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1
Pinto, M. Christopher W. "The Philippine Claim Against China." Korean Journal of International and Comparative Law 4, no. 2 (December 6, 2016): 151–57. http://dx.doi.org/10.1163/22134484-00402002.
Анотація:
China was excluded by its Declaration of 2006 from application of unclos compulsory procedures in “all categories of disputes referred to in paragraph 1(a), (b), and (c) of Article 298,” notably “any dispute that necessarily involves the concurrent consideration of any unsettled dispute concerning sovereignty or other rights over continental or insular land territory.” The implications of sovereignty over land territory considered in relation to maritime rights make it extremely difficult to make distinctions isolating the latter from the parent concept of “sovereignty.” The Tribunal, when assuming jurisdiction over the Philippine claim made an admirable effort to do so, and the reader may evaluate its success. China, on the other hand, did not merely “fail to appear” or “fail to present its case,” but chose instead to rely on its exclusionary Declaration of 2006 in publicly denying the competence of an Annex vii Tribunal to assume jurisdiction. Nor was China invited to withdraw its 2006 Declaration or to enter into a special agreement to submit a dispute excluded by its Declaration, as contemplated by paragraph 2 of Article 298. In the author’s view, China’s Declaration of 2006 deprived the Convention’s procedures of the essential element of a State’s consent to jurisdiction.
2
Han, Choong-Soo. "The Study on the New Style of Declaration Claim." Yonsei Law Review 30, no. 3 (September 30, 2020): 1–32. http://dx.doi.org/10.21717/ylr.30.3.1.
3
Perry, Michael J. "FREEDOM OF CONSCIENCE AS RELIGIOUS AND MORAL FREEDOM." Journal of Law and Religion 29, no. 1 (January 3, 2014): 124–41. http://dx.doi.org/10.1017/jlr.2013.1.
Анотація:
AbstractIn another essay being published contemporaneously with this one, I have explained that as the concept “human right” is understood both in the Universal Declaration of Human Rights and in all the various international human rights treaties that have followed in the Universal Declaration's wake, a right is a human right if the rationale for establishing and protecting the right—for example, as a treaty-based right—is, in part, that conduct that violates the right violates the imperative, articulated in Article 1 of the Universal Declaration, to “act towards all human beings in a spirit of brotherhood.” Each of the human rights articulated in the Universal Declaration and/or in one or more international human rights treaties—for example, the right, articulated in Article 5 of the Universal Declaration and elsewhere, not to be subjected to “cruel, inhuman or degrading treatment or punishment”—is a specification of what, in conjunction with other considerations, the imperative—which functions in the morality of human rights as the normative ground of human rights—is thought to forbid (or to require). A particular specification is controversial if and to the extent the supporting claim—a claim to the effect that the “act towards all human beings in a spirit of brotherhood” imperative forbids (or requires)X—is controversial. My aim in this essay is to elaborate and defend a particular specification: the right, internationally recognized as a human right, to freedom of conscience—to freedom, that is, to live one's life in accord with the deliverances of one's conscience.
4
Płaziuk, Jakub. "Charakter prawny procesowego i pozaprocesowego oświadczenia woli o potrąceniu w kontekście zarzutu potrącenia zawartego w art. 203 1 k.p.c." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 213–34. http://dx.doi.org/10.15584/znurprawo.2020.29.14.
Анотація:
When two persons are debtors and creditors to each other, each of them may submit a declaration of intent to the other party about deduction. A declaration of will to deduct may be submitted before the commencement of court proceedings, during it or after its termination. A declaration of intent by one of the parties must be introduced to the proceeding in the form of an offsetting claim. Therefore, the important question arises whether the declaration of will on deduction made before or after the initiation of the proceedings, but also outside of it, must also be introduced to the proceeding in the form of an offsetting claim. Settlement of the issue is important because in the event of an affirmative answer to such a question the objection of deduction will have to meet the requirements arising from art. 203 1 k.p.c.
5
Vidmar, Jure. "Catalonia and the Law of Statehood." German Yearbook of International Law 63, no. 1 (January 1, 2022): 277–304. http://dx.doi.org/10.3790/gyil.63.1.277.
Анотація:
In 2017, a group of Catalonia’s politicians issued a declaration of independence. This article considers the international legal framework applicable to Catalonia’s secession claim and assesses the legal consequences of the declaration of independence. This article demonstrates that the declaration of independence does not have any legal effects and has remained a political declaration under domestic and international law. For Catalonia, this means that precisely nothing has changed in law. Catalonia continues to be an integral part of Spain. While Spain is under no legal obligation to accept Catalonia’s independence, its counter-secession policy does not operate in a legal vacuum. In this regard, it is also highly significant that the declaration of independence was merely a political act. It is questionable whether certain limitations imposed by Spain on the freedom of expression are justified in these factual circumstances. While Catalonia does not have a right to independence, Spain will not be able to ignore the independence claim. It is inevitable that the two sides will need to negotiate to resolve the political crisis. But the outcome of such negotiations would not necessarily be an independent Catalonia.
6
Rossi, Carla, and Francesca Rivetti. "Assessing Young Consumers’ Responses to Sustainable Labels: Insights from a Factorial Experiment in Italy." Sustainability 12, no. 23 (December 3, 2020): 10115. http://dx.doi.org/10.3390/su122310115.
Анотація:
This study provides insights into young consumers’ responses to sustainable labels. Drawing on signaling theory, the article studies how third-party labels (TPLs) act and interact with company-level claims, trying to better understand their impact on young consumers’ perceptions and willingness to buy (pay for) a chocolate bar. A between-subjects factorial experiment—conducted by manipulating third-party sustainable labels (presence/absence of the labels) and self-declared claims (absence of the claim, formal claim, and friendly claim)—was used to test: (a) the effect of TPLs and self-declared claims on consumers’ perceptions, purchase intention, and willingness to pay, (b) whether this effect was mediated through the perceived credibility of the sustainability message, and (c) what kind of tone-of-voice adopted in the company’s claim was more effective. Data were collected via an online survey among a sample of 315 consumers (age range: 18–39 years) in South Italy. We found that third-party labels, “alone” were not effective in influencing consumers’ perceptions and willingness to buy/pay, while a self-declared claim, especially if characterized by a formal tone of voice, had a much more relevant impact. The combination of TPLs and self-declaration affected most consumers’ willingness to pay when the copy claim was informal. The perceived credibility of the sustainability message mediated the relationships between self-declared claims and the majority of the dependent variables, while, with reference to the relationship between TPLs and dependent variables, it did not act as a mediator.
7
McGrady, Benn. "Philip Morris v. Uruguay: The Punta del Este Declaration on the Implementation of the WHO Framework Convention on Tobacco Control." European Journal of Risk Regulation 2, no. 2 (June 2011): 254–60. http://dx.doi.org/10.1017/s1867299x00001215.
Анотація:
In November 2010, 171 Parties to the WHO Framework Convention on Tobacco Control (WHO FCTC) unanimously adopted the Punta del Este Declaration on implementation of the Convention. The Declaration follows the filing of an international investment claim against Uruguay by Philip Morris Products (Switzerland) and related companies. The Declaration reaffirms the commitment of the 171 WHO FCTC Parties to implementation of the Convention and addresses the relationship between the WHO FCTC and international trade and investment agreements, particularly in the context of intellectual property rights. This article outlines the Request for Arbitration, sets out the Declaration and the broader normative context in which it arose before touching briefly on the implications of the Declaration.
8
De Vries, Gerard, Xabier Basozábal, Marc Billiau, G. Orfanidis, and Mineke De Theije. "BGH, 17.7.2003 - Set-off against a claim that had been awarded by an enforceable decision before the proceedings of the principal claim commenced." European Review of Private Law 13, Issue 1 (February 1, 2005): 39–65. http://dx.doi.org/10.54648/erpl2005003.
Анотація:
This decision by the Bundesgerichtshof (German Supreme Court) was based on the following facts. The claimant sought to obtain from the first defendant the sum of ?3,916.32, being the remainder of a tax consultation fee. She initiated the action by a writ of summons dated 29 December 2000. During the court proceedings, the first defendant submitted that a claim for ?1,632.72, which had been awarded to him by an enforceable decision of the Amtsgericht (District Court) of Landshut dated March 2001, should be set off against the principal sum claimed. Thereupon the claimant unilaterally declared that the dispute had been settled for that amount, and claimed the remainder of the principal sum claimed. The declaration of settlement submitted by the claimant was dismissed by the District Court, on the grounds that the action had already been brought before court proceedings in the principal claim had commenced. Because of Article 389 of the German Civil Code, it was necessary to conclude that the action should be dismissed in the light of the time at which eligibility for set-off arose. The Court of Appeal, on the other hand, decided that the dispute should be regarded as settled to the amount of ?1,632.74. It was not the elibility for set-off, but the set-off declaration made during the court proceedings which constituted the decisive development which caused the action, which initially was admissible and well-founded, to become unfounded. The Supreme Court application brought against this decision by the first defendant was unsuccessful. The Supreme Court was of the view that, even though the set-off mechanism had retrospective effect under the substantive law (Article 389 Civil Code), it was the set-off declaration which constituted the ?decisive development? for an action which up to that point had been admissible and well-founded. It is only as from the moment when the set-off declaration is made that the substantive law effect of set-off, i.e. the extinction of the claim in the main action, is achieved. This effect is not yet achieved when the claim becomes eligible for set-off. The annotations below examine this decision from the perspective of Belgian, French, Greek, Dutch and Spanish law.
9
Park, Hyun Ah. "Review on the Korean Supreme Court Case on Legal Interest for Confirmation in a Lawsuit for Negative Confirmation Brought by an Insurance Company: Korean Supreme Court Case No. 2018Da257958･257965 rendered on 7 June 2021." Korean Insurance Law Association 16, no. 2 (June 30, 2022): 189–235. http://dx.doi.org/10.36248/kdps.2022.16.2.189.
Анотація:
In case where there is a dispute between an insurance company and an insured as to whether an insurance company should pay insurance proceeds and/or as to how much insurance proceeds should be, a lawsuit for negative confirmation, claiming for a judgment to declare that the insurance company should not be held liable to pay any insurance proceeds, is the only possible form of a lawsuit that an insurance company can bring preemptively before a court. A plaintiff who wishes to bring such negative confirmation/declaration claim should have legal interest for such confirmation as it is legal requirement for a confirmation claim, and the Korean court has generally accepted that an insurance company has the legal interest to bring a negative confirmation/declaration claim as long as there is a dispute between an insurance company and an insured regarding insurance coverage and/or insurance proceeds.
However, recently, in the above mentioned case, the Korean Supreme Court (en banc) had in-depth discussion as to whether the negative confirmation/declaration claim brought by an insurance company should be restricted or not. Especially, three supreme court judges made a dissenting opinion holding that an insurance company must show special circumstances on order to bring a negative confirmation/declaration claim, especially considering the public nature of insurance, legal obligation of an insurance company to provide protection for an insured, the equity that is required between the parties to an insurance contract and the possible abuse of negative confirmation lawsuit by an insurance company.
Although it may be necessary to prevent the abuse of a lawsuit by an insurance company in order to protect an insured, it is difficult to accept the dissenting opinion because the right to bring a lawsuit is constitutional right of an insurance company, and if the court restricts the negative confirmation claim made by an insurance company by requiring additional conditions for “legal interest for confirmation” without a specific provision in a legislation, it could be considered as infringement of such constitutional right. As rightfully pointed out by the supplementary opinion to the majority opinion in this Supreme Court case, the negative confirmation/declaration lawsuit brought by an insurance company could also be beneficial to an insured as it will lead to a swift resolution of the dispute. Moreover, the special circumstance that the dissenting opinion mentioned seems very vague and abstract. So, if the Court requires the special circumstances for the negative confirmation claim, it will be too burdensome to both parties as there will be another dispute over the existence of such special circumstances.
Currently, there are ways to control and suppress abusive and/or excessive litigation by an insurance company - (i) internal control system such as litigation management committee established within an insurance company and (ii) external control system such as public disclosure of litigation status of each insurance company and evaluation by the relevant authority. The recent statistics show that the number of litigation cases brought by an insurance company has gradually decreased over the years as a result of existing control systems.
10
Wilson, Tamfuh Y. N. "The United Nations Declaration of Human Rights 1948: Successes and Challenges." African Journal of International and Comparative Law 30, no. 4 (November 2022): 599–618. http://dx.doi.org/10.3366/ajicl.2022.0427.
Анотація:
This article looks into the successes and challenges of the United Nations Declaration of Human Rights (the Declaration) 1948. Too often the approach of its failures has been explored over the years, but the author believes it is a herculean task to maintain and promote world peace and universal human welfare, so those steps taken in obedience and application of the Declaration need to be unravelled and appreciated. The unity and coexistence among states, the creation of subsidiary organs, the installation of good governance in many countries, the internationalisation of constitutions and uniform judicial decisions in national and regional courts are all recorded as successes of the Declaration in this article. The challenges of the Declaration are also explored in this work, such as the modern forms of slavery still practised in many parts of the world, the controversy of international criminal justice, violence against women and the claim to extreme rights. The author analyses these challenges and gives recommendations for a better future in the application of the Declaration.
11
PINTO, M. C. W. "Arbitration of the Philippine Claim Against China." Asian Journal of International Law 8, no. 1 (January 2018): 1–11. http://dx.doi.org/10.1017/s2044251317000169.
Анотація:
AbstractThis paper discusses the Tribunal’s decision to assume jurisdiction over the Philippine claim notwithstanding China’s publicly declared and law-based withholding of consent to the proceedings instituted by the Philippines. The Tribunal relied on its interpretation of China’s general commitment under Section 2 of Part XV (Settlement of Disputes) of the UN Convention on the Law of the Sea,1 which was subjected to a Convention-authorized “exception” under Article 298 (China’s Declaration of 25 August 2006) that had selectively deprived any such proceeding of the essential element of China’s consent. The paper calls for inventive consideration of the methods available for resolving disputes, which might be seen currently as excessively influenced by procedures designed for resolving international trade disputes where only one party is a state.
12
Smith, Brian G. "Myths and the American Nation: Jefferson’s Declaration and the development of American nationalism." Review of Nationalities 8, no. 1 (December 1, 2018): 7–20. http://dx.doi.org/10.2478/pn-2018-0001.
Анотація:
Abstract The USA as a multinational country of immigrants is nevertheless a fertile ground for competing nationalist ideologies and the consequently competing myth-building that surrounds the construction of national identity. The myth of the 1776 Declaration of Independence as an important founding document for domestic politics in the United States continues to spread through popular culture and academic textbooks. The claim of the Jefferson’s Declaration as an aspirational founding document helped establish a myth supporting creedal nationalism, but obscures the arc of the ideological debate over national identity.
13
Gamboa-Gamboa, Tatiana, Adriana Blanco-Metzler, Stefanie Vandevijvere, Manuel Ramirez-Zea, and Maria F. Kroker-Lobos. "Nutritional Content According to the Presence of Front of Package Marketing Strategies: The Case of Ultra-Processed Snack Food Products Purchased in Costa Rica." Nutrients 11, no. 11 (November 12, 2019): 2738. http://dx.doi.org/10.3390/nu11112738.
Анотація:
The industry uses nutrition and health claims, premium offers, and promotional characters as marketing strategies (MS). The inclusion of these MS on ultra-processed products may influence child and adolescent purchase behavior. This study determined the proportion of foods carrying claims and marketing strategies, also the proportion of products with critical nutrients declaration, and nutritional profile differences between products that carry or not claims and MS on the front-of-package (FoP) of ultra-processed food products sold in Costa Rica. Data were obtained from 2423 photographs of seven food groups consumed as snacks that were sold in one of the most widespread and popular hypermarket chains in Costa Rica in 2015. Ten percent of products lacked a nutrition facts panel. Sodium was the least reported critical nutrient. Energy and critical nutrients were significantly highest in products that did not include any nutrition or health claim and in products that included at least one MS. Forty-four percent and 10% of all products displayed at least one nutrition or at least one health claim, respectively, and 23% displayed at least one MS. In conclusion, regulations are needed to restrict claims and marketing on ultra-processed food packages to generate healthier food environments and contribute to the prevention of childhood and adolescent obesity in Costa Rica.
14
Angelino, Donato, Alice Rosi, Emilia Ruggiero, Daniele Nucci, Gaetana Paolella, Veronica Pignone, Nicoletta Pellegrini, and Daniela Martini. "Analysis of Food Labels to Evaluate the Nutritional Quality of Bread Products and Substitutes Sold in Italy: Results from the Food Labelling of Italian Products (FLIP) Study." Foods 9, no. 12 (December 20, 2020): 1905. http://dx.doi.org/10.3390/foods9121905.
Анотація:
Bread is one of the most common staple foods, despite the increasing consumption of the so-called “bread substitutes”. The aim of the present work is to survey the nutritional quality intended as a nutrition declaration of 339 pre-packed bread products and 1020 bread substitutes sold in the major retailers present on the Italian market. Comparisons of energy, macronutrient, and salt content within product types, and between regular and gluten-free (GF) products and products with or without nutrition claim (NC) and health claim (HC) declarations, were performed. A high inter-product variability was detected. The median energy contents were 274 (interquartile range 255–289) and 412 (380–437) kcal/100 for bread products and substitutes, respectively. Irrespective of the category, GF products had lower amounts of energy than their gluten-containing counterpart (p < 0.001), whereas products carrying NC had lower energy, sugar and salt amounts than the products without these declarations on the pack (p < 0.001 for all). A strong positive correlation was observed between energy and carbohydrate in bread (rho = 0.73, p < 0.001), but not in substitutes (rho = 0.033, p = 0.29). The present work highlighted a high variability in the apparent nutritional quality of bread products and substitutes sold on the Italian market, and suggested that bread alternatives should not be considered tout court as substitutes from a nutritional point of view.
15
Barbu, Florin Octavian, and Claudiu Gabriel Neacșu. "Some Ethical Landmarks Regarding the Settlement of the Civil Action by the Prosecutor." Journal for Ethics in Social Studies 4, no. 1 (2020): 44–52. http://dx.doi.org/10.18662/jess/4.1/27.
Анотація:
Article 20 para. 2 thesis 11 of the Criminal Procedure Code provides that, in addition to specifying the nature and amount of the claims, the declaration of civil party must contain the applicable reasons and evidence. This provision must be regarded in conjunction with art. 20 para. 1 thesis I I of the Criminal Procedure Code, as regards the final moment until the party must fulfill the essential conditions iprovided by law, which are absolutely necessary for a valid legal claim. In addition, the obligations of the civil party regarding the conditions for filing the declaration of civil party must be cumulatively met. The need for the act of constitution as a civil party to indicate the evidence that the claim resides on results not only from the general form that a civil action must fulfill (as it is regulated in the civil procedure legislation, according to art. 194 letter e of the Civil Procedure Code], but also from the obligation stipulated by art. 99 para. 1 of the Criminal Procedure Code, in the sense that, in the civil action, the burden of proof falls on the civil party, unless the prosecutor exercises the civil action for the persons protected by art. 19 para. 3 of the Criminal Procedure Code, in which case the burden of proof falls on the prosecutor. The settlement of the civil action exercised in the criminal trials falls within the prerogative of the criminal court, which may admit it, dismiss it or leave the civil action unresolved.
16
Storme, Matthias E. "Hof van Cassatie van België / Cour de Cassation de Belgique, 14-5-1999: When Does a Freezing Order Become Effective Against the Debtor of the Receivables? Introduction from Belgium." European Review of Private Law 10, Issue 1 (February 1, 2002): 133–56. http://dx.doi.org/10.54648/399196.
Анотація:
When a debtor is notified by a bailiff that his creditors' claim is seized, Belgian law imposes several obligations on that debtor. From the time at which the act of seizure was received, the debtor of the seized claim cannot deliver or pay any longer or can be declared debtor of the seizing party himself (art. 1451 Belgian Judiciary Code). Further, he is obliged to make, within 15 days, a declaration specifying the seized sums or goods (art. 1452 Belgian Judiciary Code). These different effects do not necessarily come into force at the same moment. Although the period of 15 days for the obligation to make a declaration runs from the moment the seizure was notified, the debtor cannot be declared debtor himself because he paid or delivered despite the seizure, unless at the time he did so he knew or should have known the act of seizure. This decision gives us the occasion to comment on the rules on the effects of notice in general, especially under Belgian, Greek, Dutch and English law.
17
Schuftan, Claudio. "Nurses, Public Health, and Human Rights: Their Role as Claim Holders, Duty Bearers, and Promoters of Social Change." Creative Nursing 27, no. 3 (August 1, 2021): 163–66. http://dx.doi.org/10.1891/crnr-d-21-00012.
Анотація:
As Duty Bearers, nurses are prime guardians, not only of the right to life (as stated in Article 3 of the United Nations Universal Declaration of Human Rights: “Everyone has the human right to life, liberty, and security”) but also the rights of women, the rights of children, and the rights of people in minority groups, among others. As Claim Holders, nurses have substantial claims towards labor rights, economic rights, maternity rights, and social protection rights, among others. This article presents systematic information about social determinants of health and explores nurses' inherent obligations in this domain, suggesting that nursing education must innovate, adding a human rights component to address the role of Promoters of Social Change.
18
Heifetz, Aviad. "FROM INNATE MORALITY TOWARDS A NEW POLITICAL ETHOS." Ethics, Politics & Society 4 (August 6, 2021): 175–88. http://dx.doi.org/10.21814/eps.4.1.195.
Анотація:
In 1943, Simone Weil proposed to supersede the declaration of human rights with a declaration of obligations towards every human being's balancing pairs of body and soul's needs, for engaging and inspiring more effectively against autocratic and populist currents in times of crisis. We claim that Weil's proposal, which remains pertinent today, may have been sidestepped because her notion of needs lacked a fundamental dimension of relationality, prominent in the 'philosophical anthropology' underlying the (different) visions for a new political ethos of both Judith Butler and Carol Gilligan. From the radical starting point of innate morality common to all three thinkers, we therefore indicate how an enriched notion of interlaced needs, encompassing both balance and relationality, may restore the viability of a declaration of human obligations as a robust source of inspiration. In this combination of balance and relationality, Butler's notion of aggressive nonviolence is key.
19
Sultana, Summer, Sabir Ijaz, and Mubasshar Hassan Jafri. "UNIVERSAL HUMAN RIGHTS DECLARATION: RIGHT TO RETURN OF PALESTINIAN REFUGEES." Journal of Social Sciences and Humanities 58, no. 2 (December 31, 2019): 71–86. http://dx.doi.org/10.46568/jssh.v58i2.7.
Анотація:
For over last 70 years, the concept of "return" attained primary focus for the national narrative of Palestinian struggle against devastating conditions, categorized as (i) eviction from ancestral homeland, (ii) diffusion in all aspects and (iii) reconstitution of national unity. However, the very idea create fears among Israelis regarding their authority of whole Zionist enterprise, as well as demographic stability of Arab-Jewish ventures, with regards to the return of large number of Palestinians to their own places or any other part in Palestine. Discrimination in opposition to Palestinians is no longer perpetrated fully by Israeli state, but common to its society, as well. Our article is an answer to the complicated question: Can refugees along with other displaced victims ever claim their right in entering Israel and Palestine, since this State includes Gaza and West Bank territories? Various articles have made an attempt to clarify the matter through some internal laws and have also interpreted the rights mentioned in ‘International Covenants on Civil and Political Rights’, particularly while clarifying the idea evolved from the typical term: 'his own country’. The article focuses on the viable first point, specifically on the claim as a right of the Diasporas return to the formerly called ‘Palestine’. Various resources are utilised for the purpose of the research. This includes books, scholarly researched articles and newspapers etc. The study is analytical in nature and based on qualitative research method. Most of the literature used for the article is Secondary. The conclusion drawn in precise manner is that the intentions are blended in repeated violations of human rights, along with ethnic and religious refining and various innumerable deficiencies, and try to become regularly involved in sensitive issues. This turned out to be disheartening for the people living there as no efforts are made for a truthful resolution.
20
Wu, Tang Hang. "Confidence and the constructive trust." Legal Studies 23, no. 1 (March 2003): 135–52. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00208.x.
Анотація:
Almost every leading work on the law of confidence mentions the possibility of a declaration of a constructive trust as a remedy for a claim involving an abuse of confidence. Apart from the Canadian Supreme Court, no other appellate court in the Commonwealth has seriously debated this issue. This paper investigates the legitimacy of the use of the constructive trust in this context.
21
Novotný, Vojtěch. "God’s Providence and the Plurality of Religions." AUC THEOLOGICA 11, no. 1 (September 27, 2021): 39–59. http://dx.doi.org/10.14712/23363398.2021.3.
Анотація:
The ‘Document on Human Fraternity for World Peace and Living Together’, co-signed on 4 February 2019 by Pope Francis and the Grand Imam of Al Azhar, Ahmad Al-Tayeb, states: ‘The pluralism and the diversity of religions, colour, sex, race and language are willed by God in His wisdom, through which He created human beings.’ The article presents the starting points of correct hermeneutics of this statement. It points out that it is a positive reformulation of the anti-discrimination human rights declarations, which list the criteria according to which people cannot be discriminated. It shows the compatibility of the statement with the Quran, which presupposes a plurality of successive and graded revelations of God and religions: Judaism, Christianity, and Islam. It then represents the reactions with which Catholic theologians responded to the statement: the accusation of the Pope of heresy; the claim that while God’s creative will has instilled a natural religion in human beings, it does not positively seek a plurality of religions; the claim that non-Christian religions are an evil by which God allows to achieve greater good; the claim that all religions are wanted by God’s Providence in what is true, good, and beautiful in them as the preparation for the salvation of man in the encounter with Christ. In the end, it discusses the idea of St. John Paul II, who, for several years before the creation of the Abu Dhabi declaration, combined this last idea with the work of the Holy Spirit.
22
Bradmetz, Joël, and Claire Bonnefoy-Claudet. "Do young children acquire the meaning of to know and to believe simultaneously or not?" International Journal of Behavioral Development 27, no. 2 (March 2003): 109–15. http://dx.doi.org/10.1080/01650250244000065.
Анотація:
The conceptual meaning and linguistic use of to know are usually considered to occur earlier than those of to believe. However, the data supporting this claim do not take into account some sources of variation: The difference in the assessment between comprehension and production and the link established between action and representation in standard tasks like that of Wimmer and Perner(1983). The authors counter this claim and attempt to demonstrate a developmental parallelism between the two epistemic operators to know and to believe. This parallelism would be due to the absence of a link between belief and action in a first phase, both developing in a modular system but linked to implicit or explicit access to information, contrary to the usual conception in the literature. Three experiments are reported. The first and the second showed an equal difficulty level between to know and to believe in comprehension in both a declarative and a procedural false belief task and, to the contrary, a lag between the comprehension of to believe and the prediction of a declaration or an action based on a false belief. The third demonstrated that earlier success in attributing a false belief to the other was not a false positive.
23
Claydon, Tony. "William III's Declaration of Reasons and the Glorious Revolution." Historical Journal 39, no. 1 (March 1996): 87–108. http://dx.doi.org/10.1017/s0018246x00020689.
Анотація:
ABSTRACTThe paper considers reactions to William III's Declaration of reasons, the manifesto issued by the prince of Orange on the eve of his invasion of England in 1688. It questions recent historiography, which has argued for the importance of this document in William's success by claiming that it achieved a virtual hegemony of English political discourse in the period of the Glorious Revolution. The paper first shows that James II's supporters mounted an effective challenge to the Orange Declaration by reversing its claim that liberties were in danger under the existing regime. It then suggests that William lost control of his manifesto over the winter of 1688–9 by making moves to secure power and authority which were unadvertised in the document. Once this had happened, various groups opposed to Orange ambition were able to adopt the rhetoric of the Declaration and quote it back at the prince in attempts to block his advance. The paper concludes with the irony that the ubiquity of the Declaration in 1688 may have been a result of its failure as publicity for the Orange cause; and by suggesting that scholars should look in places other than the manifesto for an effective Williamite propaganda.
24
Stewart, Donald E. "Human Rights Issues and Health Practices." Asia Pacific Journal of Public Health 10, no. 2 (April 1998): 94–99. http://dx.doi.org/10.1177/101053959801000207.
Анотація:
On the occasion of the 50th anniversary of the Universal Declaration of Human Rights and in the context of current adverse economic circumstance in the Asia-Pacific region, it is apparent that we still have a long way to go before we can claim adequate promotion and protection of fundamental freedoms, human rights and health rights. New approaches to public health and a social, or population definition of health requires an active engagement with human rights and a recognition of the ethical domain. Such an engagement is assisted by the articulation of some of the fundamental principles underlying various Conventions, Charters and Declarations and the contribution of liberal moral and political theory to such documents. Such liberal traditions have been challenged for their ethnocentrism and western cultural bias. However it is argued that they form a basis for important universal standards which can assist public health practitioners as they navigate through the turbulent waters of human rights issues and health practices.
25
Rocha, Luana Franco, and Debora Amaral Costa. "Migration in the Context of a Multination State: Language Policies, Division and Intolerance in South Tyrol." Gragoatá 26, no. 54 (February 19, 2021): 326–54. http://dx.doi.org/10.22409/gragoata.v26i54.46918.
Анотація:
The aim of this contribution is to situate South Tyrol among other multination states as Flanders, Québec and Catalonia, as an attempt to broad the models of multi-level governance especially in what regards the accommodation of migrants. Furthermore, this paper shows how language policies affects migrants settled in this Italian multinational context, presenting data collected in semi-structured interviews that shows the perspective of migrants towards the policy of declaration of linguistic affiliation or aggregation and division in society. The topics of racism and xenophobia were also raised by the participants, relating to linguistic issues of non-legitimation of the speaker. The outcomes showed that migrants perceive the policy of declaration as a burden, since part of the participants interviewed claim that they do not feel represented by this policy, which enhances social division.
26
Lee, Choong-Hoon. "Effect of transfer of receivables with special agreement for prohibition of transfer." Kyung Hee Law Journal 58, no. 1 (March 30, 2023): 245–76. http://dx.doi.org/10.15539/khlj.58.1.6.
Анотація:
Subsection 449(2) of the Civil Act provides that “Where the parties have declared a contrary intention, a claim shall not be assigned: Provided, That such declaration of intention, cannot be set up against a third person acting in good faith” Regarding the interpretation of this subsection, the existing majority theory and precedents interpret that if there is a special agreement on prohibition of transfer, the transferability of the claim is lost and the transfer of the claim does not occur, but in order to protect the safety of the transaction, the invalidity cannot be claimed against a bona fide third party. This is referred to as the property effectiveness theory. However, on the grounds that improving the property character and transferability of claims is an international trend, the claim effectiveness theory is strongly asserted, which interprets that the transfer of receivables with a special agreement on transfer prohibition is valid, but the debtor can refuse performance against the malicious assignee. Accordingly, an opinion on amendment to subsection 449(2) of the Civil Act was presented.
However, the claim effectiveness theory has the following questions.
First, because the current subsection of Civil Act explicitly stipulates that “non-transferability”, it is questionable that this subsection may be interpreted as “transferability.” The reason why the Civil Law has a separate provision on the special agreement for the prohibition of the transfer of receivables is that if the principle of relativity of claims is applied to the transfer of receivables, it may break the trust of the debtor who believed in the special agreement for the prohibition of the transfer of claims, and if the effect of the special agreement for the prohibition of the transfer of receivables is only applied to the contracting parties because it cannot affect a third party, the principle of relativity of claims cannot be adhered.
Second, the claim effectiveness theory is thought to be an interpretation that overemphasizes the interests of the creditor and the transferee in relation to effect of transfer of receivables with special agreement for prohibition of transfer. It is the creditor and the debtor who have to weigh the profits in relation to effect of transfer of receivables with special agreement for prohibition of transfer, so it would not be reasonable to overemphasize the interests of the transferee.
Third, the claim effectiveness theory explains that transfer of receivables with special agreement for prohibition of transfer is valid, and the creditor only needs to impose liability for default on the violation of the special contract for non-transfer. However, if the creditor's default is liable to the damages which debtor does not suffer damages, the claim for damages against the creditor will be of no practical benefit. Therefore, it is not appropriate as a legal responsibility for the violation of special agreement for prohibition of transfer.…
27
Bzdyrak, Grzegorz. "ANNULMENT OF MARRIAGE IN POLISH LAW AND DECLARATION OF NULLITY OF MARRIAGE IN CANON LAW – A COMPARATIVE STUDY." Review of European and Comparative Law 2627, no. 34 (December 31, 2016): 65–87. http://dx.doi.org/10.31743/recl.4979.
Анотація:
Annulment and nullity of marriage are two institutions that function in two separate and independent legal systems. Despite some similarities, they cannot be used interchangeably. The differences between the annulment and declaring nullityof marriage follow mainly from the fact that the canonical marriage between baptized persons is a sacrament, a lifelong and indissoluble bond. For this reason, once validly contracted, it cannot be annulled or dissolved by divorce, but only bythe death of a spouse or a dispensation from an unconsummated marriage and the privilege of faith. In the case when marriage is contracted, despite the existence of impediments to marriage, the ecclesiastical tribunal, after completing the relevant proceedings, declares its nullity whereby this judgment is of a declarative nature. In the case of annulment of marriage, the legislator provided for some restriction as to the persons authorized to file a claim, and it also listed the situations in which, even though marriage was contracted in breach of law, its annulment is not possible. Therefore, convalidation by force of law is permissible. Such validation and such restrictions have not been provided by the ecclesiastical legislator, although the convalidation of marriage is possible as long as the matrimonial consent continues and some additional conditions have been satisfied. The judgment regarding the annulment of marriage is constitutive, although the effects of annulment have retroactive effects, whereby the legislator stated that for certain relationships, the rules of divorce shall be applicable.
Both in the state and canonical orders, there are three groups of reasons that are the basis for annulment and declaration of nullity of marriage. These are impediments to marriage, defects to the declarations of intention of the spousesand defects to the mandate to contract marriage. The individual reasons have been briefly discussed to present the differences in their understanding under canon law and state law.
28
Rayfuse, Rosemary. "Warm Waters and Cold Shoulders: Jostling for Jurisdiction in Polar Oceans." Yearbook of Polar Law Online 1, no. 1 (2009): 465–76. http://dx.doi.org/10.1163/22116427-91000023.
Анотація:
Abstract In May 2008 the five Arctic coastal states adopted the Ilullisat Declaration in which they asserted their role as stewards, for the international community, of the Arctic Ocean ecosystem. This paper discusses the legal basis for their claim to stewardship with particular reference to the high seas portion of the central Arctic Ocean, and their assertion that no need exists for a new comprehensive legal regime in respect of those high seas waters. It is argued that while the high seas regime of the Arctic may be extensive, it is not comprehensive. Thus, the legitimacy of the claim to stewardship rests on the willingness and ability of the Arctic coastal states to work to fill the lacunae and address the shortcomings in the legal regime for the high seas of the central Arctic Ocean.
29
Białecki, Marcin. "Zakaz wyrokowania ponad żądanie – uwagi do wyroku Sądu Najwyższego – Izba Cywilna z 23.11.2018 r., II CNP 54/17." Prawo w Działaniu 48 (2021): 250–60. http://dx.doi.org/10.32041/pwd.4810.
Анотація:
The purpose of this study is to discuss the issue of the prohibition of courts awarding beyond the pursued claim in the context of adjudicating on the manner of making a performance sought from several persons and the issue of the binding nature of the pursued claim from the perspective of judgment of the Supreme Court – Civil Chamber of 23 November 2018, issued in case II CNP 54/17, which involved examination of an appeal whereby the appellant sought declaration of a final judgment illegal. The research methodology applied here boils down to a dogmatic and juridical analysis of the cited judgment from the perspective of the views expressed in legal literature and case law in the form of a commentary. The main conclusions of this publication oscillate around the juridical assessment carried out by the Supreme Court in the judgment in point from the perspective of the dispositive principle (the principle that the parties themselves are to determine the subject matter of proceedings) and the inadmissibility of adjudicating on what was not covered by the claim or awarding beyond what was pursued as well as the claimant’s right to choose the defendant from whom he/she claims the performance. The discussed subject of the dispositive principle applicable to parties in civil proceedings and its confrontation with the principle of autonomy of will also refers to the mechanism of interference of substantive and procedural law provisions in adjudication. To sum up, in the light of principles of civil procedural law it is admissible to issue a judgment for the claimant whose claim results from the facts presented thereby, while applying substantive law resulting from a proper subsumption of the provisions of law. Meanwhile the Court’s adoption of a different legal basis than that indicated by the claimant does not mean going beyond the limits of the pursued claim, as set out in Article 321(1) of the Code of Civil Procedure.
30
O'Sullivan, Maria. "‘Past’ Violations under International Human Rights Law: The Indigenous ‘Stolen Generation’ in Australia." Netherlands Quarterly of Human Rights 23, no. 2 (June 2005): 243–72. http://dx.doi.org/10.1177/016934410502300204.
Анотація:
This article examines the debate relating to reparations for ‘past’ human rights violations, with particular focus on the case of the indigenous ‘Stolen Generation’ in Australia. The ‘Stolen Generation’ is a term used to describe the government-sanctioned practice of forced removals of part-Aboriginal children from their indigenous parents and placement into non-indigenous institutions and homes, which occurred in Australia from approximately 1910–1970. The ‘Stolen Generation’ violations present a unique and difficult legal question for international human rights law because they straddle the divide between ‘historic’ violations and contemporary acts, that is, they were committed by Australia after Australia signed key agreements such as the UN Charter, the Universal Declaration on Human Rights, the Declaration on the Rights of the Child and the Declaration on the Elimination of All Forms of Racial Discrimination, but prior to its ratification of international human rights treaties such as the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. This means that bringing a claim under international human rights law in relation to the violations raises a number of problems. The object of this article will be to explore whether Australia can be held responsible under international human rights law for the ‘Stolen Generation’ violations and possible avenues of redress. In this regard, the focus of the article will be on the possible claims victims could make to relevant treaty monitoring bodies and the types of obstacles they would face in doing so. These legal questions are also relevant to the wider debate that is taking place in relation to reparations, namely the extent to which a State can be held legally responsible to provide reparations for past violations.
31
Muharremi, Robert. "Conflicting Rules of Recognition: UN Security Council Resolution 1244 or the Constitution of the Republic of Kosovo." German Law Journal 15, no. 4 (July 1, 2014): 719–33. http://dx.doi.org/10.1017/s207183220001909x.
Анотація:
Kosovo's declaration of independence in 2008 and the United Nation's claim that UN Security Council Resolution 1244 (1999) (“Resolution 1244”) remains in effect have resulted in the unique case of two competing legal systems, both of which claim legitimacy and supremacy in Kosovo. While Kosovar authorities claim to exercise exclusive and sovereign authority over Kosovo based on the Constitution of the Republic of Kosovo, the UN, acting through the United Nations Interim Administration Mission in Kosovo (“UNMIK”), maintains that Resolution 1244 vests administrative authority over Kosovo in the Special Representative of the Secretary-General (“SRSG”). This conflict is best exemplified in a number of judgments rendered by the Special Chamber of the Supreme Court of Kosovo on Privatization Agency Related Matters (“Special Chamber”) and the Constitutional Court of the Republic of Kosovo. The purpose of this Article is to illustrate the problems that have emerged in the process of the creation of a new legal system in Kosovo and the emergence of a new rule of recognition which is reflected in conflicting judgments of the Special Chamber and the Constitutional Court.
32
Ahmed, Kawser. "Defining 'Indigenous' in Bangladesh: International Law in Domestic Context." International Journal on Minority and Group Rights 17, no. 1 (2010): 47–73. http://dx.doi.org/10.1163/157181110x12595859744169.
Анотація:
AbstractBangladesh is one of the 11 states which abstained in voting on the United Nations (UN) Declaration on the Rights of Indigenous Peoples. The reason as stated by the representative of Bangladesh at UN is that the term 'indigenous peoples' has not been clearly defined or identified in the aforementioned Declaration. In fact, the government of Bangladesh has been persistently denying many of the marginal communities' claim to recognition as indigenous peoples. The article argues that the state of non-dominance is one of the determining criteria of the definitions of indigenous peoples in international law. Drawing on the discourses of subaltern historiography and internal colonialism, this article further argues that the said marginal communities of Bangladesh indeed meet all the criteria including non-dominance inasmuch as they are entitled to recognition and legal protection as indigenous peoples. Case studies on historical profiles of three marginal communities of Bangladesh are provided as factual evidence in support of the above proposition.
33
Rizvi, Sajjad H. "A Primordial e pluribus unum? Exegeses on Q. 2:213 and Contemporary Muslim Discourses on Religious Pluralism*." Journal of Qur'anic Studies 6, no. 1 (April 2004): 21–42. http://dx.doi.org/10.3366/jqs.2004.6.1.21.
Анотація:
Students of natural theology have for centuries debated the religious progress of humankind. In the idyll of the Garden of Eden and in our earliest generations, they ask, did we believe in God? Or even gods? Has humankind evolved from pagan precursors to rational monotheism? Or did primordial monotheism lapse into paganism thus requiring the divine light of revelation to guide humanity back to the one true God? This paper focuses on three contemporary Muslim perspectives on religious pluralism that draw upon a key verse from Sūrat al-Baqara, which begins with the declaration that ‘Humankind was a single nation’ (or ‘is a single nation’, the tense seems rather significant) to tease out a central ethical question of religious pluralism and the moral relativism that, for some, it entails. How can all religions claim to be true when their truth claims are so incommensurable? Does the Qur'an articulate an exclusivist or universalist discourse (or perhaps more intriguingly both simultaneously) with respect to other faiths?
34
Jamar, Hanna, and Mary Katherine Vigness. "Applying Kosovo: Looking to Russia, China, Spain and Beyond After the International Court of Justice Opinion on Unilateral Declarations of Independence." German Law Journal 11, no. 7-8 (August 1, 2010): 913–28. http://dx.doi.org/10.1017/s2071832200018927.
Анотація:
When the International Court of Justice (ICJ) released its advisory opinion regarding the legality of Kosovo's unilateral declaration of independence (UDI) on 22 July 2010, Serbia was not the only State to express its dissatisfaction with the outcome. The broader significance of the ICJ's finding that Kosovo's UDI in 2008 did not violate international law has profound relevance for other States. The United States and its allies claim that Kosovo's situation is unique and does not serve as precedent, but other nations facing separatist movements within their own borders may have reason to be concerned.
35
Delgado-Pugley, Deborah. "Contesting the Limits of Consultation in the Amazon Region: On Indigenous Peoples’ Demands for Free, Prior and Informed Consent in Bolivia and Peru." Revue générale de droit 43 (January 13, 2014): 151–81. http://dx.doi.org/10.7202/1021213ar.
Анотація:
While states have legal rights over more than 60% of the world’s forests, around one billion people inhabit and “manage” them often without proper legal recognition. Many countries are moving towards conferring legal rights over forested land to a broad range of private actors such as individuals or communities. However, and perhaps not surprisingly, two thirds of on-going violent conflicts involving rural communities are driven by contested claims over land and resources. In many Latin American countries, statutes and regulations on consultation have recently become strategic issues, even though these laws are suppose to comply with treaties and declarations signed by states some years or even decades before. Is it reasonable to claim that international approaches to indigenous rights, such as the ILO Convention 169 (1989) and the United Nations Declaration on the Rights of Indigenous Peoples (2007) have actually begun to influence domestic regulations in a comprehensive manner? In that sense, what is the concrete impact of these approaches in policy-making processes? Is the recognition of the right to consultation bringing improvement to environmental conditions in the jurisdictions concerned? These questions are hereby addressed by means of two case studies where laws on consultation had parliamentary approval and were promoted by State’s agencies, but were contested by indigenous peoples’ movements: the framing of the Peruvian National Law on Consultation (Law No. 29785) and the ad hoc Law on Consultation (Law No. 222) over a planned road through the Indigenous Territory and Isiboro-Sécure National Park, regarded as the basis for the Bolivian Law on Consultation.
36
Pilarz, Łukasz. "Szczątki ludzkie w azjatyckich muzeach a prawa ludności rdzennej." Azja-Pacyfik 26, no. 2 (December 31, 2022): 45–63. http://dx.doi.org/10.15804/ap2022.2.03.
Анотація:
The work concerns the restitution of museum remains as a special cultural asset found in archaeological museums. The research problem concerns reverence towards human remains constituting museum exhibits on the example of Singapore museums. This type of museum inventory has become the subject of intensified restitution activities on the part of tribal minorities, indigenous peoples, who claim the right to them on the basis of the right to worship after their deceased ancestors, the right to protect cultural, religious and traditional heritage. Such law is based in particular on the Declaration on the Rights of Indigenous Peoples. The research objective focuses, first of all, on the legal grounds resulting from the Declaration, and secondly on the analysis of the inventory of selected Singaporean museums, which contain exhibits that are human remains in their collections. The main research hypothesis focuses on the statement that Singapore, as one of the few Asian countries, maintains a special regime of pietism towards the deceased, which is manifested in the way of treating and storing human remains as museum exhibits. This may be due to the country’s cultural conditions on the one hand, and religious and legal conditions on the other. This, in turn, translates into the approach of museums to restitution claims, which are increasingly being put forward by representatives of indigenous peoples in connection with the return of the remains of their deceased ancestors. These claims find their legal basis in acts of international law and collective human rights. Therefore, the work answers the questions whether museums in Singapore duly respect international law in the field of protection of human remains and the rights of indigenous peoples, and how this translates into reverence for this type of exhibits in museum practices in connection with ICOM regulations.
37
Elhoufi, Halima, Nohaila Elhaddad, and Yassine Tabaa. "Insurtech: Moroccan Regulation Toward the Example of Insurtech Lead in Arab Countries: United Arab Emirates." SHS Web of Conferences 175 (2023): 01047. http://dx.doi.org/10.1051/shsconf/202317501047.
Анотація:
Technologies are redefining the ecosystem [1] and the boundaries between industries, and reshaping consumer’s expectations. It is important to share divers’ data in a network to forge a business related to contributor’s data in the same manner to predictive maintenance [2] The partnership with technology suppliers based on IOT and telematics open the gate to a novel ecosystem where one strong platform grows and expands. Digitization and technologies proposed a new approach to common failure for the insurance industry. we present the legal basis as an accelerator to boost the adoption of digital solutions in insurance services including distribution, claim declaration, contract’s renewal.
38
Sugiharto, I. Bambang. "Parameter “Hidup yang Baik”: Tegangan antara HAM, Agama, dan Sains." MELINTAS 34, no. 1 (November 29, 2018): 80–95. http://dx.doi.org/10.26593/mel.v34i1.3086.80-95.
Анотація:
In terms of the parameter of ‘Good Life’, the Declaration of Human Rights as well as the ideals of religions and science have in fact been criticized respectively, and considered flawed. While the Declaration of Human Rights is universal in character – hence they can become a point of convergence among different religions – it is also susceptible to political manipulation, and subject to criticism from particular religious perspectives as well as from scientific outlook. As with science itself, its perspective is considered too narrow and mundane, when viewed from religious perspectives, that is, science deliberately leaves out the mysterious transcendental dimension inherent in human life. On the other hand, religion has also been under severe criticisms these days, due to its contradictory tendencies. At this juncture, atheist scientists come up with a point of view which they claim to be more neutral and objective as far as it concerns the ideal of ‘good life’. At least this is what Sam Harris believes it to be, in his idea of “moral landscape”.
39
Howse, Robert, and Ruti Teitel. "Humanity Bounded and Unbounded: The Regulation of External Self-determination under International Law." Law & Ethics of Human Rights 7, no. 2 (December 1, 2013): 155–84. http://dx.doi.org/10.1515/lehr-2013-0008.
Анотація:
Abstract One of the most complex and uncertain areas of international legal doctrine concerns how to deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of independence by Kosovar Albanians, the Court was given an opportunity to clarify and develop the law on external self-determination. Instead, the Court answered extremely narrowly, confining its analysis to the legality of the act of declaration without determining any consideration of international legal norms applicable to the act of secession that was being proposed. This article intends to fill the gap left by the ICJ’s decision: first by critiquing the inadequacy and tensions visible in the existing doctrine and second by examining how recent developments in international law may allow for a more normatively coherent approach to the problem.
40
Koivurova, Timo. "From High Hopes to Disillusionment: Indigenous Peoples' Struggle to (re)Gain Their Right to Self-determination." International Journal on Minority and Group Rights 15, no. 1 (2008): 1–26. http://dx.doi.org/10.1163/138548708x272500.
Анотація:
AbstractThis article will examine three international processes wherein the right to self-determination of indigenous peoples has been taken up: the process whereby the United Nations (UN) General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples (UN Declaration), the intention to negotiate a Nordic Saami Convention (Draft Convention) and the practice of the Human Rights Committee (HRC) in monitoring the observance of the International Covenant on Civil and Political Rights (Covenant). All of these processes have enunciated indigenous peoples' right to self-determination, but any claim to such a right has met with resistance from the states, with the reasons for such resistance examined here. The aim is to study why it is so difficult to insert indigenous peoples into international law as category and, in particular, to have states accept their right to self-determination. In the conclusions, it is useful to ask whether the problems experienced in promoting the right to self-determination of indigenous peoples are mere setbacks or whether they contain elements that might inform the international movement of indigenous peoples more generally.
41
Tyska, Magdalena, and Tomasz Smoliński. "Skarga o stwierdzenie niezgodności z prawem prawomocnego orzeczenia jako sformalizowany mechanizm służący dochodzeniu roszczeń odszkodowawczych od Skarbu Państwa." Kortowski Przegląd Prawniczy, no. 2 (July 20, 2021): 59–72. http://dx.doi.org/10.31648/kpp.6733.
Анотація:
The institution of a complaint for a declaration of non-compliance with the law of a final judgment was introduced by the regulations of the Act of 17 November 1964 – Code of Civil Procedure. It is a specific legal measure aimed at obtaining a judgment of the Supreme Court stating that a final judgment issued by a common court is inconsistent with applicable law. A complaint is used to challenge a legally valid ruling ending the proceedings in a given case, when a party has suffered damage as a result of its issuance and it has not been and is not possible to amend or revoke this ruling by means of legal remedies available to the party. Obtaining this type of a preliminary ruling is necessary in order to later pursue claims for damages in separate proceedings. In this respect, the main difference between this legal institution and other appeal institutions formed in the Polish legal system becomes apparent. A complaint is an institution applicable to both procedural and non-litigious proceedings. However, it is encumbered with many restrictions of a legal nature which the complainant must meet in order to effectively seek legal protection based on its mechanism. The purpose of this article is to present and explain the formal mechanisms influencing the correct shaping of a legal measure intended to constitute a preliminary ruling, on the basis of which the complainant will be able to claim compensation for an unjustifiedjudgment of a common court. This article is the first part of a comprehensive discussion of the issue of an action for a declaration.
42
Fear, Christopher. "“Was he right?” R. G. Collingwood’s Rapprochement between Philosophy and History." Journal of the Philosophy of History 11, no. 3 (November 7, 2017): 408–24. http://dx.doi.org/10.1163/18722636-12341382.
Анотація:
Abstract R. G. Collingwood’s declaration that belief in “eternal questions” in philosophy is “merely a vulgar error, consequent on a kind of historical myopia which, deceived by superficial resemblances, failed to detect profound differences” has been vigorously discussed over the last sixty years, thanks partly to its resurrection by Quentin Skinner. But another of Collingwood’s provocative claims has been relatively neglected. If the claims and arguments of classic authors in the history of philosophy provide answers to questions that are not ours, but that are in fact limited to the context of their own time; and if the purpose of history is to illuminate those answers in light of their historical contexts, should historians ask – as Collingwood claimed they “must” – not only “what was So-and-so’s theory on such and such a matter?”, but also “was he right?”? Should the historian of ideas in a world of changing questions nevertheless describe a theory as “false” or “true”, as Collingwood does, or is truth assessment no proper part of the history of philosophy? This essay draws on the full range of Collingwood’s writings, and presents his strongest case for the claim that historians “must” ask “the truth question” about old philosophy.
43
Starobin, Shana, and Erika Weinthal. "The Search for Credible Information in Social and Environmental Global Governance: The Kosher Label." Business and Politics 12, no. 3 (October 2010): 1–35. http://dx.doi.org/10.2202/1469-3569.1322.
Анотація:
Hundreds of “eco-labels” and “social labels” exist for consumer products. These labels claim to provide information about characteristics of these products, which consumers cannot directly observe but which many of them consider desirable, such as low environmental impact, good treatment of workers during production, and relatively high prices paid to the local producers of ingredients from developing countries. Third-party certifiers are supposed to solve the well-known problem that a producer's unilateral declarations lack credibility, given the producer's conflict of interest and the information asymmetries between producer and consumer. Much of the literature on global private regulation—through standards for environmental sustainability, corporate social responsibility, among others—assumes that third-party certification works (i.e., overcomes the problems of producer self-declaration). But closer inspection shows that many third-party certifiers lack credibility. This article examines why some third party certifiers are more credible than others. In doing so, we elucidate the ways in which social capital and trust bolster third party certifiers' credibility. The empirical analysis focuses primarily on Kosher food labels within the global food supply chain. We then explore the consequences of the credibility paradox for other third party certified labels that promote social and environmental values.
44
Lefeber, René, and David Raič. "Frontiers of International Law, Part One: The Chechen People, Continued." Leiden Journal of International Law 10, no. 1 (March 1997): 16–20. http://dx.doi.org/10.1017/s0922156597220029.
Анотація:
We agree with André de Hoogh that the Chechens did not possess a right to external self-determination prior to the massive indiscriminate use oi military force by Russia in December 1994. At no point have we argued or suggested otherwise. Hence, up to December 1994, the Chechen claim did indeed not meet the conditions set by paragraph seven of the Friendly Relations Declaration. However, the Friendly Relations Declaration needs to be interpreted in view of usus and opinio iuris. In other words, one has to analyse how this paragraph has developed in customary international law. According to our analysis of the law of self-determination, the emergence of a right to external self-determination depends on two cumulative conditions, viz. 1) the serious and persistent violation of the right to internal self-determination and 2) the exhaustion of all total and international peaceful remedies by the people concerned to effectuate its right to internal self-determination. These conditions must be deemed fulfilled if the parent state seriously and massively violates the fundamental human rights and freedoms – in particular by an arbitrary violation of the right to life – of the persons belonging to the people concerned.
45
Navendu Mishra, Jayant Sawarkar, and Suraj Dubey. "Database Performance Management in Cloud." International Journal of Engineering and Management Research 10, no. 5 (October 20, 2020): 46–51. http://dx.doi.org/10.31033/ijemr.10.5.11.
Анотація:
Managing large chain of Hotels and ERP database comprises of core areas such as HRMS & PIP.HRMS (Human Resource Management System), which further includes areas such as Soft Joining, Promotion, Transfer, Confirmation, Leave Attendance and Exit, etc. PIP (Payroll Information Portal), wherein employees can view their individual Salary details, submit investment declaration, Reimbursement claim & CTC structuring, etc. Management of Large Chain of Hotels and ERP Database in AWS Cloud involves continuous monitoring with regards to the areas such as Performance of resource usages and optimization techniques relating to the use of PL/SQL. High Availability (HA) of data is accomplished through the Backup and Recovery mechanism and security of the data by Encryption & Decryption mechanism.
46
Marquardt, Stephan. "International law and indigenous peoples." International Journal on Minority and Group Rights 3, no. 1 (1995): 47–76. http://dx.doi.org/10.1163/157181195x00039.
Анотація:
AbstractIndigenous people- international law - self-determination. In recent years, indigenous people have become increasingly active at the international level. Recent developments, in particular the drafting of a UN declaration on the rights of indigenous peoples, indicate that new rules of international law may be emerging from this process. The new developments raise the question of the legal status of indigenous peoples. This question has essentially two elements: whether indigenous peoples may claim sovereign rights and whether the right to self-determination of peoples is applicable to them. A number of arguments suggest that a positive answer may be given to these two questions. An important aspect in this context is that indigenous peoples should be distinguished from minorities.
47
Rozovel, Aliona. "GAGAUZ PEOPLE, OBTAINING SPECIAL LEGAL STATUS ON THE TERRITORY OF THE REPUBLIC OF MOLDOVA: PREMISES AND APPROACHES." Akademos, no. 2(56) (September 2022): 124–29. http://dx.doi.org/10.52673/18570461.22.2-65.12.
Анотація:
The article analyses the Gagauz people obtaining the special legal status in the Republic of Moldova in year 1995, by establishing the Autonomous Territorial Unit of Gagauzia. The research includes two parts: 1. The establishment of Gagauz people on the territory of the Republic of Moldova; 2. Causes of the emergence and mechanisms for solving the political conflict in the southern districts triggered after the declaration of independence of the Republic of Moldova. The purpose of this article is to elucidate the premises of the settlement of Gagauz people on the current territory of our country, as well as to identify the claims and dissatisfactions, with repercussions over time, which were at the basis of the conflict between the central authorities and the political elites of Gagauz people in the early 1990s. Based on the studied materials, one can easily presume that the Gagauz people are settlers who have taken refuge on the territory of Bugeac and have settled in the southern region of the Republic of Moldova, preserving their language and traditions, without having the right to claim the land of the natives.
48
Hammond, Matthew. "The Declaration of Arbroath, the Newbattle Assembly and the Community of the Realm." Scottish Historical Review 101, no. 3 (December 2022): 429–54. http://dx.doi.org/10.3366/shr.2022.0577.
Анотація:
This article reassesses Archie Duncan’s seminal reconstruction of the events surrounding the writing of the Declaration of Arbroath and argues that the letter’s date of 6 April 1320 represents the day on which a major political assembly at Newbattle abbey agreed the document’s wording. This event was a continuation of an important royal gathering held around Easter. Abbot Bernard, the chancellor, probably spent the rest of April in Berwick, before returning to his home abbey of Arbroath in May, when he completed business enacted at Newbattle, including the letters to the pope. There is a good chance that the three-week royal assembly at Newbattle was a parliament. This article discusses attendance at this potential parliament. While most sealers of the Declaration were probably present, the number of earls was probably inflated for political reasons. This was vital to the letter’s argument, which implied that there was little point in the pope opposing Robert’s claim to kingship, since the community of the realm, led by the earls, would merely replace him with another figure. Thus events in the spring of 1320 reflect both the hard-nosed power for which the Bruce party was known, as well as an organic action by a large portion of the political community in an attempt to create a framework for Scottish independence.
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Lahad, Kinneret, and Michal Kravel-Tovi. "Happily-ever after: Self-marriage, the claim of wellness, and temporal ownership." Sociological Review 68, no. 3 (November 15, 2019): 659–74. http://dx.doi.org/10.1177/0038026119889479.
Анотація:
The phenomenon commonly described as self-marriage is an exponentially growing trend in which individuals, mostly women, marry themselves. Drawing on a textual analysis of self-marriage accounts in online media, we argue that this concept denotes a new form of self-love and self-commitment – at the heart of which lies a wellness program, rather than a legal contract. This article explores this emergent concept, focusing on a notable, though not exclusive, segment of its practitioners: single women. We analyze the discursive formations and narrative formulas through which self-marriage travels and consolidates in the digital world. We explore this performative act in temporal terms: we introduce the concept of temporal ownership, to explain how self-marriage offers single women a venue by which they can claim to take control over their present and future, and reposition themselves vis-a-vis heteronormative timelines. Our account of temporal ownership is threefold. We analyze self-marriage as a declaration about ‘non-waiting’, and the creation of a ‘present continuous temporality’; as an act of ‘moving forward’, a meaningful milestone heralding a new beginning; and, finally, as a commitment to lifelong self-love. This threefold discussion leads us to a broader contribution to the sociological literature. In particular, we use self-marriage as a case study with which to flesh out the utility of thinking about wellness culture and certain aspects of neoliberalism through a temporal lens.
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Little, David. "THE RIGHT OF SELF-DEFENSE AND THE ORGANIC UNITY OF HUMAN RIGHTS." Journal of Law and Religion 36, no. 3 (December 2021): 459–94. http://dx.doi.org/10.1017/jlr.2021.59.
Анотація:
AbstractThe article challenges the fashionable but finally unsupportable opinion in political and academic circles that there exists no compelling, unitary, universally resonant moral and legal justification of human rights. The argument is intimated by two overlooked passages in the preamble to the Universal Declaration of Human Rights that presuppose the right of self-defense against arbitrary force, understood as both a moral and legal concept, and as relevant both to personal and collective life. It shows how the logic of defensive force underlies the three formative human rights instruments: the UDHR, and the two covenants on political, legal, economic, social, and cultural rights. The underlying claim is that good reasons of a particular kind are required to justify any use of force, a claim that makes perfect sense against the backdrop of the atrocities committed by the German fascists and their allies in the mid-twentieth century. The article also refers to compelling, if preliminary, evidence of the widespread cross-cultural acceptance of the moral and legal right of self-defense, suggesting a basis for the worldwide comprehensibility and appeal of human-rights language.