Hasil untuk "Law of nations"

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S2 Open Access 2009
Convention on the Rights of Persons with Disabilities

Inter-Parliamentary Union

Recalling its resolution 56/168 of 19 December 2001, by which it decided to establish an Ad Hoc Committee, open to the participation of all Member States and observers to the United Nations, to consider proposals for a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities, based on a holistic approach in the work done in the fields of social development, human rights and non-discrimination and taking into account the recommendations of the Commission on Human Rights and the Commission for Social Development,

4868 sitasi en Medicine, Political Science
DOAJ Open Access 2025
Example of Integration into Global Systems: Establishment of the Organization and Türkiye’s Participation According to UNESCO Archive (1945-1946)

Enes Öz

The founding law of the United Nations Educational, Scientific and Cultural Organization (UNESCO), of which Türkiye was among the founding members, was signed at the conference held in London on November 1-16, 1945. During the establishment meetings of UNESCO, representatives of the states and Ministers of Education took the floor and expressed various opinions on the UNESCO constitution. The list of delegations of the conference included Minister of National Education Hasan Âli Yücel and his delegation, representing Türkiye, and Yücel also served as vice president of the commission. In this context, aim of the study is to address Türkiye’s participation in the establishment of UNESCO and the extent of its contributions in this direction. Based on this statement, the step of Türkiye’s participation in UNESCO, which can be considered as a significant step in the establishment of international systems, has created the importance of the subject. In order to research the subject, open access documents in UNESCO archives were scanned, and in this context, the years 1945 and 1946 were focused on. The process leading to the establishment of UNESCO, the organization’s founding conference, and the relevant minutes and documents were the records that were accessed. Türkiye, which was among the founders of UNESCO during its establishment and the first year of the organization, has had a say in the international arena in terms of education and cultural affairs. Thus, Türkiye has strengthened its position of gaining respect on a global scale and has gained a platform where it can explain itself worldwide.

Political science (General)
DOAJ Open Access 2024
El modelo de reparaciones de la Corte Interamericana de Derechos Humanos, a dos décadas de su surgimiento

Florencia Soledad Ratti Mendaña

En el año 2001 la Corte Interamericana de Derechos Humanos (Corte IDH) dio un giro radical en su jurisprudencia sobre reparaciones a cargo del Estado por violaciones a los derechos humanos. Esto significó la construcción de un nuevo paradigma en torno a un estándar —una fórmula usual— sobre cómo reparar el daño inmaterial, que el tribunal estampó por primera vez en el caso “Niños de la Calle” (Serie C077, 2001), pero que luego repetiría a lo largo de otras cincuenta y tres sentencias. Más de veinte años después de la germinación de aquel nuevo paradigma, una distancia prudencial invita a revisar cuáles fueron los actores que dieron forma a este cambio en la jurisprudencia de la Corte IDH y qué motivos los impulsaron a modificar el status quo. En este trabajo, por un lado, se enumeran las fuentes explícitas que la Corte IDH reconoce al emplear el estándar en cada sentencia. Luego, se evidencia que la aparición del nuevo modelo, hacia el año 2001, halla sus antecedentes en diversos operadores del sistema, cuya injerencia no queda explicitada en el discurso de la Corte.

Law, Law of nations
DOAJ Open Access 2024
CISG Advisory Council Opinion No. 23: Mistake, Fraud, Misrepresentation and Initial Impossibility in CISG Contracts

CISG Advisory Council

The CISG AC started as a private initiative which was founded and supported by Albert H Kritzer Executive Secretary of the Institute of International Commercial Law at Pace University School of Law and the Centre for Commercial Law Studies, Queen Mary, University of London. The International Sales Convention Advisory Council (CISG-AC) is in place to support understanding of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the promotion and assistance in the uniform interpretation of the CISG. At its formative meeting in Paris in June 2001, Prof. Peter Schlechtriem of Freiburg University, Germany, was elected Chair of the CISG-AC for a three-year term. Dr. Loukas A. Mistelis of the Centre for Commercial Law Studies, Queen Mary, University of London, was elected Secretary. The founding members of the CISG-AC were Prof. Emeritus Eric E. Bergsten, Pace University School of Law, Prof. Michael Joachim Bonell, University of Rome La Sapienza, Prof. E. Allan Farnsworth, Columbia University School of Law, Prof. Alejandro M. Garro, Columbia University School of Law, Prof. Sir Roy M. Goode, Oxford, Prof. Sergei N. Lebedev, Maritime Arbitration Commission of the Chamber of Commerce and Industry of the Russian Federation, Prof. Jan Ramberg, University of Stockholm, Faculty of Law, Prof. Peter Schlechtriem, Freiburg University, Prof. Hiroo Sono, Faculty of Law, Hokkaido University, Prof. Claude Witz, Universität des Saarlandes and Strasbourg University. Members of the Council are elected by the Council. At subsequent meetings, the CISG-AC elected as additional members Prof. Pilar Perales Viscasillas, Universidad Carlos III, Madrid; Prof. Ingeborg Schwenzer, University of Basel; Prof. John Y. Gotanda, Villanova University; Prof. Michael G. Bridge, London School of Economics; Prof. Han Shiyuan, Tsinghua University and Prof. Yeşim Atamer, Istanbul Bilgi University, Turkey, Prof. Ulrich G. Schroeter, University of Mannheim, Germany, Prof. Lauro Gama Jnr, Pontifical Catholic University, Justice Johnny Herre, Justice of the Supreme Court of Sweden, Prof. Harry M. Flechtner, University of Pittsburgh, Prof. Sieg Eiselen, Department of Private Law of the University of South Africa, Prof. Edgardo Muñoz López, Universidad Panamericana, Guadalajara, México, and Assoc. Prof. Lisa Spagnolo, Macquarie Law School. Prof. Jan Ramberg served for a three-year term as the second Chair of the CISG-AC. At its 11th meeting in Wuhan, People's Republic of China, Prof. Eric E. Bergsten of Pace University School of Law was elected Chair of the CISG-AC and Prof. Sieg Eiselen of the Department of Private Law of the University of South Africa was elected Secretary. At its 14th meeting in Belgrade, Serbia, Prof. Ingeborg Schwenzer of the University of Basel was elected Chair and at its 24th meeting in Antigua, Guatemala, Prof. Michael G. Bridge of the London School of Economics was elected Chair of the CISG-AC. At its 26th meeting in Asunción, Paraguay, Ass. Prof. Milena Djordjević, University of Belgrade, Serbia, was elected Secretary, and she was re-elected short after the 37th meeting in Rio de Janeiro. Prof. Pilar Perales Viscasillas of the University Carlos III of Madrid was elected Chair of the CISG-AC after the 37th meeting in Rio de Janeiro. The meeting was kindly hosted by Kopaonik School of Natural Law - Slobodan Perović.

Commercial law
DOAJ Open Access 2024
L’État administratif aux États-Unis

Maud Michaut

Qu’implique l’étude d’un droit administratif étranger ? Inscrire une recherche dans le champ disciplinaire du « droit étranger » soulève d’abord la question de la manière dont il convient d’envisager la relation de ce dernier avec celui du « droit comparé ». À bien des égards, la distinction généralement établie semble devoir être nuancée, notamment parce qu’un droit étranger ne peut être compris et présenté que par rapport au droit national. Quant au droit administratif étranger, le constat majoritaire a longtemps été celui d’une certaine indifférence des comparatistes à l’égard du droit administratif, et des administrativistes à l’égard du droit comparé. Pourtant, outre que l’étude d’un droit administratif étranger présente un grand intérêt pour la compréhension du système de gouvernement considéré, elle permet également d’envisager son droit administratif national avec un regard renouvelé et critique.

Public law, History of Law
S2 Open Access 2020
Basic Law: Israel as the Nation State of the Jewish People

Alon Harel

Abstract Basic Law: Israel as the Nation State of the Jewish People declares that Israel is the nation state of the Jewish people. It also includes several symbolic and operative provisions which are designed to strengthen the Jewish character of the state. The Basic Law purports to legally define and entrench the particular rather than universal values of Israel—the values that distinguish Israel from other nations rather than those that are shared by other nations. It anchors the Jewish identity of the state in its formal constitutional structure. My aim in this article is to present the history of the constitutional evolution of Israel and then to describe the conservative reactions to the constitutional liberalization of Israel. Then, I turn to examine the Basic Law, its provisions, and the arguments of advocates and opponents. Last, I evaluate its impact on the Israeli legal system. I shall argue that the Basic Law is part of a systematic attack on democratic liberties in Israel that may eventually transform Israel from a liberal democracy to an authoritarian democracy.

38 sitasi en Political Science
DOAJ Open Access 2021
International Legal Measures to Ensure the Safety of Navigation

S. A. Vasiliev

INTRODUCTION. The development of public relations in the field of international trade transportation presupposes new conditions for their safety. This work represents a failure of an attempt to conduct such a study and a comprehensive understanding of the problems existing in this area, as well as the search for ways to solve them by international legal mechanisms. In parallel, certain organizational and legal measures were proposed, and the problems of certain aspects of merchant shipping were also raised.MATERIALS AND METHODS. For the preparation of this work, the normative legal acts, both domestic and international, were considered, the positions of scientists – representatives of different states. A comparison of legal norms and practice of their application was carried out on the basis of available information materials. Within the framework of this work, methods of analysis, comparative legal method, deduction were also used. On this basis, the modeling of ways of possible optimization of the activities of subjects of international law, specializing in security issues, was carried out.RESEARCH RESULTS. In essence, the content of the article is the main part devoted to the problems of ensuring the safety of maritime transportation, introductory and concluding parts. The latter reflects the main conclusion devoted to the formulation of the question of the possibility of combining the efforts of various actors to ensure the integrated safety of merchant shipping, which can be combined in a single international legal document. At the same time, it is not at all necessary to place special emphasis on mandatory law enforcement and other punitive measures. Economic and reputational mechanisms are quite applicable, stimulating the activities of states to create all the necessary conditions for safe navigation in the relevant waters.DISCUSSION AND CONCLUSIONS. The application of this proposal in practice can potentially have an organizational and legal impact on the policies of various states and individual subjects of commercial activity in terms of ensuring maximum protection of the widest range of subjects of sea trade.

Law of nations, Comparative law. International uniform law
DOAJ Open Access 2021
Quo Vadis Komisi Nasional Disabilitas?

Yeni Rosdianti

Pengesahan Peraturan Presiden Nomor 68 Tahun 2020 tentang Komisi Nasional Disabilitas telah menimbulkan kekhawatiran di kalangan pegiat disabilitas secara nasional. Penempatan Sekretariat Komisi Nasional Disabilitas di bawah Kementerian Sosial ini memunculkan kembali pertentangan tentang konsep disabilitas sebagai urusan sosial terhadap konsep disabilitas sebagai urusan hak asasi manusia. Makalah ini menggunakan tinjauan yuridis normatif yang menerapkan pendekatan deduktif dalam menganalisis data dan peraturan perundang-undangan terkait. Makalah ini menguraikan pendekatan berbasis hak asasi manusia dalam menelaah pembentukan Komisi Nasional Disabilitas sebagaimana diamanatkan Undang-Undang Nomor 8 Tahun 2016 tentang Penyandang Disabilitas. Selain itu, telaah ini juga merujuk pada konsep yang terbaru dan komprehensif dari United Nations Convention of the Rights of Persons with Disabilities (CRPD) serta Prinsip-prinsip Paris (Paris Principles) sebagai ‘soft law’ yang secara khusus berisi ketentuan pembentukan Lembaga Nasional Hak Asasi Manusia. Studi ini menemukan bahwa Peraturan Presiden Nomor 68 Tahun 2020 tentang Komisi Nasional Disabilitas (KND) kurang sejalan dengan tujuan keseluruhan pendekatan disabilitas berbasis hak asasi manusia. Selain itu, makalah ini menyarankan untuk memperkuat KND melalui mandat yang luas yang menetapkan komposisi dan lingkup kompetensinya, dengan mempertimbangkan disabilitas sebagai urusan lintas bidang, bukan hanya urusan sosial semata. Lembaga nasional ini harus memiliki kompetensi untuk memajukan dan melindungi hak asasi manusia.

Political science
DOAJ Open Access 2021
The Impacts of Social Equity on Health

Terry Gerton: Those that are coming behind us have a different level of expectation. They are expecting us to be better and to do better, and they're not going to let us continue the status quo. Welcome to Management Matters, a National Academy of Public Administration podcast where policy meets practice. I'm Terry Gerton, president of the Academy. This month, we're focusing on the issue of social equity. And in this episode, I'll discuss issues surrounding health equity with my guest, Dr. Gail Christopher. Gail is an Academy Fellow, and she's currently the executive director of the National Collaborative for Health Equity and chair of the Trust for America's Health. Gail, thanks so much for joining me today. Dr. Gail Christopher: Oh, it's my pleasure, Terry. Terry Gerton: Well, I know you have spent your career really as a change agent working on issues around health and well-being and diversity. Certainly, we're seeing that our nation is involved in a very serious conversation over the past year about race and social justice. With all that you've seen and all that you've done, do you think we're in a moment for real racial equity and healing? Dr. Christopher: I do. You know, I've been at this for a number of decades, and in my lifetime, I've never seen a moment quite like this. We are definitely at a point where there is a critical mass of understanding and support for real transformation. It's not the levels don't hold as high as they did at the pinnacle during the summer months, but there's still a higher level than ever before of willingness to face the challenges that we have as a country and come up with critical decisions and actions. Of course, that's led to more polarization. And so, we have to be very thoughtful and very careful about how we move forward together as a country. Terry Gerton: Well, I know your experience will help inform that conversation. And so, what I want to do now is kind of dig into those areas of expertise that you have because you've been so focused on reducing health inequities. And COVID really has exposed the results of our national approach to health care because of its extraordinary impacts on people and communities of color. So where should we start in developing public policies that can begin to address really systemic health inequity? Dr. Christopher: That's a good question, Terry. You know, my life I focused on getting us to understand that the bulk of the factors that shape health, that shape the opportunity to be healthy, those factors are within the social domain. The term of art is social determinants of health. It translates into the conditions, in terms of conditions where we live, conditions where we work, conditions where we play, even. Conditions, housing, the air we breathe, the access to transportation, the quality of our lives, that's really what determines health. We, as a country, spend more money on health care, than all of our peer nations. And yet our outcomes are really poor in comparison. There was a wonderful study a few years ago called ?Shorter Lives, Poorer Health,? and it compared how we fare as a country with those nations that are our peers economically, right? And clearly, we have to shift our investments from just focusing on the top. If you had a pyramid and you put?it would be like 20% of what determines health is health care. The other 80% have to do with the conditions in which we live. But we spend, on our trillions of dollars that we spend on health in this country, only 3% goes to public health. Three percent goes to affecting those conditions in which people live. And that's what COVID-19 just pull the covers off and made us see that because we don't invest in a strong social infrastructure, an equitable social infrastructure, we have more chronic disease?the data's been there, it's no surprise. But what COVID showed was the increased vulnerability to the infectious diseases as a result of the lifelong exposure and higher incidence of chronic disease. So, this disproportionate impact on communities of color was the result of both excess exposure because of the service level jobs that are predominantly held by people of color, and then the increased exposure to the virus led to a greater viral load in some cases and more incidence of disease, which then accelerated into increased mortality. We can't deny anymore that our system has to change. Terry Gerton: You know, what you just described is a really complicated web of interrelated policies and programs and incentives, both in the social services space and in the health care space. As you've watched over the last 18 months of COVID response, has the urgency of the issue simplified any of that? Are there places where you see people have figured out how to bust all of those silos and really address those core issues? Dr. Christopher: I'm very proud of this current administration putting equity at the center of its policies. And the COVID relief package that was passed in Congress, really, I think, went to the heart of the matter of the ability to live without fear for eviction, to be able to buy food, to be able to access care, to have some compassion and empathy and sympathy for the crises that we all struggled through that had a disproportionate effect. This administration really embraced all of that, stood in a leadership position, and continues to do so with what I consider all the hallmarks for effective leadership of a democracy, which is pragmatic, empathetic, and compassionate responses to the immediate identified needs. And I'm just very optimistic that you have the wisdom of?you know, some people in the younger groups felt like this incoming administration, our president perhaps was too old, and I think that his experience brought him the wisdom. His experience and his own life crises brought him the capacity to care deeply and to demonstrate that care in ways that resulted in policies that responded. And those policies are, in many ways, the blueprint for the ongoing policies that we will need. We cut child poverty by more than a third, almost in half, but it's a temporary fix. But that should become a permanent fix, because we want children to grow up in environments and within communities where neither them or their parents are experiencing adversity. The data is very clear that childhood adversity leads to more vulnerability to chronic disease later in life. So, addressing the needs of families who have young children, that puts us on par with our peer nations. This is one of those social investments that we had failed to make. But while we're on the subject, I'm going to recommend a book for folks to read that really sort of talks about this. The book is entitled, The Sum of Us, What Racism Costs All of Us and How We Can Prosper Together. Now, in full disclosure my daughter is the author of that book. And even if she were not my daughter though, I would recommend the book. It's a New York Times bestseller and it speaks to the fact that we have to be generous. We have to understand that in a democracy, it's the people that make us viable. And so, we have to be willing to invest in our populations, in our people, so that we maintain our viability not just as a democracy, but also our economic viability. Terry Gerton: Well, so many of those responses that you just articulated were initiated as emergency responses, and we're already seeing some places and function sort of pull back on some of those investments. How does the nation sustain that investment strategy to really institutionalize fundamental change that you're talking about? Dr. Christopher: You know, I think you just zeroed in on perhaps one of the most important considerations?what does it take to be a leader of a democracy? These decisions to pull back, to cut unemployment benefits, to make these types of decisions, you have leaders of governments and various states making those decisions. And ultimately, how we, as a nation, maintain an infrastructure that is conducive to human development and reduces vulnerability to disease, ultimately, it boils back to who's in charge, who has the power to make the decisions, and do they reflect the sensitivity and the understanding of our needs. I mean, a democracy is a wonderful idea. And that's why these efforts to suppress voting are really scary because the ultimate manifestation, I believe, of our democratic citizenship is our right to vote. People have died to give us that right to vote. Fraud is negligible in terms of the actual incidences of and numbers of. So clearly, these efforts to suppress the vote will interfere with putting leaders in place who are willing to take responsibility, not just for some people, but for the entire population. Terry Gerton: As we continue the conversation about these systemic issues in your new and your current role as the executive director of the National Collaborative for Health Equity, what are the biggest challenges ahead? What are you looking at as we come out of the COVID pandemic that the nation really needs to address? Dr. Christopher: You know, I think the biggest challenge we face right now is our collective narrative. I think we're in an age of disinformation that is causing us to become more fractured and fractionalized and factionalized as a nation. We can't come out of this hole unless we are whole. And so, we have a challenge to look at this runaway train of social media?this era of artificial intelligence, this era of information overload, disinformation overload. We really do have to find a way to get a handle on what people are hearing, and seeing, and reading, and understanding, so that the messages are helping to foster unity as a country and not division. I don't think we can underestimate the significance of that. In my role as the executive director of the National Collaborative, I understand that the policy decisions that will provide a more equitable playing field to create the conditions for more equitable access to opportunity for health, all of that?all of those, unfortunately, are our public administrative and political decisions. And so being able to have an informed constituency, being able to have people make decisions that demonstrate their own power and their own agency in a realistic and positive way. So, I think one of the biggest challenges we face as a country is bringing these leaders who have benefited so much from this crisis, these artificial intelligence, barons, if you will, bringing them to the table to design appropriate measures for influencing our democracy in a positive way. The other critical challenge that we face is bringing mental health into the center of the conversation. All of us have been affected by this period of unprecedented isolation and separation. It has affected us, not just mentally but physically, in ways that we don't know. Right? And so, bringing that into the forefront of our conversations, we do have a surgeon general now who's written a wonderful book. It's entitled Together, and it talks about how important our social connections are to our well-being. And so, I think this is something we need to lift up in ways that we might not have before. Terry Gerton: You know, I think the comments that you're making about our narrative that the greatest threat to our health is bad information, that mental health is so key to this, are not part of the normal health care narrative. And so, the Biden administration has proposed a significant increase in the public health budget, and a lot of the recovery programs are focused there. But that system has been under incredible strain over the last 18 months. What do we need to do to make sure that public health services consider and address the issues that you're raising and can help us deal with these inequities? Dr. Christopher: The Robert Wood Johnson Foundation issued a survey result of a poll recently and it revealed how the trust in public health has eroded and how much public health, local public health workers, have been under attack. We've even seen a hollowing out, if you will, of the public health workforce as a result of the politicization of basic human needs and human health needs. So this is a critical time for the public health world. I think we have to step into the chasm as it were. We have to, as public health leaders, we have to be very out front. We have to get people to understand that public health is the backbone of our country. You don't hear about public health when it works. You don't hear about it when we don't have pandemics. You don't hear about it when we have clean water, and healthy air, and safe housing. That's when public health is working, and it gets ignored. And so, again, back to that 3% investment over the decades in public health, we have to change that paradigm. We have to make sure that the nation understands that it is a viable public health system that assures us that we all have the opportunity to be healthy. Yes, we need a viable medical system, but more so, we need the public health infrastructure in place to work. And I hope that every crisis presents an opportunity for growth. I hope that the public health leadership steps into this opportunity. Terry Gerton: We'll see, but it is certainly a national need. And you've been involved in this conversation both from the health care space particularly, but also when you were at the Kellogg Foundation, you were the architect of the effort that they led on ?Truth, Racial Healing and Transformation? for America. So, tell us a little bit about that program and what prompted the Kellogg Foundation to initiate it? Dr. Christopher: Well, I will say that the ?Truth, Racial Healing and Transformation,? TRHT, is an adaptation of the globally known and recognized truth and reconciliation process. There was so many?they used the term extrajudicial killings by law enforcement of so many men and boys and women of color, but from my early years at the foundation, I led a precursor to that, which was called ?America Healing.? And Terry, I've always seen the intersection between social dislocation, and social inequities, and health inequities. So, when the foundation was committed to being an effective anti-racist organization, and I was vice president for health, it was clear to me that we needed to design a program that brought that together. Over a five-year period, we invested hundreds of millions of dollars to help local communities that were dealing with the issues of racism by bringing communities together, by building bridges. And that was the precursor. We learned lots of lessons. So, as I was approaching retirement, I asked the president and she asked the board if we could, as a foundation, design a truth and reconciliation effort for this country. And that was my last leadership project before retiring from the Kellogg Foundation?to design and implement ?Truth, Racial Healing and Transformation.? Now, we say ?Truth, Racial Healing, and Transformation,? and not ?Truth and Reconciliation,? because we want to be clear that America was conceived and built on the fallacy of a hierarchy of human values. So, it's not about us coming back together, it's about us healing from the harm of that fallacy and transforming our systems that were designed to be inequitable, transforming them into systems that are redesigned now to foster equity, and to do so in a way that connects us and honors our interdependence and our interconnection as a human family. And that's what sets ?Truth, Racial Healing and Transformation,? apart from many of the other efforts. Most of the transitional governance efforts or transitional justice efforts have been after a country's been at war, or there's been atrocious leadership by an authoritarian figure and the country is really struggling. We're the only, sort of, mature or seasoned democracy that has centuries, if you will, of this type of division and have never addressed it. And so, in the ways that we have failed to address it in this country?although there are problems all over Europe?but the scale and scope of the problem here, it demands that we be honest about A, our diversity. We have multiple groups in this country and that's another factor. We're looking at entrenched policies and practices, that's another factor. And we also have to recognize that we built ourselves. This country was built on the exploitation and the dehumanization of people based on their physical characteristics. So all of that is built into the framework for TRHT. I'll quickly say, there are five components to the work, to the strategy. One is narrative change; we've got to tell a different story. We've got to be honest. The other is the actual work of healing in communities, bringing diverse people together. I've developed a methodology and approach to that that is informed by what the science tells us about compassion and empathy, and what the neuroscience tells us about creating safe spaces that do not traumatize and create adverse reactions. So, the actual bridgebuilding and healing has to be done. And then we have to address the systemic ways in which racism has been entrenched, and we have three primary pillars of that. One is separation. All kinds of separation, from separating families to separating in terms of residential segregation, transportation, to separation as a primary tool of racial oppression. And then our legal system has been designed to reinforce racial hierarchy, and ultimately, our economy was built on racial hierarchy. So, we have those five pillars of ?Truth, Racial Healing and Transformation.? And the good news is, communities are working with this framework across America, doing the work at a grassroots level, and that's very encouraging. Terry Gerton: Well, I know that Congresswoman Barbara Lee has introduced a national referendum that urges the establishment of a United States commission on ?Truth Racial Healing and Transformation.? So, given the progress that you're seeing and this recognition of the effort at the congressional level, what do you think is next for this initiative? Dr. Christopher: You know, I'm so excited that it will continue to grow and expand at the local level. I believe that eventually, we will have a national effort, and Congresswoman Lee is brilliant. She uses the metaphor of the pandemic response, right? She says that we had lots of things happening locally but until we had a national coordinated effort, we definitely were not going to achieve victory. And she thinks that's true for the efforts in terms of racism. It's wonderful that we have so much going on locally, on college campuses across this country right now. The Association of American Colleges and Universities has at least 26 campuses. We think by the end of the summer, there will be more than 50. And then we have several other local jurisdictions. But as an impact in the pandemic response, we need national coordination, and even more so than we did for the pandemic because we're talking about addressing centuries of pathology, if you will. And so, a national coordinated effort is going to be absolutely required. This administration has a lot on its plate right now but I'm hoping that at some point, when things calm down, that the administration will take the lead in establishing a national coordinated effort at ?Truth, Racial Healing, and Transformation.? Terry Gerton: Well as we just mentioned, you started this effort while you were at the Kellogg Foundation, and you've probably spent most of your career in the nonprofit sector. What is the role of philanthropy?even if we were to get to a point of a national effort here, what is the role of philanthropy in helping to reduce these kinds of inequities in communications and/or in communities, really, and across the country? Dr. Christopher: Well, my experience from inside the philanthropic sector is that foundations have the flexibility. They have the flexibility to be catalysts, if you will, for innovation and change. Philanthropy is still committed to ?Truth, Racial Healing and Transformation.? Both the Kellogg Foundation and at least 65 or 70 other foundations around the country, mostly local, will still continue to support local efforts. But if we took all the money in all the philanthropy in America, it would be a drop in the ocean as compared to the federal budget and to the federal government. And so, I think the idea of each entity or sector playing its appropriate role, often at the local level for philanthropy, is a catalyst. But, you know, we need to engage public dollars to bring about sustained investment and sustained effort. So, I think it's a combination of both, but I'm really proud of the philanthropic sector because we wouldn't have this moment of racial reckoning if philanthropy had not stepped up. I remember at the Kellogg Foundation, we funded ?Black Lives Matter? in its very early stages before it was a recognized Nobel-Prize-winning movement. And we have funded so many of the groups, ?The Color of Change? and other groups that have?the civil rights organizations, we had a strategy where we gave operational support to all the civil rights organizations during the last post, the last recession. So, philanthropy has a critical role to play, but it, in and of itself, is catalytic, you need the public sector to be right there as a partner for sustained investment. Terry Gerton: And how do those two sides work best in partnership? How do public administrators and philanthropy first come together to make that kind of institutional change that you're talking about? Dr. Christopher: I really love that question. You know, the design of TRHT is a local coalition effort. And I can give you one example, for instance, from Illinois. We worked with a local foundation, and they became the hub of the local TRHT effort in Chicago. And as it turned out, the woman who led that foundation was picked by the incoming administration in the state of Illinois to lead health and human services. And one of her efforts was to put out a major RFP in the state of Illinois, to promote racial healing across the state. So ultimately, as you know too well, these things are about relationships. They're about people. They're about people understanding where the opportunity is. Now, they had a relatively modest budget for the local TRHT efforts. They usually have one employee, and they tend to do a lot of networking and building of coalitions strength. But then when a state government issues a major RFP and can put millions behind that, but they are still catalyzing and building on the local efforts. So, I would say the formula is communication and relationship between the sectors. So, the local councils, the philanthropy, the local philanthropic leaders, talking with the leaders of the appropriate agencies in the public sector and figuring out the mechanics of cooperative agreements, of investments, it's one relationship at a time, though, but it's through communication, it's through understanding. We have all these stereotypes. You've got these anti-government folks, right? And then you've got these anti-philanthropic folks. And we just have to realize that those are biases, those are stereotypes. Ultimately, we're all just people trying to make life better, and we have to come together. Terry Gerton: Sounds like it's a lot about getting the right people at the table to have that comprehensive conversation about how to move forward. Dr. Christopher: It is. And have the common intention. The work of racial healing is about learning how to see in the face of the other, learning how to recognize our interconnectedness and our interdependence as human beings, and letting go of these false taxonomies that divide us. And that is the work of the 21st century. It's time for us to grow up as a human species and realize how much we need one another. This is the opportunity that this moment of reckoning presents for us. I think it's a moment of human development. Terry Gerton: Well, you mentioned at the top and you just come back to this unique moment in the national conversation. I know you articulated that we can all increase our individual and collective capacity for empathy and compassion. And you talk about this collective caring at the core of racial healing. As we wrap up, tell us what you see, and it gives you hope. Dr. Christopher: I think this generation is their willingness to protest, their willingness to demand an end to injustice, I think that is a beautiful sign that those that are coming behind us have a different level of expectation. They are expecting us to be better and to do better, and they are not going to let us continue the status quo. So that gives me a great deal of hope. Again, the other thing that gives me tremendous hope is the authentic and actual outcome of this past election. We had more voters than we've ever had in the history of our country. People put their lives at risk to vote and to make sure that there was a message for America and from America that said that we're better than this, that we can care about each other, we can grieve the people that are dying, and we can come out of this pandemic a better nation. And so, all of that gives me hope. I happen to be blessed with a grandchild, and I think that is one of life's sweetest gifts. And every time I look at him, I have to have hope for him and for all the children in our country. Terry Gerton: Oh, Gail, I want to just thank you for your lifelong commitment to this issue of equity?an equity in outcomes, and equity in all of our systems and processes, and your continued work in this space. And thanks for spending time with us on the podcast today. Dr. Christopher: Well, thank you for inviting me and you know, I'm a fan member and supporter of the National Academy of Public Administration, so I was honored to be part of this podcast. Thank you very much, dear. Terry Gerton: Thanks, Gail. For our listeners, check back every Monday for a new podcast from the Academy. We'll be talking to Academy Fellows each week about the challenges facing public administrators at every level of government as we try to make government work and work for all. Thanks for listening.

Public aspects of medicine
DOAJ Open Access 2020
Public administration’s challenges in order to guarantee the fundamental right of personal data protection in the post-COVID-19 era

José Luis Dominguez Alvarez

The irruption of COVID-19 has led to a multitude of deep-seated transformations, which go beyond the purely sanitary sphere, leading to major socio-economic changes, among which the evolution of traditional forms of administrative intervention or the empowerment and/or acceleration of the advances derived from the digital (re)volution stand out for their extraordinary importance. Thereby, in recent months we have witnessed the implementation of numerous initiatives aimed to alleviate the harmful effects of the pandemic by developing technological tools based on processing categories of specially protected personal data, such as health data, which raises important questions from the perspective of privacy and digital rights. The aim of this study is to carry out a detailed analysis of some essential elements, necessary to achieve the difficult balance between the promotion of technological instruments that contribute to control the effects of COVID-19 increasing the resources available to health authorities, and safeguarding the fundamental right of personal data protection.

Law of nations, Law in general. Comparative and uniform law. Jurisprudence
DOAJ Open Access 2019
International Law and its Influence on Diplomacy in the Late Nineteenth Century Japan

Takeharu Ōkubo

In 1853 United States warships led by Commodore Matthew Perry (1794-1858) came to Japan to negotiate a commercial treaty. This event had suddenly thrust late-nineteenth-century Japan into a web of relations with the Western nations, and as a result, European international law was a topic of particularly urgent concern including some normative philosophical questions: What is Civilization? What are the rules in international relations? What are the differences with the existing order in East Asia?

Social sciences and state - Asia (Asian studies only), Social sciences (General)
DOAJ Open Access 2018
Servicio público como política en materia de derechos fundamentales: implicancias

Miguel Angel Arrúa Gobo

Una de las construcciones jurídicas que ha tenido mayor evolución, divergencias conceptuales y de contenido, ha sido y es la del Servicio Público, principalmente por su particular inclusión en las teorías sobre el Estado pero también por su alcance como herramienta de garantía de los derechos humanos, dada la evolución operada por el Derecho Administrativo y la generación de espacios de convergencia normativa que exigen respuestas distintas de las ensayadas en el siglo pasado. En este artículo se abordará someramente la transformación de la noción de Servicio Público desde la óptica de los derechos fundamentales, su inclusión en tipologías elaboradas por la doctrina y las implicancias de una esquematización que, al influjo de los desarrollos convencionales que forman parte del bloque de juridicidad existente y la interpretación doctrinaria, decante en una propuesta relacionada íntimamente con la aplicación –en este campo- del principio de actuación conjunta como técnica de garantía de las prerrogativas comprometidas en la figura analizada, encontrándose aquí un terreno fértil para el desarrollo de tal precepto.

Law of nations, Law in general. Comparative and uniform law. Jurisprudence
DOAJ Open Access 2014
Law Studies

G. P. Tolstopiatenko

At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972, 1981, 1987. In 1994 the International Law Department together with the Diplomatic Academy of the Russian Ministry of Foreign Affairs prepared new textbook, reflecting the development of international law in the 1960-1990s. In 2000 "International Law" textbook appeared, which was prepared exceptionally by the Department of International Law at MGIMO. In 2005 "European international law" textbook was published. It became the first textbook in Russian Law studies dedicated to the international legal aspects of interstate cooperation in Europe. Quarterly magazine "Moscow Journal of International Law" has made significant contribution to the development of the MGIMO international law school. Y.M. Kolosov, who is the Honored Scientist of Russia and professor of international law, was the founder of the magazine. He has been its editor in chief up to present.

International relations
DOAJ Open Access 2013
Current Problems of International Responsibility and Liability in the Domain of Space Activities (Summary)

G. P. Zhukov, O. A. Volynskaya

Modern space activities are undergoing intensive commercialization. The widening of the private space sector, creation and implementation of advanced technologies in the space industry are stimulating competition growth in the world space market. Profit becomes the main purpose of the exploration and use of outer space.At the same time the dynamic development of private space activities, which leads to activation of commercial space launching and enlargement of non-governmental orbital satellite constellations, elevates the threat of dangerous approximation of spacecraft and even accidents in orbit thus posing a real danger not only to space equipment, but in the first place to lives and health of people – both in outer space and on the Earth.In the above circumstances the issue of sufficiency and effectiveness of International Space Law to ensure stability, safety and security of space operations, and first of all – of its international responsibility and liability mechanism as a cornerstone of International Space Law and an incentive for the enhancement of national space legislations, comes to the fore.

Law of nations, Comparative law. International uniform law

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