The conjuncture of our present time, as Stuart Hall would argue, calls for a critical scrutiny of socio-political forces that aim to destabilize epistemologies and praxis of inclusion, diversity and equity. Such forces use education as a strategic site to perpetuate far-right ideologies and the idea of superiority of white, Western, middle-class nation-states. This article explores more recent manifestations of fortress Europe through the co-optation of inclusive education for migrant and refugee students in Italy and Tunisia. As critical scholars from opposite sides of the Mediterranean, we draw on anti-Blackness to engage in an analysis of the use of education policies to reproduce white supremacy in Italian society, while investing in humanitarian education in Tunisia to contain the movement of African migrants towards Europe. Lastly, the article intends to center the voices of Afro-descendant activists, who have increasingly gained a platform to speak back against such policies, and advocate for a more equitable society, with a more inclusive citizenship law.
This article explores the essential role of universal jurisdiction in enforcing state responsibilities under the ‘aut dedere aut judicare’ mandate, which requires the integration of international crimes into national laws. It posits that universal jurisdiction is a fundamental requirement, not merely an option, for states to effectively meet their international obligations. This necessity extends beyond criminalizing international offences, providing the jurisdictional foundation for international criminal cooperation. The paper examines how universal jurisdiction reflects states’ prescriptive jurisdiction, enabling adjudicative jurisdiction in accordance with due process principles. By emphasizing the critical role of universal jurisdiction in domestic law, the article illustrates how it aids states in adhering to their ‘aut dedere aut judicare’ obligations. This adherence is crucial for national criminalization of international crimes and facilitating effective cross-border legal cooperation, reinforcing justice, accountability, and the rule of law globally. Ultimately, incorporating universal jurisdiction into domestic legislation is vital for states to uphold international legal standards and due process, for operationalizing international cooperation in adjudicating international crimes, and fulfilling state responsibilities in line with the general theory of legal process.
Law of Europe, Comparative law. International uniform law
W rozmowie z Maciejem Jońcą prof. Jerzy Zajadło opowiada o początkach swojej kariery naukowej, pierwszym spotkaniu z prawem rzymskim i późniejszej fascynacji prawem naturalnym. Rozmówcy dyskutują również o wartości tłumaczeń w polskim dyskursie akademickim oraz potrzebie nieustannego poszerzania granic nauki. Ostatecznie obaj dochodzą do tego samego wniosku: tylko podejście interdyscyplinarne zapewnia wystarczająco szeroką perspektywę, która pozwala nam powiedzieć coś nowego o prawie w postmodernistycznym świecie.
History (General) and history of Europe, History of Law
In this article, I will explore how the underlying research values of ‘openness’ and ‘mutual responsiveness’, which are central to open science practices, can be integrated into a new ethos of science. Firstly, I will revisit Robert Merton's early contribution to this issue, examining whether the ethos of science should be understood as a set of norms for scientists to practice ‘good’ science or as a set of research values as a functional requirement of the scientific system to produce knowledge, irrespective of individual adherence to these norms. Secondly, I will analyse the recent codification of scientific practice in terms of ‘scientific integrity’, a framework that Merton did not pursue. Based on this analysis, and illustrated on the case of COVID-19 as a case in which the institution of science was challenged to deliver urgently on societal desirable outcomes, I will argue that promoting open science and its core norms of collaboration and openness requires broader governance of the institution of science in its relationship with society at large, rather than relying solely on self-governance within the scientific community through a new ethos of science. This conclusion has implications for re-evaluating research assessments, suggesting that the evaluation of the scientific system should take precedence over evaluating individual researchers, and that incentives should be provided to encourage specific research behaviour rather than solely focusing on individual research outputs.
1. IntroductionIn recent years, there has been a growing trend in the “North and South” dialectics in all fields. International law is no exception to this rule. Recently, in international law studies, in particular, in philosophical discourses and historical development research regarding the origin and the basis of international law obligations, efforts have been made by new scholars to spread the Eastern approach to international law. As these thoughts normally emerge from the less developed and colonial countries, it is called the “Third-World Approach to International Law (TWAIL)”. This approach is rooted in the critical legal studies movement in international law. By taking the Asian perspective into account and also, the evolution of the history of Asian civilizations, this approach attempts to address the inauspicious phenomenon of colonialism in undeveloped or less developed countries, and thereby, decenter Europe as the origin of international law.From 1996 to 2020, we have been facing a significant increase in studies related to this third-world approach to international law, which depicts the possible emergence of a renaissance period in this field of study. Although its initial consistent rise happened between 1998 and 2012, the volume of scientific content production in this approach gradually increased. In fact, this approach points us to a re-examination of the historical evolution of international law. As mentioned, the researchers and experts of this approach are actively present in the world of international law and this approach will undoubtedly impact their opinions and activities. MethodologyFurthermore, the third-world approaches to international law have rooted in different areas, but naturally, they have become more prominent in some categories of international law, in terms of studying the methodology and the historical background of international law that were mentioned earlier.The third-world approach functions in two ways: first, it challenges the radicalized power and the hierarchy of international institutions and norms, and second, it examines the past and the present foundations of colonies and imperial structures of international law. Many of the insights created by the critical approach have been important and useful for the supporters of the third-world approach to international law. So, this approach will analyze the current issues of international law and human rights in a critical discourse. Although there is a fear of division and conflict in such approaches, they create more awareness and increase the debate between different nations on the subject which leads to the universality of international law. It is worth mentioning that Marty Koskenniemi and David Kennedy are among the most famous experts in this field of study and have written many articles about this approach. ConclusionIn conclusion, it seems that the critical and bold approach to international law through the lens of the so-called third-world countries analyzes the deep-rooted inequalities in the international community. The synergy between the critical approach and the third-world approach has expanded the content of international law norms and has created new discourses in international law. Based on the writings of the experts with the third-world approach to international law, it seems that in the past and especially in recent centuries, through the flawed phenomenon of exploitation and colonialism (both in its traditional and modern forms), the powerful countries of the world have seriously damaged the trust of other countries regarding international decisions and regulations concerning third-world countries and especially Asian countries. Thus, actions should be taken to rebuild that trust. It is possible to change the view of third-world countries to powerful countries in international relations. But the emergence of other powerful governments and Asian actors, especially those countries that have a significant impact on the international economy and, as a result, are noticeably influential on politics and international relations, can lead to a redefinition of many concepts in the modern world.Finally, it seems that, regarding the true goals and ideals of international law, the presence of “North and South” views in all areas related to international law have led to different political sides and the current international order. challenges exist at all levels, but the examination and analysis of such multi-dimensional approaches will lead to the expansion of the discourse and exchange of opinions between different nations and will raise awareness and respect for different cultural systems among them, which finally, contributes to the universality of international law.
Tribal Constitutions, Citing Slavery, andPetitioning for Freedom are digital legal history projects focused onexpressions of sovereignty within tribal constitutions, the remnants of slaveryin modern law, and the underexamined role of habeas petitioners in challengingcoercion and confinement in the long-nineteenth-century United States. Eachproject deploys legal databases differently, but with the shared goal ofcontributing key insights to legal historical scholarship and offeringinterfaces that appeal to a broad, public audience.
Schreinmoser, C. R. (2023). OANTA, G.A. and SÁNCHEZ RAMOS, B. (eds.), Irregular Migrations in Europe: A Perspective from the Sea Basins, Editoriale Scientifica, Naples, 2022, 362 pages. PEACE & SECURITY-PAIX ET SÉCURITÉ INTERNATIONALES (EuroMediterranean Journal of International Law and International Relations), (11). Recuperado a partir de https://revistas.uca.es/index.php/paetsei/article/view/10329
Law in general. Comparative and uniform law. Jurisprudence, International relations
Todo avanzo efectivo no proceso de normalización dunha lingua nacional submetida ao dominio da oficial estatal vai estar sempre acompañado-combatido por un arsenal semántico-terminolóxico que visa destruílo ou neutralizalo. A estratexia da imposición das linguas consideradas indiscutíbeis nas súas prerrogativas dotarase de tácticas diversas, adaptadas ao momento histórico e á súa maior eficacia divulgativa. Nesta operación da neoimposición das linguas estatais, utilízanse conceitos ou expresións que non se compadecen coa orixe histórica nen coa realidade sociolingüística. Interesa, pois, analisar a utilización xurídico-política —e a súa derivada mediática— de nocións como lingua común, conflito lingüístico, inmersión, plurilingüísmo ou normalización. Referímonos, en concreto, ao marco español, e ás linguas nacionais que del dependen: galego, éuscaro, catalán. A cuestión das linguas —o seu uso xeral, os seus dereitos, a súa existencia, en definitiva— está intimamente unida ao recoñecemento ou non dos povos, das sociedades a que pertencen. É, pois, unha cuestión esencialmente política, en que está en xogo a admisión ou non —en igualdade democrática e horizontal— de nacións que non posúen institucións estatais ao seu servizo. Na fase actual de capitalismo globalizado, dereitos democráticos teoricamente proclamados fican en entredito pola imposición de facto das linguas que contan de vello cunha maquinaria potente de implantación e consolidación social e pública. A título de exemplo significativo, sinalamos o incumprimento da Carta Europea das Linguas Rexionais ou Minoritarias, recoñecida como paralexislación polo Estado español en 2001 ou da Declaración Universal dos Dereitos Lingüísticos, aprobada por unanimidade polo Congreso de Deputados español e polos Parlamentos galego, basco e catalán en 1996.
Recibido: 07 marzo 2022
Aceptado: 09 mayo 2022
The purpose of this article is to assess whether the withdrawal of the United Kingdom (UK) from the European Union (EU) may entail the revival of the early bilateral agreements between the UK and EU member states. The main claim is that the earlier bilateral agreements may be reinstated pursuant to international law, but the revival is substantially narrowed due to the limitations arising from EU law and the new EU – UK legal framework. This is based on the argument that the earlier bilateral agreements were not terminated or suspended in operation, and remain in force with limited application. After providing the outline of the new legal relations between the EU and the UK, the article analyses the framework provided for subsequent agreements in the Vienna Convention on the Law of Treaties and the case-law of international tribunals. The current analysis draws implications for a revival from EU Treaties and the case-law of the Court of Justice of the EU. Finally, general considerations are provided as applied to agreements in the two specific fields reviewed, namely aviation and coordination of social security.
The article analyzes the experience of Hanoi's leadership of the national liberation struggle in the South of Vietnam in the 1960s and 70s, and then the liberation of Cambodia from the criminal Pol Pot regime in the context of the absence of a “second front” during the implementation of Russia's special operation in Ukraine in 2022. The author takes the reader back to 1950–1965s, when, as a result of the neo-colonialist policy of the United States, the implementation of the Geneva agreements on Vietnam was disrupted and there was a real threat of perpetuating the division of the country into two hostile parts. Under these conditions, a bold decision was made in Hanoi to deploy a full-scale guerrilla struggle in the South, to create the National Liberation Front (NLF) and the People's Liberation Armed Forces (PLAF), led from Hanoi and relying on military, economic and political assistance from the North. The article shows how victoriously the war of Resistance developed, which ended on April 30, 1975 with the liberation of Saigon, the reunification of the forcibly divided country and the proclamation of the Socialist Republic of Vietnam (SRV). According to the author, as the experience of Vietnam shows, in order to successfully complete the special operation in Ukraine, it is necessary, as military successes are achieved, to focus efforts on the timely implementation of purely political tasks – the creation of a new military-political administration in the liberated regions and skillful propaganda work.
South Asia. Southeast Asia. East Asia, Bibliography. Library science. Information resources
The diversity of family structures and the quality of social relationships are closely tied to one another. Individual characteristics such as parenting, grandparenting, partnership, cohabitation, living apart together, living solo and other contextual factors (for instance intergenerational help and care) shape partnership histories related to health dynamics; these histories vary greatly depending on gender and country. Over the last 20 years, researchers have considered the Northern Europe as a region of weak family ties and the Southern Europe as a region of strong family ties. This study interprets the household size as an age-related factor and focuses on two empirical questions: (1) Are there gender differences related to health patterns, and how do they change over time? (2) What kind of country-specific differences in the household size dynamics can be observed among West European men and women in the second part of life?
The study uses descriptive elements of sequence analysis and regression analysis based on the panel data from seven waves of the SHARE project (Survey of Health, Ageing and Retirement in Europe) collected between 2004 and 2017. The study shows that there are gender differences in the life-course transition to a single-person household. This type of household become more common with time and with individual’s increasing age. The statistical patterns can be helpful in identifying those life stages that are crucial to stabilization of functional health within the context of demographic change.
Ethics statement. The SHARE project has been running since 2002. It was originally established at the Mannheim Research Institute for the Economics of Aging (MEA) of the University of Mannheim. Since 2011, it is being operated under the umbrella of the Max Planck Society at the Max Planck Institute for Social Law and Social Policy and is centrally coordinated by the Munich Center for the Economics of Aging. The SHARE study was subject to several ethics reviews: The Ethics Committee of the University of Mannheim, Ethics Council of the Max Planck Society and by national ethics committees. This study was conducted in full accordance with the World Medical Association (WMA) (Declaration of Helsinki, last revised at the 64th WMA Meeting held in Fortaleza, Brazil in October 2013). Written consents from all participants involved in this study were obtained.
The growing use of facial recognition technologies has put them under the regulatory spotlight all around the world. The EU considers to regulate facial regulation technologies as a part of initiative of creating ethical and legal framework for trustworthy artificial intelligence. These technologies are attracting attention of the EU data protection authorities, e.g. in Sweden and the UK. In May, San Francisco was the first city in the US to ban police and other government agencies from using facial recognition technology, soon followed by other US cities. The paper aims to analyze the impact of facial recognition technology on the fundamental rights and values as well as the development of its regulation in Europe and the US. The paper will reveal how these technologies may significantly undermine fundamental rights, in particular the right to privacy, and may lead to prejudice and discrimination. Moreover, alongside the risks to fundamental rights a wider impact of these surveillance technologies on democracy and the rule of law needs to be assessed. Although the existing laws, in particular the EU General Data Protection Regulation already imposes significant requirements, there is a need for further guidance and clear regulatory framework to ensure trustworthy use of facial recognition technology.
This article examines the EU’s Corporate Sustainability Due Diligence Directive (Directive) and its proposed amendment, especially from a Third World view. It establishes that, practically, the Directive has a limited value for Africans because it cannot stop corporate human rights abuses and economic exploitation in Africa. In contrast, the Directive entrenches neocolonial norms in the Business and Human Rights (BHR) field. This article also argues that it is futile for Third World Peoples to look to international law, given its capitalist history and the growing EU dominance in the BHR treaty discussions. Instead of looking to Europe or international law to save Africans from corporate abuses and economic exploitation, African states must look inward to create subsidiary norms that challenge and resist neocolonialism in the BHR field. To achieve this, it discusses the normative agency of the African Union in leading an Africanization agenda.