indicators, and domestic investment may vary from the nature and conditions of armed conflicts (interstate or civil wars).
16
Chernobuk, V. "International legal standards for the protection of children’s rights in the conditions of armed conflicts." Analytical and Comparative Jurisprudence, no. 3 (July 18, 2023): 437–40. http://dx.doi.org/10.24144/2788-6018.2023.03.79.
Анотація:
In the article, the author outlined international legal standards for the protection of children’s rights in armed conflicts. The main problem for considering this topic is that in the modern world there are many armed conflicts, the nature and qualification of which is becoming more and more difficult to determine. Firstly, it is connected with the complication of the subject structure of the participants of the armed conflict, secondly, with the emergence of other such forms of influence on the conduct of the armed conflict, such as, for example, the implementation of “effective control” by states that are not parties of the conflict, as well as with the existing terminological ambiguity in the characteristics of the use of force between the conflicting parties, which can lead to an erroneous legal assessment of the situation. This applies equally to both international and non-international armed conflicts. The problem of the use of force in international law is closely related to the problem of protecting the civilian population.It was determined that the protection of children in armed conflicts is a complex of legal acts, the main of which are Additional Protocol II to the Geneva Conventions of 1977, the Convention on the Rights of the Child in 1989, the Convention on the Worst Forms of Child Labor in 1999, the Optional Protocol to The Convention on the Rights of the Child, which concerns the participation of children in armed conflicts of 2000, as well as established norms of customary humanitarian law. A number of international non-governmental movements are outlined, the activities of which are aimed at monitoring compliance by states with the norms of International Humanitarian Law regarding children, at stopping the parties to the conflict from committing crimes against children in the conditions of armed conflicts, at the rehabilitation of children who survived the armed conflict. The international courts’ observance of the principle of priority protection of children during armed conflicts and the situation with crimes against children that have come under the judicial control of the International Criminal Court have also been investigated.
17
DiLorenzo, Matthew. "Leader Survival, Sources of Political Insecurity, and International Conflict." Political Research Quarterly 72, no. 3 (September 14, 2018): 596–609. http://dx.doi.org/10.1177/1065912918798512.
Анотація:
Recent research identifies the risk and consequences of losing office as important factors in leaders’ decisions to initiate international conflicts. This paper argues that the institutional source of a domestic threat to a leader should condition the relationship between political insecurity and international conflict. Specifically, existing theoretical mechanisms linking international conflict to security in office should not apply to threats that come from outside a leader’s selectorate. Natural disasters provide a convenient opportunity to test this argument since others have argued that disasters not only affect the risk that all types of leaders lose office but that they do so by creating threats that operate through different mechanisms in different domestic institutional contexts. I find that deaths from disasters are positively associated with conflict initiation among large-coalition leaders throughout the period of 1950 to 2007. I also find that neither disaster deaths nor events are related to conflict behavior for small-coalition leaders. In arguing that not all threats to leader survival matter for international conflict, the paper offers an important qualification to theories of leader survival and international conflict.
18
de Heer, Lucas J., and Frank P. G. Pötgens. "The International Public Law Effectiveness Principle and Qualification Conflicts from a Dutch Perspective." Intertax 40, Issue 1 (January 1, 2012): 54–62. http://dx.doi.org/10.54648/taxi2012005.
Анотація:
In this article, the authors discuss the solution contained in the OECD Commentary for qualification conflicts. This solution would require the Residence State to follow the qualification of the Source State in certain situations. The Netherlands has made an observation to these provisions in the OECD Commentary. The authors discuss the distinction the OECD Commentary makes between qualification and interpretation conflicts. They argue that the Dutch observation is incompatible with the principle of effectiveness as derived from international public law and regret that the Dutch authorities maintained its observation in a recent renewal of its treaty policy.
19
Kirkhaug, Rudi. "Antecedents of Role Conflict in Compliance-Enhancing Organizations." Psychological Reports 105, no. 3_suppl (December 2009): 1113–25. http://dx.doi.org/10.2466/pr0.105.f.1113-1125.
Анотація:
Compliance-enhancing organizations such as the military and police are characterized by guiding and controlling employees, and they increasingly tend to control and restrict employees' behavior when exposed to external uncertainty. Restrictions on employees' behavior are intended to increase efficiency safety, and combat readiness through reducing misunderstandings and conflicts. However, many writers have argued that the most natural reaction to external unpredictability and uncertainty is internal flexibility and utilizing the entire range of employees' qualifications. The question raised in this study is whether restrictions imply that employees feel they are subject to incompatible work conditions and are deprived of resources and opportunities to execute their everyday responsibilities and thereby experience role conflict. Hierarchical regression analyses performed on data from 71 police and 71 army officers showed that rules and routines that were perceived as restrictive or coercive better explained role conflict among employees than either leadership loyalty, commitment, and rules or routines that were perceived as enabling.
20
Marchgraber, Christoph. "Conflicts of Qualification and Interpretation: How Should Developing Countries React?" Intertax 44, Issue 4 (April 1, 2016): 307–15. http://dx.doi.org/10.54648/taxi2016023.
Анотація:
From October 27 to 31, 2014, the tenth session of the United Nations (UN) Committee of Experts on International Cooperation in Tax Matters was held at the Palais des Nations in Geneva. During this meeting, it was, inter alia, discussed whether the OECD’s approach regarding conflicts of qualification and conflicts of interpretation shall be incorporated into the UN MC and the respective commentary. Whereas the Committee agreed on adopting the OECD’s interpretation of Articles 23 A(1) and 23 B(1) OECD MC (partly referred to as the “new approach”), some members argued that “including paragraph 4 of Article 23A of the OECD Model in the UN Model would not be desirable” or even “detrimental to the interests of the source state”. This article takes up these considerations by analyzing the OECD’s approach regarding conflicts of qualification and conflicts of interpretation in the light of the UN MC’s attempt to generally favor “retention of greater so called ‘source country’ taxing rights under a tax treaty – the taxation rights of the host country of investment – as compared to those of the ‘residence country’ of the investor”.
21
Pilipson, Edvard. "JOINT WILL RECOGNITION AS A SUCCESSION CONTRACT: RIGHTS AND OBLIGATIONS’ STATUS ISSUES." Baltic Journal of Legal and Social Sciences, no. 2 (October 26, 2022): 150–57. http://dx.doi.org/10.30525/2592-8813-2022-2-25.
Анотація:
Joint wills as a contractual succession institution exists as a legal form, which is characterized by an unstable legal nature. Applicable legal regulation, depending on concrete factual composition, can convert joint wills into a contract of succession. With this transformation, principal categories for legal regulation will be changed. This transformation includes the norms that determine the status of rights and obligations, activity and retroactivity of the norms that determine the essential components of both joint wills and succession contract. Questions will undoubtedly arise in competent law determining to ensure convertation. The convertation process as a legal transaction of an independent nature causes substantial conflicts between the rules governing the right of succession under joint will and the rules governing succession under contract. The reason for this phenomenon is the detipization of conflict factors. Conflict factors, named with term detipization exist as a mixture of material norms that occurs as a result of a meaningful conflict without due legal basis or appropriate legal result. In the situation of the possible recognition of joint wills as a concluded succession contract, conflict factors detipization will cause a conflict of qualifications in the situation of applying identical legal categories related to succession under joint wills norms and succession law norms, which secure succession under contract.
22
Volova, Larisa, and Anastasia Suzdaleva. "Identifying the assets under the Protocol to the Convention on international interests in mobile equipment on matters specific to mining, agricultural and construction equipment." E3S Web of Conferences 273 (2021): 07031. http://dx.doi.org/10.1051/e3sconf/202127307031.
Анотація:
The purpose of this article is to analyze the specifics of qualification of objects, the regulation of rights to which is devoted to the new Protocol to the Convention on international interests in mobile equipment on matters specific to mining, agricultural and construction equipment. Methodology: After the analysis, the study uses generalization method to compile comprehensive view on approaches enshrined in the Convention and the Protocol. Results: Protocol to the Convention on international interests in mobile equipment on matters specific to mining, agricultural and construction equipment establishes a new flexible approach, taking into account the specifics of the regulation of rights to these types of equipment, namely, introducing a special category “immovable-associated equipment”. This approach makes it possible to establish a balance between the international interest in the equipment and the interest arising under the internal law of the state where the equipment is located. Conclusions: The Protocol on matters specific to mining, agricultural and construction equipment contains a flexible approach to qualifications for mining, agricultural and construction machines, which could help reduce the number of conflicts of laws and improve the conditions for cross-border commercial activities in this area.
23
Bobrova, N. A., M. A. Vlasova, and V. G. Pozin. "CONFLICT OF INTERESTS IS THE BASIS OF CORRUPTION." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 2 (2021): 5–13. http://dx.doi.org/10.18323/2220-7457-2021-2-5-13.
Анотація:
Despite the permanent interest of scientists in the issue of corruption, the nature of its basics as an anti-social phenomenon remains understudied. As such principle, the paper considers the conflict of interests of participants in various public relations related to the exercise and abuse of power. The paper aims at showing the nature of the conflict of interests as the basis of such anti-social phenomenon as corruption, identifying subjective and objective causes of corruption. The authors analyze the gaps and weaknesses of current anti-corruption legislation and the practice of its application. The paper gives specific examples of a conflict of interests in various corruptogenic spheres and manifestations, for instance, in the sphere of economic entities’ participation in tenders announced by state and municipal authorities. The authors consider the legal and moral ways of preventing conflicts, the role of ethical norms in preventing conflicts, the legal framework of their prevention and resolution, the ratio of the conflict of interests and the employee’s qualification, the relationship between the material and personal interest, the activities of commissions for preventing a conflict of interests guaranteeing the role of written notification of a conflict of interests, special aspects of the notification procedure, and the consequences of non-compliance with the written notification. The study shows that a conflict of interests and corruption risks are eliminated both through legal means and moral ones, whereby the moral qualities of leaders and the requirements imposed on the heads of state and municipal authorities are of particular importance. Nepotism, increasingly prevalent in power and management structures (kinship and clientelism), is a common form of a conflict of interests, which undermines the moral foundations of public and municipal service.
24
Kremnev, Petr P. "ARMED CONFLICT IN THE SOUTH-EAST OF UKRAINE: LEGAL QUALIFI-CATIONS AND CONSEQUENCES." RUDN Journal of Law 23, no. 3 (December 15, 2019): 394–412. http://dx.doi.org/10.22363/2313-2337-2019-23-3-394-412.
Анотація:
Unconstitutional change of power in Ukraine as a result of the "Maidan revolution" in February 2014, with the subsequent power grab by Ukrainian radicals of local authorities under nationalist slogans, led to the establishment of control over parts of the territory of Donetsk and Lugansk regions by Donbass militias, and then to the ongoing fighting between the armed formations of the latter with units of the regular armed forces of Ukraine. The purpose of this publication is to establish the form of the armed conflict and its legal consequences from the standpoint of current international law, which has not yet found proper legal analysis and coverage in either domestic or foreign (including Ukrainian) legal doctrinе. In official statements and legislative acts of Ukraine, this conflict is declared as a "state of war with Russia", "aggression of Russia", and the Ukrainian doctrine of international law almost unanimously declares the need to apply to the conflict the norms of international humanitarian law and qualifies it as an international armed conflict. In this publication, on the basis of the analysis of existing international legal norms and legal doctrine, the qualification of existing forms of armed conflicts is carried out: war, international armed conflict, non-international armed conflict, internationalized armed conflict. This examines the legal consequences (or otherwise the obligations of the parties to the conflict) that are caused by each form of such armed conflict, that is concealed and ignored by the Ukrainian side. On the basis of the theoretical and legal analysis of the UN Charter, the relevant provisions of the Geneva conventions on the protection of victims of war of 1949 and Additional protocols I and II of 1977, the author qualifies the situation in the South-East of Ukraine as a non-international armed conflict and the obligation to comply with applicable legal norms by all parties to the conflict. At the same time, the author comes to the conclusion about the insolvency of the claims about the applicability of the rules governing other mentioned forms of armed conflicts.
25
Popovych, Tereziia, Mariana Topolnytska, and Victoriia Vashkovych. "Criteria for defining an armed conflict in international legal acts." Uzhhorod National University Herald. Series: Law 1, no. 78 (August 28, 2023): 58–62. http://dx.doi.org/10.24144/2307-3322.2023.78.1.8.
Анотація:
The article is devoted to the analysis of international normative legal acts in the context of determining the criteria for armed conflict. In addition, the authors pay attention to the wording of this concept for the proper qualification of the form of armed violence. The authors also explore the effect of international humanitarian law in the event of an armed conflict, because participants of an international armed conflict are obliged to comply with international humanitarian law applicable in such conflicts. The main sources of international legal regulation of armed conflicts include the so-called “Geneva law” and the “Hague Law”. The category of an “armed conflict” in international relations was first used in the Geneva Conventions of 1949, where, along with the term “war”, the concepts of “international armed conflict” and “non-international armed conflict” are used.In addition, the authors emphasize that the concept of an armed conflict should be distinguished from other related concepts such as war, internal unrest, tensions and acts of violence. The distinction between “war” and “armed conflict” is rather arbitrary. In particular, it is believed that the concept of an “armed conflict” is broader and encompasses the concept of “war”. However, not every armed conflict can be called a war, because war has the following features that are not inherent in an armed conflict: the act of declaring war; severance of diplomatic relations between the belligerent states, which is a consequence of the war declaration; the cancellation of bilateral treaties, especially political ones.The autors think that that today one of the most acute problems in the practice of an international humanitarian law application is the lack of a clear and complete definition of all situations to which its provisions should be applied. Thus, international humanitarian law only describes situations that should be regulated by its norms. At the same time, there are still no clear and unambiguous criteria by which such situations can be identified
26
Fleck, Dieter. "The Protection of the Environment in Armed Conflict: Legal Obligations in the Absence of Specific Rules." Nordic Journal of International Law 82, no. 1 (2013): 7–20. http://dx.doi.org/10.1163/15718107-08201002.
Анотація:
While a general rule of ‘eco-protection’ in armed conflict may be derived from the basic principles of distinction, proportionality, avoidance of unnecessary suffering and humanity, international humanitarian law provides little by way of more specific rules for the protection of the natural environment except for in extreme situations that can rarely be expected to occur. Nevertheless, opinio juris has changed since the adoption of pertinent instruments in 1977. This development needs to be balanced against a still prevailing general reluctance to accept specific ecological obligations and procedures in military operations. Thus a detailed evaluation of planning and decision-making processes appears necessary. Revisiting the San Remo Manual on International Law Applicable to Armed Conflicts at Sea and the ICRC Study on Customary International Humanitarian Law, this article argues that certain qualifications made in these documents relating to requirements of ‘imperative military necessity’ are to be assessed in the light of their specific implications and should be used with caution. Furthermore, it is suggested that pertinent consequences of the International Law Commission’s Draft Articles on the Effects of Armed Conflicts on Treaties deserve further study. To this end, interdisciplinary case studies should be conducted to support fact-oriented evaluations of military requirements, ecological assessments and political effects post-conflict, rather than insisting on thresholds for legal regulation that already appeared to be escapist decades ago and which may prove counter-productive in the years to come. New activities aimed at protecting the natural environment in armed conflict should focus on a reaffirmation of existing rules and their effective implementation.
27
Bobrova, N. A. "Conflict of interest: law enforcement and conflictology." Law Enforcement Review 5, no. 4 (January 5, 2022): 89–99. http://dx.doi.org/10.52468/2542-1514.2021.5(4).89-99.
Анотація:
The subject. The article is devoted to conflictology as one of the most relevant, almost significant, debatable problems in law theory, legal sciences, political science, philosophy, psychology and economics. The author analyzes specific examples of conflicts of interest in various corruption spheres and manifestations, for example, in the sphere of participation of economic actors in the procurement announced by state and municipal authorities.The purpose of the article is to identify the nature of conflicts of interest as the basis of corruption.The methodology. The author uses comparisons of common and private, cause and effect, patterns and randomness, content and form, essence and phenomenon, the transition of quantity into quality, as well as the methods of sociology and psychology.The main results, scope of application. The article analyzes the relationship between corruption and nepotism. The article discusses legal and moral ways to prevent conflict, the role of ethical standards in conflict prevention, regulatory framework for preventing and settling them, the ratio of conflict of interest and employee qualifications, balance of material and personal interest, Commissions to prevent conflicts of interest, guaranteeing the role of writing notice of a conflict of interest, Features of the notification procedure, moral means of preventing and resolve conflicts of interest. Exclusively legal methods are insufficient to prevent and eliminate conflicts of interest and corruption-related risks. A combination of legal and moral measures is necessary, and most importantly, the exclusion of kinship and other forms of nepotism in the formation of government bodies and the appointment of officials, the hiring of state and municipal employees. It is necessary to exclude formalism from the institution of competitive selection of civil servants.Conclusions. The elimination of the contradictions between some federal anti-corruption laws has much less effect on the state of corruption in the state than the flourishing nepotism. The exercise of official functions takes place in the form of law enforcement: if there is no application of the law – there is no corruption. The main emphasis should be directed to the process of forming the apparatus of state and municipal authorities, employees of state and municipal institutions, primarily in the educational sphere, on which the upbringing of new generations of employees depends, the steady observance of high professional and moral requirements imposed on state and municipal employees and teachers in schools and universities.
28
Miroshnychenko, Oksana, Dmytro Nelipa, Victoria Kotova, Alla Lazarenko, and Iurii Sokorynskyi. "Transformation of labour relations in the field of education during military conflicts (International experience)." Revista Amazonia Investiga 12, no. 63 (April 30, 2023): 254–65. http://dx.doi.org/10.34069/ai/2023.63.03.24.
Анотація:
Ongoing military conflicts necessitate changes in the regulation of labor relations in the education sector. Normal labor laws are partially disregarded during this period due to special wartime acts. Many education workers and students, who have become refugees, are seeking employment and opportunities to continue their education. Host countries should make effective decisions to improve labor relations in this field. The research employed forecasting, observation, and legal modulation as methodological tools. The EU aims to integrate Ukrainian education workers, including refugees and those seeking legal protection, into the education systems of member states. Efforts are made to simplify employment procedures, recognize professional qualifications, and offer additional educational specializations. Poland's experience demonstrates the possibility of swift development and implementation of legislative initiatives to employ Ukrainian education workers in Polish institutions. The Polish National Agency for Academic Exchange (NAWA), functioning as an ENIC-NARIC center, facilitates recognition and internationalization of higher education, assisting with the recognition of Ukrainian qualifications in Poland. Poland's legislative initiatives in transforming labor relations in the education sector amid the conflict in Ukraine can serve as an example for other nations. Ukraine has developed and implemented necessary components of legal regulation for labor relations in the studied area during martial law.
29
Resch, Richard Xenophon. "May Be Taxed for Whatever Reason - Conflicts of Qualification: The Discussion Is Finished." Intertax 48, Issue 2 (February 1, 2020): 177–94. http://dx.doi.org/10.54648/taxi2020016.
Анотація:
This Article counters the view that the OECD approach to qualification conflicts does not resolve all cases. The letter view, which was initially submitted by Klaus Vogel and has not been refuted until today, is based on the assumption of a fundamental difference between distributive rules reading ‘shall be taxable only’ and those reading ‘may be taxed’. When the interpretative principles enshrined in the Vienna Convention on the Law of Treaties (VCLT) are applied to that therminology it transpires that the difference is not fundamental but merely a matter of degree. This is confirmed by the French text of the Model. Thus, the principles enshrined in Article 23(1) apply to all distributive rules, which is confirmed by the OECD Commentary on Article 23. In consequence, the OECD approach covers all of the qualification conflicts that are attributable to States applying different distributive rules because of differences in their domestic laws, without exception. OECD Model, tax treaties, interpretation, conflicts of qualification, Article 3(2), Article 23, may be taxed, shall be taxable only
30
GODØY, ROLF INGE. "Gestural-Sonorous Objects: embodied extensions of Schaeffer's conceptual apparatus." Organised Sound 11, no. 2 (August 2006): 149–57. http://dx.doi.org/10.1017/s1355771806001439.
Анотація:
One of the most remarkable achievements of Pierre Schaeffer's musical thought is his proposal of the sonorous object as the focus of research. The sonorous object is a fragment of sound, typically in the range of a few seconds (often even less), perceived as a unit. Sonorous objects are constituted, studied, and evaluated according to various criteria, and sonorous objects that are found suitable are regarded as musical objects that may be used in musical composition. In the selection and qualification of these sonorous objects, we are encouraged to practise what Schaeffer called ‘reduced listening’, meaning disregarding the original context of the sound, including its source and signification, and instead focus our listening on the sonorous features.However, it can be argued that this principle of ‘reduced listening’ is not in conflict with more fundamental principles of embodied cognition, and that the criteria for the constitution, and the various feature qualifications, of sonorous objects can be linked to gestural images. Also, there are several similarities between studying sound and gestures from a phenomenological perspective, and it is suggested that Schaeffer's theoretical concepts may be extended to what is called gestural-sonorous objects.
31
Howells, Karen. "Questions of Identity in Sport Psychology Scholar–Practitioners." Sports 11, no. 9 (September 13, 2023): 182. http://dx.doi.org/10.3390/sports11090182.
Анотація:
As with other academic disciplines, sport psychology academics working in higher education (HE) in the United Kingdom (UK) in lecturer and senior lecturer positions are typically required to hold a PhD in sport psychology or a related discipline. To work in applied practice with athletes, coaches, National Governing Bodies (NGBs), and sporting organisations, practitioners are required to acquire a qualification that affords registration with the Health and Care Professions Council (HCPC) through either the British Psychology Society (BPS) or the British Association of Sport and Exercise Sciences (BASES). Accordingly, scholar–practitioners, who have “a foot in both worlds” (Tenkasi and Hay, 2008), are required to have two related but distinct qualifications, each of which requires considerable resources (i.e., time, finances, and commitment) to achieve. This paper addresses some of the dilemmas and conflicts that these individuals may encounter in their primary workplace, which typically does not provide for applied practice (either in time or financial incentives). Specifically, issues around the knowledge-transfer gap will be addressed. Real-world examples will be in the form of reflections from the author’s own experiences. I am a senior lecturer in sport and exercise psychology at Cardiff Metropolitan University and the programme director of the MSc Sport Psychology. The role requires me to be HCPC registered, as well as have a PhD in sport psychology. I am also an HCPC Practitioner Psychologist, registered following completion of the BPS Qualification in Sport and Exercise Psychology (QSEP). My practice is limited to minimal private work and the supervision of trainee sport psychologists (BPS). At the end of the paper, I leave the reader with three questions to prompt reflection on what being a sport psychologist means and what contributions scholar–practitioners may offer to academic institutions and the clients we work with.
32
Tolstykh, V. "International legal qualification of the conflict in Nagorno-Karabakh." Russian Juridical Journal, no. 1 (2021): 83–102. http://dx.doi.org/10.34076/20713797_2021_1_83.
33
Wilcockson, Matthew. "Conflicts of Identity – How Counsellors Practice CBT 5 Years Post Qualification." Psychology and Behavioral Sciences 11, no. 2 (2022): 42. http://dx.doi.org/10.11648/j.pbs.20221102.11.
34
Salomé, Hugues, and Robert Danon. "The OECD Partnership Report – A Swiss View on Conflicts of Qualification." Intertax 31, Issue 5 (May 1, 2003): 190–96. http://dx.doi.org/10.54648/taxi2003040.
35
Anichkin, E. S., and Yanaki Stoilov. "CONFLICT RULES OF PRIVATE INTERNATIONAL LAW IN RUSSIA AND BULGARIA: A COMPARATIVE ANALYSIS." Russian-Asian Legal Journal, no. 1 (February 25, 2022): 51–55. http://dx.doi.org/10.14258/ralj(2022)1.8.
Анотація:
The main differences in the internal conflict rules of private international law in Russia and Bulgaria areidentified and considered. According to the authors, legal diversity lies in the sources of conflict regulation,the mutually exclusive content of individual conflict rules of the two countries, the level of completenessand quality of conflict regulation, as well as the conflict of qualifications of some legal concepts. Eachmanifestation of diversity is illustrated by references to the relevant conflict rules.
36
Hres, Natalia. "Professional and legal requirements for a mediator in resolving individual labor disputes in Ukraine." Visegrad Journal on Human Rights, no. 1 (December 29, 2023): 61–67. http://dx.doi.org/10.61345/1339-7915.2023.1.8.
Анотація:
The aim of the work is to analyze the qualifications and ethical requirements for a mediator, considering the peculiarities of conducting mediation in individual labor disput. Philosophical, general scientific and special legal methods of cognition were used for the research.
The article analyzes the qualification and ethical requirements for a mediator, taking into account the peculiarities of mediation in individual labor disputes. The personality of the mediator is an important element of the mediation procedure since the outcome of the mediation procedure largely depends on his attitude and behavior. First, the mediator should be a neutral third party who supports the parties to the conflict in reaching an agreement.
The tasks of the mediator include: establishing contact between the parties, providing the possibility of mediation, moderation, mediation in negotiations between the parties, accepting their positions, advising the parties on possible solutions, providing explanations, assistance in drawing up a settlement agreement.
In our opinion, the successful performance of these tasks depends on proper preparation and the availability of special skills. Due to the specificity of the mediator’s qualification work, significant requirements are put forward. Thus, the issue of professionalism is ensured by the acquisition of high-quality professional education, and the presence of appropriate moral and ethical qualities and experience.
The article proves that the mediation procedure for solving an individual labor dispute will be more effective with a mediator knowledgeable in the legal field, who understands the legal nature of the labor dispute. The mediator, understanding the legal consequences of the decision made, can direct the parties to make a decision that fully satisfied them and did not contradict the law, and help with the drafting of a mediation agreement. We believe that a mediator with a legal education excludes the additional involvement of a lawyer when resolving an individual labor dispute.
37
Schmidt, Laura, and Andrea Tünde Barabás. "Comparing the Court Mediation in Hungary and the State of Indiana in the Midwest." Magyar Rendészet 23, no. 2 (November 30, 2023): 157–66. http://dx.doi.org/10.32577/mr.2023.2.9.
Анотація:
In Hungary, court mediation has been used in criminal cases since 2007, during which it is possible for the offender and the victim of a crime to come to an agreement on their own case with the help of a facilitator and resolve their conflicts together, thus avoiding the traditional criminal justice procedure and its consequences. In the United States of America, state of Indiana, this process is called mediation, during which the parties involved can communicate with each other with the help of a third, neutral party about how they can jointly repair the harms caused by the conflict. The purpose of the article is to analyse the legal framework and practical application of court mediation in Hungary and mediation in the state of Indiana, highlighting the similarities and differences that may arise by comparing the nature of the cases, the qualifications of the mediators, and the parties taking part in the process.
38
Tolstykh, Vladislav L. "Nagorny Karabakh — 2023: Problems of International Legal Qualification." Zakon 21, no. 3 (March 2024): 122–48. http://dx.doi.org/10.37239/0869-4400-2024-21-3-122-148.
Анотація:
The Second Karabakh War of 2020, which ended with the defeat of the Nagorno-Karabakh Republic (NKR) and Armenia supporting it, reversed the balance of power but did not resolve the conflict. The absolute superiority of Azerbaijan — both military and political, the insufficient clarity of the Statement of 9 November, the remaining contradictions between the parties — all this created the preconditions for the Third War, which began on 19 September 2023 and lasted only one day. The eventual defeat of the NKR and the transfer of the entire region under Azerbaijani jurisdiction, however, does not appear to be the final point: Azerbaijan demands the eight occupied villages and insists on the extraterritoriality of the Zangezur corridor. This article continues an article published in 2021 and dedicated to the legal aspects of the 2020 conflict. The author describes developments after 2020; analyses the use of force and assesses new interpretations of Article 2(4) of the UN Charter; gives qualification to the blockade of the Lachin corridor and the Armenian exodus from Nagorno-Karabakh in autumn 2020; examines some aspects of the right to self-determination that became relevant in 2023; defines the remaining territorial disputes; and assesses the effectiveness of the settlement formats. In legal terms, the 2023 conflict significantly improved the position of Armenia and the Armenians of Nagorny Karabakh; in the final analysis, it can be argued that the blockade and the 19 September attack created the preconditions for a remedial secession, the realisation of which, however, is unrealistic. Some of the new qualifications are based on scientific hypotheses that reflect progressive trends in the development of law rather than being an established element of it. Politically, on the contrary, the conflict has seriously worsened Armenia’s situation. There are several scenarios for the development of events. The first assumes the satisfaction of all Azerbaijan’s claims and Armenia’s transition to a subordinate position; the second — modification of the status quo through compromise regimes built on the basis of mutual respect and equality; the third — restoration of the status quo as it existed or should have existed at the time of the collapse of the USSR. This scenario seems realistic and fair; its realisation, however, is impossible without the participation of external actors: Russia, Iran, Turkey, the West, the US and China. Unfortunately, the position of these actors is not consolidated, while the Caucasus is still perceived as a peripheral region unworthy of the attention paid to some other regions.
39
Alsubhi, Afaf Awad, Kazi Enamul Hoque, and Ahmad Zabidi Abdul Razak. "Workplace Barriers and Leadership Conflicts Experienced by the Women in Higher Education in Saudi Arabia." International Journal of Learning and Development 8, no. 2 (April 15, 2018): 1. http://dx.doi.org/10.5296/ijld.v8i2.13007.
Анотація:
Based on the published scholarly works, this paper attempts to explore and accumulate the challenges and barriers that Saudi women leaders in higher education are experiencing in their professional lives. For this purpose, literature review method has been adopted. Relevant scholarly articles published in 2004 to 2017 have been rigorously studied and cited. Findings of this paper suggest that women leaders in higher education generally experience assorted challenges, such as 1) socio-cultural, 2) organizational, 3) economical and 4) personal. They also encounter eight workplace berries, such as 1) gender-based stereotypes, 2) work-life conflict, 3) self-imposed constraints, 4) social network limitations, 5) biased organizational policies, 6) non-gender-based discrimination, 7) inadequate qualification and 8) minimal existing representation. The findings also suggest that these challenges and barriers decrease the job-performances of the women leaders while igniting conflicts with their male counterparts. This paper can be helpful to the policy maker in formulating effective solutions for women leadership conflicts in Saudi Arabia. Besides, it may create new scopes for the researchers and academicians to conduct empirical studies in this very realm.
40
Otálora Lozano, Guillermo, and Sebastián Machado. "The Objective Qualification of Non-International Armed Conflicts: A Colombian Case Study." Amsterdam Law Forum 4, no. 1 (December 1, 2012): 58. http://dx.doi.org/10.37974/alf.210.
41
Octobre, Sylvie. "Construction et conflits de la légitimité professionnelle : qualification et compétence des conservateurs de musée." Sociologie du travail 43, no. 1 (January 1, 2001): 91–109. http://dx.doi.org/10.4000/sdt.34557.
42
Zani, Mamoud. "Le Comité international de la Croix-Rouge (CICR) et la qualification des conflits armés." Cahiers de la recherche sur les droits fondamentaux, no. 16 (November 16, 2018): 141–55. http://dx.doi.org/10.4000/crdf.329.
43
Octobre, Sylvie. "Construction et conflits de la légitimité professionnelle : qualification et compétence des conservateurs de musée." Sociologie du Travail 43, no. 1 (January 2001): 91–109. http://dx.doi.org/10.1016/s0038-0296(00)01117-1.
44
Boustany, Katia. "La qualification des conflits en droit international public et le maintien de la paix." Revue québécoise de droit international 6, no. 1 (1989): 38. http://dx.doi.org/10.7202/1101265ar.
45
Ojeme, Maria Chika. "Relationship between personality factors and marital conflict resolution strategies among spouses in Abuja Municipal Area Council FCT Abuja." Global Journal of Guidance and Counseling in Schools: Current Perspectives 10, no. 3 (December 29, 2020): 132–41. http://dx.doi.org/10.18844/gjgc.v10i3.4995.
Анотація:
This study examined the relationship between personality factors and marital conflict resolution strategies among spouses in (AMAC) Federal Capital Territory Abuja. Two research questions and corresponding hypotheses were raised to guide this study. The personality factors such as educational qualification and length of marriage were the focus of this study. Samples of a hundred respondents consisting of 50 young and aged married couples, selected using the purposive sampling technique. The research questions were analysed using Pearson Product Moment correlation while the hypotheses were tested using the significance of Pearson (r) at 0.05 level of significance using t-test. The findings revealed that there is a significant relationship; between educational qualification and conflict resolution strategies of married people, also; between the length of marriage and conflict resolution strategies of married people. The study recommended that couples to be should get to understand each other in the area of likes and dislikes, ideologies and personality make-ups. Keywords: Personality factors, marital conflict resolution strategies and spouses.
46
Banwari, Anshu, Moonis Shakeel, and Deepak Verma. "Clout of Professional Education and Religion on Conflict Resolution Style." International Journal of Emerging Research in Management and Technology 6, no. 8 (June 25, 2018): 138. http://dx.doi.org/10.23956/ijermt.v6i8.129.
Анотація:
India is a multi-cultural and multi-religion county. Due to the globalization, professional qualification evolved in India and started getting lot of due importance. India has become the global hub of the professional institutes, which imparts quality education and training to their students. It is a well established fact that culture/religion and education majorly influence communication and more importantly conflict resolution style. It can also be said that communication gets lot importance in professional qualification/training and students are well trained to adopt the appropriate communication and conflict resolution style. In this study we have considered the sample of professionally qualified people belonging to two major religious communities of India i.e. Hindu & Muslims and with the help of in-depth quantitative analysis studied the pattern of conflict resolution styles which are specific to the mentioned communities.
47
Tarabrin, V. E., and R. A. Kantur. "Offences against Internationally Protected Persons: Problems of International Legal Qualification." Moscow Journal of International Law, no. 2 (July 9, 2021): 61–77. http://dx.doi.org/10.24833/0869-0049-2021-2-61-77.
Анотація:
INTRODUCTION. The article examines various aspects of the international legal qualification of offences committed against internationally protected persons. The analysis of different elements of corpus delicti was laid at the heart of the study: namely, those of actus reus (whether the offence was perpetrate in the situation of an armed conflict), mens rea (whether the perpetrator was moved by a special intent, particularly the terrorist dolus specialis), and the legal status of a perpetrator (whether he or she was a state agent).MATERIALS AND METHODS. The materials of the study encompass international conventions, rules and principles of customary international law, case law of international courts and tribunals and international legal doctrine. The paper uses the comparative method and those of analysis and synthesis. RESEARCH RESULTS. The key result of the study consists in the assumption that offences against internationally protected persons can be considered as either a conventional crime within the meaning of the 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (including, if a terrorist dolus specialis is established, as a crime of terrorism), or (in case of armed conflict) a violation of laws and customs of war, for this category of persons falls within the definition of protected persons by implication of Article 4 of the 1949 IV Geneva Convention, which gives grounds for the application of Article 146 of the 1949 IV Geneva Convention for purposes of the their criminal prosecution.DISCUSSION AND CONCLUSIONS. Given the result of the study, it is states that the following test can be applied for purposes of international legal qualification of offences against internationally protected persons: first, it is necessary to establish whether the offence of committed in a situation of armed conflict; second, it is highly important to enquire about the intent of the delinquent. If there is a terrorist dolus specialis, the offence can be qualified as terrorism-related. Moreover, it is necessary to establish the status of the delinquent and whether the one is a state agent or a private person, or, even if the person is a state agent, whether the one is a person acting sua sponte; additionally, the status of a delinquent and its relation with the belligerent state in regard to the situation of armed conflict is also significant for the qualification of respective offences in light of international law
48
Kaluku, Julisa Aprilia, Ramdhan Kasim, Mohamad Rivaldi Moha, and Lisnawaty Wadju Badu. "Qualification Of Age Limits For Criminal Responcibility According To The Child Criminal Justice System And Indonesia Criminal Code." Widya Yuridika 6, no. 3 (November 8, 2023): 429. http://dx.doi.org/10.31328/wy.v6i3.4608.
Анотація:
The age limit for children is very important in juvenile criminal cases, because it is used to find out whether a person suspected of committing a crime is included in the category of a child or not. Limitation of the age of children, there is also diversity in various countries that regulate the age of children who can be punished. Some countries also provide a definition of a person being said to be a child or an adult in terms of age and activity or ability to think. The approach method in this study uses an approach to legislation (statue approach), fact approach, case approach and analysis of legal concepts. The results in this study are the non-uniformity of the qualifications for the age limit of children between one law and another, giving rise to various existing legal conflicts regarding the limits of children's responsibility. According to the Criminal Code Number 1 of 2023 in article 40, it states that criminal liability cannot be imposed on children who are not yet 12 (twelve) years old at the time of committing the crime, while in Law Number 11 of 2012 it states that children who are in conflict with The law hereinafter referred to as a child is a child who is 12 (twelve) years old but not yet 18 (eighteen) years old who is suspected of committing a crime.
49
Berdnik, I. V. "To the issue of qualification of sexual violence in the conditions of international armed conflict." Analytical and Comparative Jurisprudence, no. 6 (February 18, 2023): 373–78. http://dx.doi.org/10.24144/2788-6018.2022.06.69.
Анотація:
The article examines the peculiarities of the qualification of sexual violence as war crimes, using the norms of international and national law. The author states that the study of sexual violence, its consequences for society, as well as taking measures toprevent it through criminal legal means remains relevant for almost all countries of the world. The issues of qualification acquire special importance during investigation of sexual violence acts took place in the context of an armed conflict.It is proved that the issues of qualification of sexual violence committed during an armed conflict should be investigated taking with the provisions of the Rome Statute and Article 438 of the Criminal Code of Ukraine. Such an approach will provide thepotential possibility for blaming guilty persons to international criminal responsibility.The lion’s share of this article is devoted to the defining the common and mandatory signs of composition for all crimes related to sexual violence: the objective elements (actus reus) and mental elements (mens rea). The author takes into account thegeneral rules of qualification of crimes and clarifies the peculiarities of the qualification algorithm for the combatants who committed sexual violence against the civilian population during the armed conflict.The author comes to the conclusion that sexual violence committed by a combatant in the conditions of an armed conflict is covered by the concept of “other violations of the laws and customs of war, which are provided for by international treaties, thebinding consent of which was given by the Verkhovna Rada of Ukraine”. Such actions must be qualified under Part 1 and/or Part 2 of Art. 438 of the Criminal Code of Ukraine and norms of international humanitarian law according to the general qualificationrules of criminal offenses.
50
Noori, Abdul Qawi, Hamdan Said, Sayeed Naqibullah Orfan, and Siti Nisrin Mohd Anis. "The influence of school climate on high school teachers’ job satisfaction in a conflict-affected country." International Journal of Evaluation and Research in Education (IJERE) 13, no. 1 (February 1, 2024): 321. http://dx.doi.org/10.11591/ijere.v13i1.22890.
Анотація:
<span lang="EN-US">School climate plays a vital role in a teacher</span><span lang="EN-US">’s job performance, satisfaction, and school effectiveness. There were abundant studies on school climate and effectiveness and its relationship with teachers’ job performance and job satisfaction for primary and secondary schools in developed and developing countries. Unfortunately, there were scarce studies on teachers’ satisfaction in underdeveloped countries with prolonged conflicts and government instability. This study investigated the influence of school climate on teachers’ job satisfaction in a conflict-affected country, Afghanistan. It employed a survey questionnaire to collect data from public high school teachers in the Takhar province of Afghanistan. The data were descriptively and inferentially analyzed with the aid of statistical package for the social sciences (SPSS). Despite prolonged conflicts and government instability, the study found a statistically positive correlation between school climate and high school teachers’ job satisfaction. It also revealed statistically significant differences in the satisfaction level of teachers by their demographic variables, i.e., gender, educational qualification, age, and working experience. The study suggests that education administrators, school leaders, and other stakeholders develop a policy advancing a peaceful and conducive learning environment to improve student’s learning outcomes, teachers’ job performance and satisfaction, and school effectiveness. Future studies may qualitatively examine schools in different parts of the country.</span>