Добірка наукової літератури з теми "Relations of obligation"
Оформте джерело за APA, MLA, Chicago, Harvard та іншими стилями
Ознайомтеся зі списками актуальних статей, книг, дисертацій, тез та інших наукових джерел на тему "Relations of obligation".
Біля кожної праці в переліку літератури доступна кнопка «Додати до бібліографії». Скористайтеся нею – і ми автоматично оформимо бібліографічне посилання на обрану працю в потрібному вам стилі цитування: APA, MLA, «Гарвард», «Чикаго», «Ванкувер» тощо.
Також ви можете завантажити повний текст наукової публікації у форматі «.pdf» та прочитати онлайн анотацію до роботи, якщо відповідні параметри наявні в метаданих.
Статті в журналах з теми "Relations of obligation":
1
Zhabinsky, Igor’ G. "The Content of Legal Relations of Pledge of Binding Rights." Rossijskoe pravosudie, no. 12 (November 17, 2023): 34–40. http://dx.doi.org/10.37399/issn2072-909x.2023.12.34-40.
Анотація:
The article deals with the problematic issues of determining the content of the legal relationship on pledge of obligatory rights. The author raises the question of whether between the pledgor and the pledgee arises a mandatory legal relationship different from the main obligation. Based on the analysis of scientific doctrine and current legislation, the author concludes that the legal relationship between the pledgee and the pledgee is a complication of the main obligation, and not a separate obligation. The article also considers separate rights and obligations of the pledgee and the pledgee.
2
Koval’, Vladimir N. "The action of rights in rem on the relations of merchant shipping." Vestnik of Saint Petersburg University. Law 15, no. 1 (2024): 119–35. http://dx.doi.org/10.21638/spbu14.2024.108.
Анотація:
The article explores the legal nature and analyzes the relationship of property, obligation and public law relations arising in the field of merchant shipping. The conclusion about the leading role of civil law in the regulation of these relations is substantiated. At the same time, the basis for the construction of both obligations and public marine legal relations are proprietary relations and rights ("rights in rem"), that establish the affiliation of material objects which are used for merchant shipping. Considering the inconsistency of the current real law regulation with existing socio-economic needs, the author analyzes the content of the bills prepared in the process of reforming civil legislation. In author`s opinion, these bills do not fully solve the tasks of establishing in the Civil Code of the Russian Federation a closed list of rights in rem («numerus clausus») and proper regulation of possession. In particular, the unresolved problems of regulating proprietary rights on natural resources, the controversial approach of the legislator and the authors of the reform to determining the legal status of a sea vessel are noted. The author does not agree with the exclusivity of the principle of a single real estate object and justifies the need to preserve the status of a sea vessel as a real thing. The article defends the position of a consistent distinction between real and obligation, absolute and relative, as well as private law and public law relations. However, the author does not agree with the self-removal of civilists from the tasks of coordinating civil and administrative legislation. The right of ownership and other absolute proprietary rights (rights in rem) are regulated exclusively by civil law. Their connection with such public law obligations as obligations to ensure the safety and environmental friendliness of merchant shipping is realized by concretizing in relative public legal relations the general passive legal obligation of the owner not to violate the subjective rights of other persons. This obligation is enshrined in the provisions of the Civil Code of the Russian Federation and is characterized in modern civil science as a general regulatory and protective obligation of a public law nature. The author of the article substantiates that such an obligation may arise not only from the owner, but also in cases where a person owns a material object on other titles (bareboat charter, possession of cargo, etc.). The above justifies the need to formulate the general provisions of rights in rem not only considering the tasks of ensuring civil circulation, but also taking into account the needs of public law regulation of such areas as merchant shipping.
3
Bogacheva, T. V. "The Security Deposit in Obligations under a Construction Contract: Theoretical and Practical Aspects." Actual Problems of Russian Law 16, no. 1 (January 28, 2021): 80–90. http://dx.doi.org/10.17803/1994-1471.2021.122.1.080-090.
Анотація:
The paper, on the basis of theoretical constructions, normative acts, materials of law enforcement practice, examines the peculiarities of legal regulation of relations arising during the use of security payment to enforce the obligation. Emphasis is placed on theoretical and practical aspects of the application of security payment in contractual obligations. The author justifies her viewpoint concerning the prospects of using a security payment to ensure the performance of tort obligations. It is concluded that the scope of application of a security payment in tort obligations is rather limited. On the example of securing the performance of tort obligations arising during the performance of work under the contract, the author argues that the security payment is mainly applicable to secure the fulfillment of the tort obligations arising between persons in contractual relations, in a situation where the counterparties face a threat of harm in execution of a civil obligation. The author emphasizes that the security payment agreement is a consensual transaction.
4
Klosko, George. "The Moral Force of Political Obligations." American Political Science Review 84, no. 4 (December 1990): 1235–50. http://dx.doi.org/10.2307/1963261.
Анотація:
Political obligations vary in force. Though we have strong obligations to obey certain laws, our obligations to obey others appear to be considerably weaker. Because the weakness of the obligations to obey certain laws has been employed as an argument against the existence of general prima facie political obligations, an adequate theory of political obligation must account for this. By employing the obligation to keep promises as a model, I sort out the factors that contribute to the force of prima facie political obligations. Their varying force can be explained according to a general theory of political obligation founded on the principle of fairness.
5
Dolotina, R. R. "On the Issue of the Concept of Social Obligation." Courier of Kutafin Moscow State Law University (MSAL)), no. 2 (May 22, 2024): 153–62. http://dx.doi.org/10.17803/2311-5998.2024.114.2.153-162.
Анотація:
The article defines the concept of social obligation on the basis of a doctrinal analysis of the general theoretical foundations for the definition of obligations, taking into account the interdisciplinary nature of social obligations. The formulation of the definition of social obligation is given through the relationship between obligations and responsibilities. It is noted that social obligation (in the broad sense of the word) should be understood as a type of socially regulated social relations, within the framework of which an individually determined party is necessarily required to carry out normatively proper behavior to satisfy a wide range of socially significant interests. Social obligations in the narrow (social security) sense are the need for compensation established by law on the part of a public authority or non-state entity that arises among citizens as a result of the onset of a social risk of adverse consequences.
6
Bonotti, Matteo. "Partisanship and Political Obligation." Politics 32, no. 3 (September 3, 2012): 153–61. http://dx.doi.org/10.1111/j.1467-9256.2012.01440.x.
Анотація:
Political parties have generally been disregarded in the literature on political obligation. In this article I argue that, regardless of whether ordinary citizens or residents of a polity have any political obligations, partisanship generates its own kind of political obligations. Participating in party politics qua party members, supporters, activists or even mere voters produces benefits that generate corresponding and proportionate political obligations for those who enjoy them. The political obligations of partisans are easier to justify than those of ordinary citizens as the conditions under which the benefits of partisanship can be rendered excludable are easier to obtain.
7
Cherneha, Vitalii. "The mechanism for legal regulation of business entities' tortious obligations in Ukraine." Multidisciplinary Reviews 6, no. 2 (August 4, 2023): 2023020. http://dx.doi.org/10.31893/multirev.2023020.
Анотація:
This study seeks to build a theoretical concept of the mechanism for the legal regulation of business entities' tortious obligations in Ukraine. To achieve the objective of the study described below, the following scientific cognition methods have been used: analysis, analogy, deduction, induction, synthesis, legal and historical, systematic and functional methods. The mechanism for legal regulation of business entities' tortious obligations constitutes a set of legal tools (civil law means, ways and forms), the coordinated interaction of which can regulate relations in tort. The mechanism for legal regulation of business entities' tortious obligations includes tort law provisions, jural facts, business entities' tortious obligations, exercising subjective rights and fulfilling obligations by business entities liable for torts. Based on the analysed Ukrainian legislation, the following types of business entities' tortious obligations have been distinguished: the obligation to reimburse the affected party for damages caused by the source of major hazard; the obligation of an individual and legal entity (business entity) to reimburse the affected party for damages caused by their/its employee; the obligation of a business entity to reimburse its employee for damages caused to their life and health; and the obligation to reimburse the affected party for damages caused by defective goods and services.
8
Guyvan, P. "The duration of the contract as a period of civil liability." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 164–69. http://dx.doi.org/10.24144/2307-3322.2022.70.23.
Анотація:
This scientific article is devoted to the study of the current issue of the duration of the civil obligation and its relationship with the term of the contract. According to the current legislation of Ukraine, the subjective rights and obligations of the parties to contractual obligations are valid until terminated. Every obligation has its duration, and the term is its key characteristic and is included in the content of the obligation. This applies to both regulatory relations (intact) and security (those that arise and develop autonomously after the offense). The author argues that the duration of regulatory relations is determined by the parties to the contract, and it is during the contract that the creditor’s right and the debtor’s obligation must be exercised. After the expiration of a certain period (and the term is an essential prerequisite for the contractual obligation), the regulatory relationship is terminated. However, it is emphasized that the current legislation does not define the expiration of the term as a ground for termination of the obligation. This is its significant disadvantage. Specific proposals for the legal regulation of this issue are provided. The article analyzes the real relationship between the counterparties regarding the early termination of the contract. It may be terminated not only as a result of unilateral actions of the party, but also with the consent of the counterparties and as a result of other phenomena. The author proves that the contract ends with the termination of obligations contained in the contract. In other words, it is terminated due to exhaustion of conditions. An unfulfilled contract may also be terminated early. This is possible by mutual consent of the participants, or by the will of one counterparty, if provided by the agreement or established by law. The article examines in detail the grounds and mechanisms of these actions, special attention is paid to the termination of the contract as a sanction for improper compliance with its terms. Certain criteria for distinguishing the termination of the contract from the waiver have been critically assessed, primarily on the grounds of restitution consequences. Aspects that arise as a result of early termination of the contract are also considered: after the expiration of regulatory obligations may give rise to others - security. These obligations are related to the return of the performed (for example, the return of the leased thing), compensation for damages, performance in kind of counter-obligation, etc.
9
Kundeus, Oleksandr, Nataliia Zarudna, and Bogdana Truhonovetcka. "Historical and economic essence of liabilities for accounting and taxation purposes." Galic'kij ekonomičnij visnik 85, no. 6 (2023): 76–87. http://dx.doi.org/10.33108/galicianvisnyk_tntu2023.06.076.
Анотація:
The article delves into the concept of «obligations» from a historical perspective. An exploration of the essence of obligations spans from the times of the Roman Empire and the Middle Ages to contemporary interpretations. In order to account for obligations, a list of relevant accounts was compiled, which has also evolved and is presented in the article. Simultaneously, the significance of the development of this concept for accounting and taxation purposes was revealed. The essence of obligations is unveiled from both legal and economic standpoints. Rooted in the origins of legal direction since Roman law, it is understood that an obligation establishes a specific legal connection between its participants, resulting in certain rights and duties. However, it's noted that most scholars who researched the concept concluded that it is grounded in economic relations, intermediating them, and is by no means a technique for organizing economic production activities. In essence, obligations represent legal relations through which one party (debtor) must act in favor of another party (creditor) in certain actions (transferring property, performing work, paying money, etc.), or conversely refrain from specific actions, while the creditor has the right to demand the debtor's fulfillment of their obligation. The framework of regulatory documents defining the recognition and accounting of obligations is identified. The interconnection of subjects, objects, and the content of the concept of «obligation» is substantiated, suggesting that obligations are demands placed on a company's assets by its creditors, essentially an unregulated indebtedness of the enterprise. Furthermore, it's established that obligations in a modern context are characterized by specific economic resources, specificity, maturity dates for this indebtedness, compensation for resource usage, and specific sanctions for breaching previously agreed contractual obligations concerning terms or amounts of debt repayment. The position of enterprise obligations in the structure of company liabilities complies with national accounting standards.
10
Semenukha, Tatiana B. "Legal Relations Arising when Concluding a Preliminary Agreement." Proceedings of the Southwest State University. Series: History and Law 11, no. 5 (2021): 19–31. http://dx.doi.org/10.21869/2223-1501-2021-11-5-19-31.
Анотація:
Relevance. Despite the widespread use in civil circulation of the civil law structure of the preliminary contract and the attention to it from the scientific community, in law enforcement practice there are many controversial issues related to the application of this structure. The article presents the results of a study of the complex of legal relations that emerge upon the conclusion of a preliminary contract. The author qualifies these legal relationships as organizational obligations, reveals in their content mutual subjective civil rights and obligations. The fulfillment of these obligations is due to demand, but the new provisions of the legislation governing the conditional performance of obligations turned out to be worked out to a lesser extent than the conditional performance of obligations based on the preliminary agreement. The purpose of the study is an attempt to formulate new scientific provisions based on an in-depth analysis of the provisions of the current legislation concerning the conclusion and execution of a preliminary contract. Objectives: identify and study the specifics of legal relations that develop in the process of concluding a prelim-inary contract, give them scientific qualifications, analyze the norms of the current legislation and determine the direc-tions of its development. Methodology. In the study there were used the dialectical-materialistic method, the system method, the methods of analysis and synthesis, and the formal-legal method. The results the research is of a theoretical and applied nature and is aimed at improving the quality of law en-forcement practice and improving legislation. Conclusions. The author, on the basis of the analysis, comes to the conclusion that as a result of the conclusion of a preliminary contract, an obligation arises with conditional performance, the conclusion of a preliminary contract regarding a real contract does not contradict the current legislation, although it has features in terms of the con-sequences of failure to fulfill the main obligation.
Дисертації з теми "Relations of obligation":
1
Huet, Virginie. "L' obligation d'information du patient." Montpellier 1, 2004. http://www.theses.fr/2004MON10058.
Анотація:
L'obligation d'information en matière médicale a été créee de façon artificielle par la jurisprudence. Elle est le produit de mutations sociales. Le patient, comme le médecin, a changé. Il n'est plus un incapable, soumis à "l'impérialisme médical". Il devient un consommateur de soins averti et responsable. A ce titre, l'inflation de la législation est venue encore davantage complexifier les données de la relation patient-médecin. Par ailleurs, les fondements même de l'obligation de l'obligation d'information sont remis en cause. Est-ce réellement le contrat médical qui, par le biais du consentement, fonde l'information ? Ne serait-ce pas plutôt un "assentiment" à l'acte médical dénué de tout contrat qui en serait l'essence, justifiant ainsi avec force le refus de soin et permettant une unité entre le secteur public et le secteur privé ? Il semblerait que la finalité même de l'obligation d'information ait été détournée de son but ordinaire. Elle devient un outil d'indemnisation du patient face à l'aléa thérapeutique. Son contenu élargi, la charge de sa preuve, comme sa délivrance ou sa sanction tendent vers une plus grande protection du patient. La loi du 4 mars 2002 ne semble pas avoir vraiment modifié cet état de fait car la prise en compte de l'aléa thérapeutique reste restreinte. Des ajustements simples pourraient cependant être apportés notamment autour d'un juge médical spécialisé et unique.
2
O'Casey, Elizabeth. "A theory of need in international political theory : autonomy, freedom, and a global obligation." Thesis, London School of Economics and Political Science (University of London), 2012. http://etheses.lse.ac.uk/558/.
Анотація:
The thesis is concerned with the nature of human action presupposed by normative theory; it is about recognising and articulating the fragility of the human within the context of human needs and assumptions made by international ethical theory. The primary aim of the thesis is to establish the existence of two basic needs necessary for moral action, to determine a global obligation to enable the meeting of those needs, and to articulate a necessary reconceptualisation of the state system in line with the demands of that obligation. The thesis makes this argument in three parts. By exploring and revealing the vulnerability and finitude of the individual actor, looking at the notion and language of ‘need’, and demonstrating what is involved in being held morally responsible, Part One seeks to provide an objective and universalist account of the prerequisites of moral action, establishing two basic needs: autonomy and freedom. The second Part of the thesis is dedicated to showing why there is a corresponding obligation – a ‘Global Principle’ – to meet these needs, an obligation which is cosmopolitan in scope and source. In its attempt to articulate a rationally-derived core and primary principle of justice, the thesis hopes to contribute to the cosmopolitan discourse of IPT. Part Three shows in what way the international system, with an emphasis on the state, needs to be reconceived; it argues that the state needs to be reconceptualised as a transparent enactor of the derivative duties of the Global Principle (through political and socio-economic reform) ensuring identification of the individual as the primary actor of responsibility within the international. Overall, the thesis aims to identify and acknowledge the limitations of the human and the necessity of some external provisions in order to enable her to become a normatively accountable actor. It aims to highlight what normative theory both assumes and reinforces about human action, arguing that only once the discourse of IPT has recognised the uniquely needing nature of the individual can she become a meaningful and free actor within the international arena.
3
Bayram, Ayten Burcu. "How International Law Obligates: International Identity, Legal Obligation, and Compliance in World Politics." The Ohio State University, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=osu1313423254.
4
Faraj, Amine. "L' obligation d'information dans le contrat médical : Approche de droit comparé franco-libanais." Montpellier 1, 2007. http://www.theses.fr/2007MON10021.
5
Millar, Katharine M. "Support is the new service : gendered political obligation, the military, and collective subject formation in international relations : an examination of support the troops discourse and civil-military relations in the US and UK from 2001-2010." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:4cbb21f4-2e5a-4089-b78a-f1d349e8d409.
Анотація:
Military operations in Afghanistan and Iraq highlighted a key characteristic of contemporary Western civil- military relations. Today, a small group of volunteers fights a distant conflict while popular familiarity with military service and war declines. There is a disconnect between this way of war and enduring cultural understandings of the appropriate normative relationship between gender (particularly masculinity), military service, and citizenship. This study examines "support the troops" (StT) discourses in the United States and United Kingdom during the "global war on terror" (2001-2010) as a representation of this on-going transformation in gendered/ing civil-military relations. Methodologically, the study employs structured discourse analysis to map an original data set of previously unexamined documents produced by UK and US state and military officials, pro-military non-governmental organizations, peace and anti-war movements, and media. It is the first systematic social scientific study of the "support the troops" phenomenon. The patterns inductively generated within the mapping are interpreted using a poststructural (re)conceptualisation of the military as a discursive structural effect, as well a formal institution and social relation. The study argues that StT is a means of addressing the gendered civilian anxiety that accompanies non-service in wartime. It finds that StT is a political contestation over the appropriate normative structure of gendered civil-military relations. Through the articulation of three ideal-typical, intertwined logics of gendered political obligation, StT discourse reconstitutes military support, rather than military service, as the sine qua non of contemporary normative citizenship. Via a series of gendered associations and contrasts with "the troops", support is further produced as a means of military participation. Correspondingly, ostensibly separate "civil" society is (re)masculinised. Together, the underlying logics of gendered political obligation work to discursively instantiate and (re)produce an idealised vision of the political community, extending and legitimating the transnational liberal social order.
6
Padden, Tom. "Engagement at the end of an era : evaluating the role of obligation in writers' contributions to the West German peace movement 1979-1985." Thesis, University of Nottingham, 2016. http://eprints.nottingham.ac.uk/33631/.
Анотація:
This thesis examines the contributions of politically engaged writers to the West German peace movement in the final stages of the Cold War. The intensified arms race and related confrontations in the late 1970s and early 1980s were met with a similarly intensified reaction from peace movements in West Germany and beyond, supported by a variety of groups and individuals, including engaged writers. My thesis poses the question of how concepts of political, positional, and moral obligation defined and justified these writers’ public engagement in this period, and furthermore examines what distinct contributions these figures made to the wider West German peace movement based on these obligations. This analysis uses primary materials relating to a range of forms of writers’ engagement in this period, and explores both explicit and implicit forms of obligation supporting the roles and positions taken on by these figures. These include engaged writers’ direct contributions to protest actions, debates concerning the peace movement in the context of writers’ conferences, organisational involvement under the aegis of the Verband deutscher Schriftsteller, and literary engagement through poetry. Although not arguing that engaged writers singlehandedly led or defined peace protests in this period, my thesis demonstrates that these figures played a number of key contributory roles alongside the many other groups and individuals who made up the broader peace movement. These contributions were made with the support of engaged writers’ particular status and expertise, along with more general factors including their shared position as citizens alongside other protesters, with varied forms of obligation playing a key role in defining and justifying these forms of engagement.
7
Randrianjanaka, Irène. "Le cadre juridique de l'exercice du chirurgien-dentiste : contribution à l'étude du contrat de soins." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10053/document.
Анотація:
Ces deux dernières décennies ont connu un réel bouleversement de l'exercice professionnel du chirurgien-dentiste. D'importants progrès scientifiques et technologiques ont été réalisés. La nature des actes de soins a elle aussi évolué, avec la mise en oeuvre de techniques et de matériels de plus en plus sophistiqués. La chirurgie-dentaire, qualifiée communément d'"art dentaire" est enfin reconnue comme une véritable spécialité médicale. Parallèlement à cette évolution, les contraintes administratives et règlementaires se sont multipliées, et le cadre juridique de l'exercice du chirurgien-dentiste en cabinet libéral s'est renforcé. Le patient lui-même, est passé du statut de celui qui subit, à celui d'un réel acteur dans la relation de soins, grâce à la volonté du législateur d'instaurer une véritable démocratie sanitaire. Mais le praticien voit peu à peu sa liberté de prescription ainsi que sa liberté thérapeutique se restreindre, notamment, par l'apparition de recommandations de bonnes pratiques et de références médicales opposables. Le "colloque singulier" qui caractérisait autrefois le contrat médical, s'est éloigné du paternalisme décrié, vers une relation de soins créant des devoirs mais aussi des droits, pour les deux parties. La question se pose de savoir si de nos jours, cette relation de soins entre le chirurgien-dentiste et le patient qu'il soigne, est encore de type contractuelDuring the last two decades, there has been a real upheaval in the profession of dental surgery. Important scientific and technological progress has been achieved. The nature of surgical procedure has also evolved, with the implementation of more and more sophisticated techniques and instruments. Dental surgery, commonly known as "dental art", has at last been recognised as a real medical speciality. Together with this evolution, administrative and regulatory constraints have been multiplied, and the legal background of the exercise of dental surgery in private practice has been reenforced. The patient himself has changed from the status of the one who incurs to that of a real actor with regards to healthcare, thanks to the wish of the legislator to establish a true healthcare democracy. But the practitioner is seeing his freedom of prescription as well as his therapeutic freedom restricted, especially by the publication of recommended good practice and binding medical references. The "special relationship", which previously caracterised the medical contract, has receded from the much decried paternalistic approach to a healthcare relationship creating duties but also rights for both parties. We can ask ourselves if nowadays, this healthcare relationship between the dental surgeon and the patient he cares for is still a form of contract
8
Ng, Yin Lu. "Consequences of psychological contract breach in a Malaysian context : investigating the role of felt obligation to reciprocate and equity sensitivity /." [St. Lucia, Qld.], 2006. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe19742.pdf.
9
Fraisse, Wolfgang. "La responsabilité sociale des entreprises : une forme de régulation des relations de travail ?" Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE2078.
Анотація:
La responsabilité sociale des entreprises (RSE), définie comme l’intégration volontaire des préoccupations sociales et écologiques à l’activité commerciale des entreprises et dans leurs relations avec leurs parties prenantes, est devenue le lieu d’une série d’actes et de normes de nature et aux effets divers. Incitées à développer leurs démarches sociales responsables, les entreprises se sont dotées progressivement d’instruments volontaires. Or, comme tout fait social, ces derniers sont susceptibles de donner lieu à interprétation juridique d’autant plus que les sujets sur lesquels ils portent peuvent faire l’objet d’obligations posées par la réglementation étatique. En ce sens, les actes volontaires de RSE peuvent par leur formulation recommandatoire, proclamatoire ou déclaratoire opérer un renvoi au droit positif et constituer ainsi une base informationnelle voire pédagogique de la règle de droit offrant par-là un cadre pour le suivi d’une conduite juste et raisonnée. D’autres instruments peuvent également prescrire des comportements et ainsi constituer des modes de régulation des comportements. De plus, l’intensification de la force normative de ces instruments dits volontaires s’accompagne de leviers juridiques tant contraignants qu’incitatifs favorables au développement de la RSE. Le cadre national contribue de la sorte à façonner les initiatives des entreprises en cette matière. Ce maillage juridique fait de la RSE un espace de diverses formes de régulation. D’acte d’autorégulation lorsque les règles posées sont le résultat d’une volonté unilatérale, l’instrument peut devenir un mode de mise en œuvre du droit lorsqu’il s’inscrit dans le cadre d’obligations légales. Dans cette nouvelle dynamique, il ne faut pas occulter les potentialités juridiques offertes par le droit qui au fil des décisions de justice et analyses permet de concevoir la RSE comme un standard de conduite générateur de formes de régulation et de responsabilités au sein du rapport d’emploiThe corporate social responsibility (CSR) of major companies, defined as the voluntary integration of social and environmental concerns in both business itself and in the relationships with stakeholders, has become the site of a series of acts and standards of diverse nature and effects. Encouraged to develop social initiatives, firms have experimented with several initiatives to promote the image of social responsibility. However, with any endeavour, these are likely to demand legal assessment, especially as the subjects to which they relate are subject to state regulation. Voluntary acts of CSR can, by their recommandatory, proclamatory or declaratory formulation, refer to hard law and thus constitute an educational or informational basis of the rule of law, offering a framework for monitoring fair and rational conduct. Other standards can also prescribe behaviours and act as a form of control. Moreover, the intensification of the normative force of those voluntary measures involves legal implications, both binding and inspiring CSR development. The national framework helps to shape the initiatives in this area. This legal mesh makes the CSR a space of varying regulation, including self-regulation as a result of unilateral will in light of legal obligations. In this new dynamic, one must not overshadow the legal freedom granted by the law, which, over judgment and analysis facilitates the conception of CSR as a standard of conduct, generating regulation forms and responsibilities within the employment report
10
Eideliman, Jean-Sébastien. ""Spécialistes par obligation" Des parents face au handicap mental : théories diagnostiques et arrangements pratiques." Phd thesis, Ecole des Hautes Etudes en Sciences Sociales (EHESS), 2008. http://tel.archives-ouvertes.fr/tel-00333296.
Анотація:
Cette thèse vise à comprendre les arrangements pratiques auxquels ont recours les familles lorsqu'elles sont confrontées aux difficultés d'ordre mental d'un enfant ou adolescent. Mon enquête ethnographique sur 42 familles de la région parisienne, complétée par des données statistiques locales et nationales, met l'accent sur les théories diagnostiques que les proches de l'enfant sont amenés à formuler pour expliquer, décrire et prévoir son comportement. Si ces théories sont largement influencées par les discours professionnels recueillis, elles sont au croisement d'enjeux multiples : rapports de force avec les professionnels de la santé, avec les professionnels du champ de prise en charge de l'enfance handicapée, enfin avec les membres de l'entourage de l'enfant. Démêler la relation entre ces enjeux et les théories diagnostiques permet de mieux comprendre les décisions prises par l'entourage de ces adolescents et la manière dont elles varient d'une configuration à l'autre.
Книги з теми "Relations of obligation":
1
K, Harris C., ed. Jewish obligation to the non₋Jew: Source material. Houghton, South Africa: Tikkun, 1996.
2
Baker, C. Ashford. The ultimate dilemma: Obligation conflicts in wartime. Lanham, MD: University Press of America, 1988.
3
Gruning, David W. Family and obligation: The Louisiana civil law of persons. Austin, Tex: Butterworth Legal Publishers, 1990.
4
Francis, Nicholas. Ancillary relief after Miller and McFarlane: A special briefing. Corsham: Lime Legal, 2006.
5
Gushee, David P. Righteous Gentiles of the Holocaust: Genocide and moral obligation. 2nd ed. St. Paul, Minn: Paragon House, 2003.
6
Muldrew, Craig. The economy of obligation: The culture of credit and social relations in early modern England. New York: St. Martin's press, 1998.
7
Beshir, Mohamed Rida. Family leadership (qawamah): An obligation to fulfill not an excuse to abuse. Beltsville, Md: Amana Publications, 2009.
8
Maclean, Mavis. The parental obligation: A study of parenthood across households. Oxford: Hart Pub., 1997.
9
J, Hentz James, ed. The obligation of empire: United States' grand strategy for a new century. Lexington: University Press of Kentucky, 2004.
10
James, Anaya S., Falk Richard A. 1930-, Pharand Donat, and Canada. Royal Commission on Aboriginal Peoples., eds. Canada's fiduciary obligation to aboriginal peoples in the context of accession to sovereignty by Quebec. Ottawa: Ministry of Supply and Services, 1995.
Частини книг з теми "Relations of obligation":
1
Brown, Ruairidh J. "Political Obligation." In Social Relations and Political Development in China, 12–29. First Edition. | New York : Taylor & Francis, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9781003032151-2.
2
Jackson, Robert. "Knots and Tangles of International Obligation." In Classical and Modern Thought on International Relations, 101–21. New York: Palgrave Macmillan US, 2005. http://dx.doi.org/10.1057/9781403979520_6.
3
Busser, Mark. "Modes of responsibility and international relations theory." In Ethics, Obligation, and the Responsibility to Protect, 25–44. Abingdon, Oxon ; New York, NY : Routledge, 2019. | Series: Global politics and the responsibility to protect: Routledge, 2019. http://dx.doi.org/10.4324/9780429440274-3.
4
Paras, Andrea. "Colonial obligation, missionaries and the civilizing mission." In Moral Obligations and Sovereignty in International Relations, 99–122. Abingdon, Oxon ; New York, NY : Routledge, 2019. | Series: Routledge global institutions series: Routledge, 2018. http://dx.doi.org/10.4324/9780203711958-5.
5
Paras, Andrea. "Abolitionist obligation, liberty, and the purpose of empire." In Moral Obligations and Sovereignty in International Relations, 67–98. Abingdon, Oxon ; New York, NY : Routledge, 2019. | Series: Routledge global institutions series: Routledge, 2018. http://dx.doi.org/10.4324/9780203711958-4.
6
Paras, Andrea. "An identity-based theory of sovereignty and moral obligation." In Moral Obligations and Sovereignty in International Relations, 21–46. Abingdon, Oxon ; New York, NY : Routledge, 2019. | Series: Routledge global institutions series: Routledge, 2018. http://dx.doi.org/10.4324/9780203711958-2.
7
Paras, Andrea. "Religious obligation, the Huguenots and the emergence of English sovereignty." In Moral Obligations and Sovereignty in International Relations, 47–66. Abingdon, Oxon ; New York, NY : Routledge, 2019. | Series: Routledge global institutions series: Routledge, 2018. http://dx.doi.org/10.4324/9780203711958-3.
8
Paras, Andrea. "Rights-based obligation, the Responsibility to Protect, and conditional sovereignty." In Moral Obligations and Sovereignty in International Relations, 123–60. Abingdon, Oxon ; New York, NY : Routledge, 2019. | Series: Routledge global institutions series: Routledge, 2018. http://dx.doi.org/10.4324/9780203711958-6.
9
Linklater, Andrew. "Internal and External Concepts of Obligation in the Theory of International Relations." In Men and Citizens in the Theory of International Relations, 38–56. London: Palgrave Macmillan UK, 1990. http://dx.doi.org/10.1007/978-1-349-20867-8_3.
10
Francioni, Francesco. "Overcoming the Judicial Conundrum: The Road to a Diplomatic Solution." In Remedies against Immunity?, 343–49. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_19.
Анотація:
AbstractThe role of international law and of international lawyers is at its best when it results in a ‘work of reconciliation and realistic construction’ (Dag Hammarskjöld, 1953). Unfortunately, it is difficult to find much of this spirit in the unfolding, regrettable and never-ending saga of Germany versus Italy. In answering the basic question of whether Germany is obliged to negotiate a settlement with Italy, this chapter argues that even if there is no hard and fast legal obligation, there is a political and moral obligation to negotiate a settlement, as indicated by paragraph 104 of the Jurisdictional Immunities Judgment of the International Court of Justice (ICJ); the same obligation is incumbent upon Italy. The current legal ‘black hole’ cannot be filled by further proceedings before the ICJ because immunity serves the value of the equality of states, yet equality is not a value in its own sake but is functional to the preservation of peaceful and orderly international relations and to the ‘realistic construction’ of conditions for the fulfilment of human rights. Negotiations in view of the creation of a joint German–Italian fund for the reparation of victims is the appropriate way to overcome the present impasse and to do justice to a whole class of victims who so far have fallen into oblivion.
Тези доповідей конференцій з теми "Relations of obligation":
1
Papež, Petr. "Náhrada újmy v pracovněprávních vztazích." In Naděje právní vědy 2022. University of West Bohemia, Czech Republic, 2023. http://dx.doi.org/10.24132/zcu.nadeje.2022.470-479.
Анотація:
Liability for damages is a special form of relationship where, on the basis of a violation of an already existing primary obligation, a secondary obligation – the obligation to compensate the damages – arises for the harming party. There is a considerable number of „types“ of liability for damages, many of which are primarily governed by the Civil Code, others are governed by special statutes. Compensation for damages in employment relations is regulated in a special legal regulation – Act No. 262/2006 Coll., Labor Code, as amended, which covers the legal regulation in question rather comprehensively and devotes its entire eleventh part to it. The legislation in question reflects the unequal status of the subjects of labor relations, especially the protection of the employee. The aim of this article is the compensation for damages in employment relations de lege lata, especially the liability of the employer for damages.
2
Vujičić, Jovan. "OBLIGATION TO UPDATE DIGITAL ELEMENTS OF GOODS." In International scientific conference challenges and open issues of service law. Vol. 1. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko1.055v.
Анотація:
Unlike the traditional concept of sale, according to which the maintenance of digital elements of the goods could be the subject of a contract of a mixed legal nature or a related contract for the provision of services, a more flexible approach is accepted in modern European (consumer) contract law. Considering the specific requirements related to digital products, a significant innovation, with far-reaching consequences for contractual practice, is notably the inclusion of the update obligation in the notion of conformity. The need for such „dynamization“ is particularly emphasized with regard to security updates. However, the update obligation is not limited to them. In addition to the agreed updates, the seller is obliged to provide updates that are necessary to keep the goods with digital elements in conformity. By adopting the update obligation contributes to curbing the premature (often planned) technological obsolescence of goods with digital elements. This objective requirements for conformity does not impose a disproportionate burden on the seller, as it is subject to the possibility of qualified deviation. Also, in case of omitting to provide the necessary updates, the seller shall be entitled to pursue remedies against the person liable in the chain of transactions. Considering the increased importance of the service component in contracts for the sale of goods in the (increasingly) digitalized world, the update obligation should also apply to relations between business entities.
3
Mićović, Andrej. "OSNOVNE USLUGE DIGITALNIH PLATFORMI I STATUS PRUŽAOCA USLUGA." In XIX majsko savetovanje. University of Kragujevac, Faculty of Law, 2023. http://dx.doi.org/10.46793/xixmajsko.347m.
Анотація:
The article analyzes the rules contained in EU Regulation 2022/1925, which are intended to ensure contestable and fair market in the digital sector. To that end, legislator introduced rules which enable digital service provider to acquire the status of the so-called gatekeeper, provided that certain criteria have been met. The gatekeeper needs to comly with a series of obligations in relation to business users and end users of respective core digital platform services (the list of core services is given in the Regulation) which are specified in the designation decision. All those obligations, which ensure contestability and fairness of the digital market, may be divided into two groups depending on the way they are defined: negative, which impose ban for gatekeeper from engaging in certain activities, and positive, which oblige gatekeeper to allow or grant certain conduct. If there are justified reasons, the gatekeeper can be completely or partially released from a certain obligation, by passing an act on suspension or exemption.
4
Takacs, Ildiko-Csilla. "MANAGING INTERCULTURAL SKILLS AND CROSS-CULTURAL PRACTICES THROUGH INTERDISCIPLINARY APPROACHES." In 9th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS 2022. SGEM WORLD SCIENCE, 2022. http://dx.doi.org/10.35603/sws.iscss.2022/s04.045.
Анотація:
In the world of academia, research and teaching are never really disconnected interests. On the contrary, they co-exist in a virtuous circle, where each feed into the other and focus on the interdisciplinary frameworks, which motivate the innovative structures of higher education and maintain discourse relations by providing in a concise way, an ocean of information about abstract knowledge. The implementation of interdisciplinary subjects, such as innovative language strategies, effective Intercultural Communication, and cross-disciplinary practices could be as challenging as esteemed for continuous professional development. The research area includes various aspects related to interdisciplinary fields by integrating socio-cultural data and cross-cultural dimensions with soft skills invariably serving as a point of reference; its interdisciplinary nature, owing to the developments in language, business, and intercultural research which have influenced its evolution. Intercultural studies, as well as experimental work, reveal that critical thinking can be trained to use task performance of the learning strategy that affects the way people process, acquire, organise, or integrate new knowledge. Provided academics adjoin the assumptions presented by cognitive sciences to the configuration of Figurative Competence, training learners� cognitive skills both at the conceptual and the verbal level becomes a necessary obligation. The aim of the interdisciplinary approach is to offer mentally challenging analytical thinking and reasoning with a focus on comprehension, strategies of effective communication and control through the implementation of cognitive models. Thus, insightful thoughtfulness, enhanced by explicit analysis and teaching in particular domains is supportive when encountering new paradigms to make a contrastive study of an interdisciplinary subject for reasons connected to the methodology of research.
5
Miladinović, Zoran. "SPECIAL OBLIGATIONS OF THE RAIL CARRIER TO USERS OF THE RAIL TRANSPORT SERVICE - PASSENGERS." In International scientific conference challenges and open issues of service law. Vol. 2. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko2.003m.
Анотація:
The paper discusses the special obligations of the railway carrier towards the users of railway transport services, i.e. passengers, with a special emphasis on solutions in EU and Serbian regulations. National and international regulations on the transportation of passengers by rail regulate the legal relations regarding the mutual rights and obligations of the contracting parties - the railway carrier and passengers. However, practice has shown that passengers very often suffer certain inconveniences and even damage in the event of disruptions in transport, and such situations were not regulated by international and national regulations on the transport of passengers in railway traffic until recently. That is why the EU has adopted appropriate regulations (Regulations) on the special obligations of carriers in the event of disruptions in transportation in all branches of traffic. In rail transport, this issue is regulated by EU Regulation no. 1371/2007. on the rights and obligations of passengers in rail transport. This regulation prescribes the obligations and responsibilities of the railway carrier, i.e. passengers are recognized with appropriate rights in the event that passengers suffer certain inconveniences due to disruptions in transport. Also, this regulation prescribes special obligations for the railway carrier, but also for the entities that manage the railway infrastructure, towards persons with disabilities and persons with reduced mobility as users of railway transport services. It is about the special obligations of the railway carrier, that is, about the special rights of passengers as users of transport services in relation to the solutions contained in the relevant international and national regulations that regulate legal relations from contracts for the transport of passengers in international and domestic traffic. The author concludes that the regulations of Serbia on the transportation of passengers by rail are still not harmonized with the EU regulations, but also with the regulations of Serbia - the Law on Prohibition of Discrimination against Persons with Disabilities and the Law on Consumer Protection, so there are certain open questions in this sense.
6
Tavits, Gaabriel. "Protection of the Weaker Party – to Whom is Labour Law Still Applicable?" In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.33.
Анотація:
National law is affected by a number of different international regulations and agreements. International agreements provide for rules aimed at harmonizing certain requirements and understandings that different countries should follow. In labour relations, international standards are set at two different levels – on the one hand, by the International Labour Organization (ILO), and on the other by regional standards – by the Council of Europe and the directives and regulations adopted by the European Union. All these international rules have important implications for national labour law. However, such international norms do not provide a clear personal scope – that is, it is not clearly defined to whom such international norms apply. Although the various international rules do not directly define the persons to whom those norms apply, – the implementation of international rules remains a matter for national law. Thus, the concept of both employee and employment relationship is shaped by national law. The exception here is the European Union, where the European Court of Justice has given an autonomous meaning to the concept of worker (particularly in the context of freedom of movement for workers). Although the concept of a worker and of an employment relationship has been developed by the Court of Justice of the European Union, Member States retain the right to define the employment relationship in accordance with the law in force in the respective Member State. The main factor in shaping employment relationships is the employee's dependence on the person providing the work, and the person providing the work also has an obligation to pay remuneration for the work performed. Although the scope of those rules is defined differently by different international rules, the characteristics generally applicable to the definition of an employee and the employment relationship are similar to those used in national law.
7
Cloutier, Roy, Lorinc Vass, and Nicole Sylvia. "Home in the Era of the Platform: Nine Theses on Decentralized Domesticity." In 108th Annual Meeting Proceedings. ACSA Press, 2020. http://dx.doi.org/10.35483/acsa.am.108.135.
Анотація:
Digitally networked platforms are transforming interpersonal relations and the occupation of urban space, including how home and the domestic are understood and enacted. Despite a rhetoric of openness, neutrality and sharing, the penetration of digital platforms into the domain of architecture is resulting in increased individualization and financialization—extending the managerial logic of late capitalism deeper into the domestic sphere. On one hand, the networks of this platform capitalism—from Uber to Airbnb and beyond—allow a distributed, fluid mode of exchange, fostering forms of flux and openness that exceed the comparatively-static models that preceded them. By altering patterns of interaction, consumption, travel, and more, digital sharing platforms are re-shaping the way private and public spaces are conceived and used for work, leisure, and living. On the other hand, this fluidity is too often accompanied by a dissolution of stability and mutual obligation, leading to precarious forms of life. In the process, the centralized model of domesticity ebbs in favour of a decentralization of domestic space—pushing domesticity beyond the bounds of the individual domicile into collective and urban space. The nine theses of this paper comprise a call for a critical re-evaluation of the trajectories of distributed domesticity—examining both historic experiments and contemporary digitally-networked permutations. The theses are a foray into the realm of platform domesticity: excavating new trajectories from both platform and domestic to inform future models of ‘home.’ To do so, the paper traces three independent but overlapping trajectories in the decentralization of domestic space: the austere dwelling, the collective dwelling, and the networked dwelling. Emerging forms of domesticity entangle aspects of the austere, collective, and networked in novel ways—and do so with a variety of attitudes to technology, control, politics, and design. In response, the paper argues that platform domesticity requires a renewed conception of conviviality and agency: a right to the platform.
8
Topaloğlu, Mustafa. "Guarantor Situation in the Bank Credit Restructurings." In International Conference on Eurasian Economies. Eurasian Economists Association, 2020. http://dx.doi.org/10.36880/c12.02408.
Анотація:
In Turkish bank practice a great variety of bank credits are extended. Banks take or convey by mortgage such as real security or surety as personal guarantee to secure loans. In the surety regulated in the Turkish Code of Obligations in essence, very strict requirements have been arranged for the purpose of protecting the guarantor. Bank credit relations are continued over a long period of time. In this process, new contracts of surety are signed or credit restructurings are in question. Here are the changes in this relation the situation of guarantor was tried to be legally disclosed in the light of Supreme Court’ s decisions.
9
Эрзанукаева, Марьям Магомедовна. "IMPACT OF THE CORONAVIRUS PANDEMIC ON CIVIL LAW RELATIONS." In Социально-экономические и гуманитарные науки: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Август 2020). Crossref, 2020. http://dx.doi.org/10.37539/seh292.2020.99.49.008.
Анотація:
В статье на основе исследования действующего гражданского законодательства описано влияние коронавируса на вопросы договорного характера, исполнение обязательств и основания освобождения от ответственности The article describes the impact of coronavirus on contractual issues, performance of obligations and grounds for exemption from liability based on the study of current civil legislation.
10
Ivanova, Pavlina. "PERSONAL DATA IN THE CONTEXT OF EMPLOYMENT RELATIONS." In PROTECTION OF THE PERSONAL DATA AND THE DIGITALIZATION 2021. University publishing house "Science and Economics", University of Economics - Varna, 2021. http://dx.doi.org/10.36997/ppdd2021.116.
Анотація:
For the purposes of the employment relationship under the law, employers collect, process and store a certain amount of personal data of job candidates and employees. This creates for them respective obligations and responsibilities in their capacity as controllers of personal data. The report examines the grounds for the collection and processing of personal data for the purposes of employment and sets out the necessary measures to ensure the confidentiality of personal data of staff.
Звіти організацій з теми "Relations of obligation":
1
Gautrais, Vincent, Anne Tchiniaev, and Émilie Guiraud. Formulaire du Guide des bonnes pratiques en IA: Disposition de la Loi 25 et bonnes pratiques. Observatoire international sur les impacts sociétaux de l’intelligence artificielle et du numérique, July 2023. http://dx.doi.org/10.61737/pupd4808.
Анотація:
Ce document, qui se présente sous la forme d’un formulaire, propose une liste de questions relatives à certaines obligations légales découlant de la Loi modernisant des dispositions législatives en matière de protection des renseignements personnels (« Loi 25 ») ainsi qu’aux bonnes pratiques pour les entreprises et les organismes publics qui utilisent l’IA. Tant les obligations explicitement identifiées dans la Loi 25 que celles que nous avons mis de l’avant dans le présent Guide sont mises en perspective dans ce formulaire. Le formulaire est divisé en sept sections reprenant les sept principes relatifs à l’utilisation des données et à la protection des renseignements personnels dans un contexte d’IA formulés dans le présent Guide. Il permet au répondant d’évaluer sa conformité aux principales obligations visant à assurer une circulation responsable des données. Le formulaire a été construit selon un effet miroir dans lequel certaines des obligations légales de la Loi 25 se reflètent sur les bonnes pratiques en matière d’IA.
2
Torrent, Ramón. Looking to the Future of EU's External Economic Relations Policy. Inter-American Development Bank, May 2001. http://dx.doi.org/10.18235/0007898.
3
Boekle-Giuffrida, Bettina, and Mia Elisabeth Harbitz. Democratic Governance, Citizenship, and Legal Identity: Linking Theoretical Discussion and Operational Reality. Inter-American Development Bank, May 2009. http://dx.doi.org/10.18235/0012208.
Анотація:
This working paper explores the importance of legal identity from both a theoretical and operational point of view. The need to investigate and deepen the understanding of the implications of being sans papiers in relation to social exclusion and governance issues is highlighted. This paper argues that proof of an adequate and secure identity document is not only the base of a democratic society and obligation of all governments, but also a fundamental citizenship right.
4
Burge, Laura, and Fiona Marshall. Moving Beyond Institutional Boundaries: A Collaborative Approach to Primary Prevention. Journal of the Australian and New Zealand Student Services Association, October 2023. http://dx.doi.org/10.30688/janzssa.2023-2-05.
Анотація:
Preventing and responding to incidents of sexual assault and sexual harassment on university campuses remains an ongoing challenge for tertiary institutions across Australia and around the world. The growing recognition that universities have an obligation to address sexual harm has led to increased cooperation and collaboration among universities. This paper provides an overview of one such example of sector collaboration—the Victorian Tertiary Primary Prevention Network (TPPN). This community of practice brings together practitioners to share resources, ideas, successes, and challenges in relation to the promotion of safe and respectful university communities, and the prevention of sexual assault and sexual harassment. The paper also highlights transferable elements of the Network, drawing attention to four principles that should be taken into consideration by those seeking to explore or develop similar cross-institutional programs of work.
5
Jorge, Guillermo. Identification and Exchange of Information on Politically Exposed Persons in Central American Countries. Inter-American Development Bank, August 2018. http://dx.doi.org/10.18235/0010714.
Анотація:
In the fight against money laundering, information on politically exposed persons (PEPs) is highly relevant for financial institutions as it is about customers deemed to be high-risk due to their public functions and the degree of influence they can exert. This document reviews the regulatory and operational frameworks to access and exchange of information on PEPs in Central American countries, as well as the enhanced due diligence measures under implementation in these countries. The main findings indicate that there are legal constraints in relation to the definition of PEPs and the obligation to declare beneficial owners. There are also operational constraints in terms of the measures implemented to identify PEPs and to ensure the integrity of information systems. Likewise, this document presents recommendations to address the barriers identified and analyzes best practices to help strengthen the detection and prevention mechanisms used by Central American governments and financial institutions for cases in which PEPs use the financial system to launder money obtained through corruption and related crimes.
6
Lewis, Dustin, Radhika Kapoor, and Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, December 2021. http://dx.doi.org/10.54813/uzav2714.
Анотація:
The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.
7
Canefe, Nergis. Syrian Refugee Resettlement in Canada. York University, 2018. http://dx.doi.org/10.25071/10315/41552.
Анотація:
This web archive strives to offer a documented commentary on the most recent addition to the Canadian resettlement scheme, the Blended Visa Office-Referred (BVOR) program. The program constitutes a modified version of private sponsorship of refugee and immigrant applicants; it has to be examined in relation to both private and government resettlement schemes, and in comparison to the historical use of private sponsorship for Indochinese refugees. The documents presented here allow an examination of the background debates that led to the institutionalization of the BVOR program, the challenges BVOR is intended to address, public and political debates concerning the proposed division of public and private responsibility, and the links made between this particular model and the public acceptance of the en masse resettlement of select Syrian refugees in Canada. This refugee crisis raises important political and legal questions for both the Canadian public and Canadian policymakers. Who is deemed to be a deserving refugee, who is eligible for resettlement and based on what criteria, keeps changing. The current and future saliency of migration could be succinctly revealed by examining factors such as which categories of migration hold significance, how they are constructed and determined, and by whom. The debate continues and must do so above and beyond policy measures, legal requirements and formal immigration regimes. It is also of utmost importance to underline that private sponsorship programs are to be in place as a complementary element to government-assisted resettlement commitments. They cannot eradicate the necessity of the Canadian government to fulfill its international obligations and humanitarian commitments in the face of mass displacements. The Syrians are unlikely to be the last group to suffer such a fate.
8
Veiga, Pedro da Motta. MERCOSUR's Institutionalization Agenda: The Challenges of a Project in Crisis. Inter-American Development Bank, December 2003. http://dx.doi.org/10.18235/0012230.
Анотація:
This paper formed part of a Conference "Mercosur: In Search of a New Agenda" held in the Getulio Vargas Foundation in Rio de Janeiro in June 2003. The purpose of the Conference was to was to examine future directions for Mercosur in light of emerging political dynamics pointing to renewed interest in deepening the initiative after a turbulent 1999-2002. The papers and the conference were supported by the Integration and Regional Programs Department of the Inter-American Development Bank through its Special Initiative on Trade and Integration. The Department is grateful for the collaboration of the Foundation and in particular to Professor Renato Flores. This paper is based on the conclusion that MERCOSUR suffers from an "institutional deficit". This deficit is associated to lack of credibility on the project, inefficient rules production system, fragile mechanisms that "oblige" country members to the compliance with agreed rules, and to the impacts, of this group of characteristics, over the "degree of effectiveness" of assumed commitments at the subregional level, and the "level of relevancy" of such commitments for the performance of public and private actors from the member countries. Under this view, to institutionalize does not imply the creation of institutions per se, but rather the strengthening of credibility of a rule production and implementation system at the subregional level: this should be the main objective on the institutionalization agenda of the integration process. A MERCOSUR institutionalization agenda is not only part of a minimalist strategy for the perfecting of the process but also constitutes an "informed" vision of the deep integration process. Above any hypothesis this institutionalization agenda must contemplate three priority areas: (i) rule production system: legislation characteristics, a profile of the decision taking structure and the exchange mechanism between domestic policy formulation and the decision-making processes at the subregional level; (ii) secondly, implementation mechanisms of subregional regulations, that is, "obligation" rules of the member states in relation to the fulfillment of assumed commitments within MERCOSUR and (iii) "the focus" of the rules, i.e. their content.
9
Devlin, Robert. The Free Trade Area of the Americas and MERCOSUR-European Union Free Trade Processes: Can They Learn Something from Each Other? Inter-American Development Bank, December 2000. http://dx.doi.org/10.18235/0008679.
Анотація:
The FTAA process itself has already generated important positive externalities for the hemisphere and the multilateral system. It has provided a regular forum in which 34 countries'; trade delegations have gotten to personally know each other better on a first name basis. This increasing personal espirit des corps not only has enhanced the FTAA process, but has also provided a new stage for resolving bilateral trade issues and undertaking new initiatives. Since the baseline for the FTAA is the WTO disciplines, FTAA meetings have been a learning laboratory for many delegations regarding the complex Uruguay Round obligations and other areas not yet contained therein (e.g., Competition Policy and mechanisms for communication with Civil Society). The Preparatory Stage also generated many comparative databases and inventories on trade-related issues among the 34, increasing intergovernmental transparency in trade relations. Moreover, thanks to the release of most of this information to the public, this transparency has been transmitted to private markets as well. Independently of whether an FTAA is actually realized in 2005, it has steady marched forward to date. The success raises the question about whether there are lessons for other ambitious transcontinental, or interregional, trade initiatives. More specifically, are there lessons for the just initiated MEU trade negotiations? Alternatively, are there possible lessons from the MEU approach for the FTAA process? The purpose of this paper is to preliminarily address these questions. There are serious limitations to doing so, however. First, the FTAA process is relatively advanced with more than 5 years of intense work behind it, yet it is still very incomplete and it remains to be seen whether the ultimate objective of a free trade area (FTA) is achieved. Meanwhile, the MEU negotiations have just begun in earnest. Hence, the evaluation of the former is based on an advanced process with incomplete outcomes, while the evaluation of the latter is based on only very initial steps of a process. The economic and political contexts of the two negotiation processes are quite different as well.
10
Lewis, Dustin, and Naz Modirzadeh. Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities: Elements of an Analytical Framework for States Grounded in Respect for International Law. Harvard Law School Program on International Law and Armed Conflict, May 2021. http://dx.doi.org/10.54813/qbot8406.
Анотація:
For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.