Liina Sofía Velasco Roa, Candy Tatiana Aldana Pacagui
El presente texto tiene la finalidad de hacer una reseña de la película “Promising Young Woman”, dirigida por Emerald Fennell, acompañada de un análisis crítico acerca de la perpetuación de violencia ejercida tanto por el derecho penal como por la sociedad a las víctimas de delitos sexuales. Se examina cómo se perpetúa la impunidad, se deslegitima a las víctimas y se privilegia la percepción masculina.
This paper analyzes the non-recognition of Kosovo's statehood by a group of key states, including five European Union members (Spain, Greece, Romania, Cyprus, and Slovakia) and two permanent members of the United Nations Security Council with veto power, China and Russia. The focus is on the interaction between legal factors and political considerations in formulating these positions. The use of recognition theories in international law, as well as an examination of literature and official documents, helps clarify the fragmented context of Kosovo’s international subjectivity. Non-recognition directly affects Kosovo's ability to integrate into international organizations and exercise multilateral diplomacy. The ongoing non-recognition of Kosovo remains a reflection of tensions between law and politics in the international system. In this context, the study suggests that Kosovo's international subjectivity could be built through approaches sensitive to the context, shifting the focus from diplomatic confrontation to the creation of stable relations with non-recognizing states.
This study will address the issue of small states that have gained significant international importance, especially in the latter half of the past century and up to the present time. This importance is due to various political events that have had repercussions on the division of states, leading to the emergence of small states, known as "Microstates," under the guardianship of international law and organizations, primarily the United Nations.
Microstates in the African continent can be classified based on their geographical location as landlocked, coastal, or island nations. This unique geographical diversity gives these small states distinct characteristics in terms of their size and resources. Small states in the world vary in terms of size and territory, and many geographers have studied the geographic aspects of small states, categorizing them into several classifications.
One such classification, introduced by the researcher "Paunds," divides small states into three categories: small, very small, and microstates/dwarf states.
Muath Mohammed Alashqar, Asmar Abdul Rahim, Ahmad Shamsul Abd Aziz
From the end of the year 2008 to 2021, Israel committed four wars in the Gaza Strip. These wars were known as Operation Cast Lead in
2009, Operation Pillar of Cloud in 2012, Operation Protective Edge in 2014, and Operation Guardian of the Walls in 2021. The destructive impacts on vital facilities in Gaza, including schools, universities, mosques, hospitals, and United Nations Relief centers, as well as the killings of thousands of innocent civilians by Israeli forces, are visible evidence of a serious violation of the principle of distinction, a basic principle provided under the international humanitarian law conferring protection upon the civilians during armed conflicts. The accession of Palestine to the Rome Statute of the International Criminal Court on crimes. This paper aims to analyze the position of individual criminal responsibility committed during the above-mentioned wars, regulated under the Rome Statute of the International Criminal Court and other relevant international conventions. In analyzing the data from primary and secondary sources, this paper applied doctrinal legal research and qualitative approaches. This paper concludes that the Rome Statute of the International Criminal Court associated the individual criminal responsibility for war crimes by systematically determining the extent
of participation, namely: (1) commission; (2) ordering/instigating; (3) assistance; and (4) contribution to a war crime as a group crime. Thus, Israeli military leaders ought to be held liable for the commission of war crimes in accordance with Article 8 of the Rome Statute of the International Criminal Court. The pretexts of the Israeli occupation to be exempt from criminal responsibility should be rejected according to the state of legitimate defense.
Si bien el derecho indiano está fuertemente vinculado con el derecho castellano, no se puede negar que tomó carácter propio. Una de las formas de consolidar el orden y el gobierno en las Indias fue mediante la compilación y síntesis legislativa, en particular durante el reinado de Carlos V. En dicha época, este monarca impulsó una magna labor legislativa, de la que se destacan la formación de cedularios, como el de Diego de Encinas o el de Vasco de Puga, así como la máxima obra reguladora indiana: la Recopilación de leyes de los reinos de las Indias. Estos esfuerzos compilatorios lograron plasmar las diversas problemáticas imperantes en la época. Ante ello, Carlos V impulsó cambios y avances en cuanto a la legislación del gobierno en la Indias, sobre los bienes de difuntos, el comercio, la jurisprudencia en dichos territorios, entre otros.
El autor se aboca al análisis y estudio de los problemas prácticos que se generan al momento en que la administración, luego de sancionar, debe concretar en el plano de la realidad tal castigo jurídico; en este aspecto, se decanta por un precavido análisis de la validez, eficacia, de la propia ejecutoriedad administrativa así como de la técnica recursiva por parte de quien se afectado por el poder público titular de potestades sancionadoras a efectos de conducir por una buena administración al ejercicio de tales competencias de gravamen de las administraciones públicas dado que obra una fuerte y sólida distancia entre seguir de manera pulcra el camino formal de la actividad administrativa sancionadora en comparación con el amplio espacio de la actividad material punitiva lo que lleva a que, en el escenario real, se provoquen mayores problemas a la organización administrativa que aquellos que han sido generados por el sujeto sometido a dichas potestades públicas.
Law of nations, Law in general. Comparative and uniform law. Jurisprudence
Sulaiman Rasyid, Adya Paramita Prabandari, Bastian Chris Daren
et al.
The Rohingya population after Myanmar's independence has experienced a continuous decline this is due to several actions ranging from deportation to killings, until now only a few Rohingya Muslims remain in Rakhine. Basically, the conflict between the Rohingya and Rakhine is more about race than religion. The United Nations (UN) said that the Rohingya are the most oppressed ethnic group in the world. The purposes of this research are beside to analyze the role of Indonesian diplomacy in overcoming the conflict between the Rohingya Muslim Ethnic and the Myanmar Government, it also analyze the Indonesian government effort on Rohingnya case in the perspective International Law. The diplomatic strategy carried out by Indonesia in the issue of the Rohingya ethnic conflict with the Myanmar government, namely the submission of a humanitarian proposition and the proposed equation 4 + 1 for the Rohingya community in the future. Then, Indonesia also used the OIC as the largest international Islamic organization to pressure and urge Myanmar to immediately resolve the violence against the Rohingya. Lastly, diplomacy in the form of providing strategic assistance to the Rohingya ethnicity and participation of the Indonesian people in voicing the resolution of the conflict in Myanmar with the mass media.
Law in general. Comparative and uniform law. Jurisprudence
Research purpose. The regime of maritime spaces as a general rule ‘is determined by the principles and norms of international law relating to the oceans and enshrined in the Geneva Convention on the Law of the Sea of 1958 and the United Nations Convention on the Law of the Sea of 1982(UNCLOS). However, the issue is that UNCLOS practically does not fix any special regime on the Arctic, bearing in mind that the use of the Arctic spaces is rather effectively regulated at the national levels. Arctic issues in this regard lacked in-depth analysis, and no attempts to develop specific norms and approaches with regard to the Arctic region were made, with the exception of Article 234 of UNCLOS, which is related to the right of the coastal States to ‘regulate navigation’ in its Exclusive Economic Zones. The purpose of the current research is to analyse how far a State may go in the process of establishment of the laws and regulations while exercising the right granted by Article 234, with the particular focus made on the position taken by the Russian Federation.
The article is devoted to the problem of the relationship between the institutions of “blood feud” and “talion”. The institution of blood feaud is a universal interdisciplinary institution of the law of the traditional society. Blood rushing, as a custom met at different times in different nations. The article re-veals the principles of blood feud. According to the authors of the article, the principle of talion was the basis of blood revenge. Justifying this point of view, the authors note that the blood revenge could cause reciprocal blood revenge and initiate an endless relay race of murders, which could lead to the death of both hostile groups. Necessity was the emergence of some rules governing conflicts between teams. The result was the famous principle, which is known as the talion. In the end, the talion comes to replace the blood feud. It should be noted that the principle of talion is characteristic of almost all legal systems at the initial stage of their development. This principle was known to be the laws of Hammurabi, the laws of 12 tables, Jewish law, medieval German laws, etc.However, fundamental changes in the economic, social life of society, expressed in the division of labor, the development of trade, etc. led to the fact that the talion from an effective regulator of social life turned into its opposite, “into something that disorga-nizes, destroys society”. To overcome the talion, society introduces certain measures, the main purpose of which is to limit the scope of the norms of equal retribution, which ultimately led to the formation of two types of norms: state-legal and moral. Research and analysis of the institutions of blood feud and talion in the traditional nomadic society of the Kazakhs showed that despite the weakness of state power, she was interested in a peaceful resolution of the conflict.
Law in general. Comparative and uniform law. Jurisprudence
Michelle M. L. Lim, Peter Søgaard Jørgensen, Carina A. Wyborn
Griggs et al. (2013) redefine sustainable development as "development that meets the needs of the present while safeguarding Earth's life-support system, on which the welfare of current and future generations depend." We recommend this as the end goal that the United Nations sustainable development goals (SDGs) should strive to achieve. Integration across the SDGs is less than what is required from a science perspective. Effective implementation of the SDGs will require States to attend to trade-offs and overlaps. We argue that continuous failure to address integration within the SDGs will jeopardize realization of this ultimate end goal. Therefore, we adopt a systems approach to identify gaps and connections across the goals and targets of the SDGs as well as leverage points for effective intervention. We triangulate across methods of critical analysis, conceptual modeling, and keyword network analysis to draw out seven "overarching directions" that could provide a prioritization framework to enhance efficient implementation of the SDGs. Our results identify main gaps as exclusion of key actors (e.g., corporations) and issues (e.g., intergenerational equity and population); inadequate reconciliation of economic growth with maintaining the Earth system; and deficient consideration of the relationship with international law. Conceptual mapping identifies education and innovation; governance and implementation; sustainable consumption and production; and addressing the key drivers of climate change as key leverage points. The keyword analysis highlights greater integration within the SDGs than what appears at face value. Keywords "access," "women," "resources," and "finance" feature across the SDGs and provide further leverage points. Targeting these issues will facilitate realization of a high proportion of SDGs and correspondingly could have a disproportional impact on effective SDG implementation. We conclude that the success of the SDGs needs to be evaluated by the extent to which it contributes to human development while advancing protection of "planetary must-haves" for current and future generations.
Abstract Through an analysis of the international legal thought of Alejandro Alvarez, Ruy Barbosa, Isidro Fabela and Carlos Saavedra Lamas, this paper shows that Latin America played a vital and complex role in the reconfiguration of a new global legal order in the early twentieth century and the consolidation of the modern discipline of international law, as well as a specific legal field in Latin America. It argues that the region was a pioneer in the promotion of distinctive continental and regional approaches to international law and world peace before and after the creation of the League of Nations.
Since the ancient times the belief in the rise of the Reformer has been a fundamental principle. Many of the holy prophets have announced the advent of new prophet. Moreover in the announcements and indications of predecessors there are always allusions to "the Last Promised" and "the Savior of Last Days" under such titles as "Kalki", "Fifth Buddha", "Soshyans", "Messiah", "The Son of Man" and so on and so forth. Of course there are different types of belief in the last reformer in religions. In one place the Savior is merely a social reformer while in another place he is only after the spiritual salvation of people and even sometimes he undertakes both tasks. On the other hand, the Last Promised is once nationalist and once seeks to save the whole world.
This essay seeks to assay the views of pre-Islamic great religions including Zoroastrianism, Judaism, Christianity, Hinduism and Buddhism as to the Promised Savior. This essay is an analytico-descriptive research which has based itself on the first hand works comprising the sacred scriptures of religions and proceeds through the typological analyses of idea of the Promised in religions.
Zoroastrianism: the idea of the Promised has been tied to the notion of Soshyant. Generally speaking, this notion alludes to a group of people who periodically emerge at the end of every millennium of the last three millennia of world's age so as to uproot evil and renew the world, the last one of these reformers is Soshyans. According to the aforementioned typology, Zoroastrian idea of Last Savior is among the Promised who saves the whole world. Moreover Zoroastrian Promised cannot be declared only a social savior as he is not wholly detached from people's spirituality too. From another point of view, Zoroastrian idea of the Promised represents a universal and not nationalist savior who is relatively a human and not divine entity who emerges in the last millennium of world's age.
Judaism: in the Old Testament Mashih (Messiah) means the anointed one by God and is the one who has been exposed to the spirit of Yahweh and this virtue has equipped him with all qualities which are necessary for an ideal king of Israel "the spirit of God will perch on that branch, the spirit of wisdom and understanding, the spirit of council and power, the spirit of knowledge of Yahweh and fear of him." (Isaiah, 2: 11). Mashih recalls a Savior of political taste. According to Jews, when Messiah rises the kingdom of heaven becomes established on earth and all nations return to Jerusalem (Isaiah, 14: 45) and the golden age of Jewish rule over the world begins. Thus Jewish taking of the Promised is ethnically motivated whose main concern is reclaiming the dominance and prosperity of Jews and it is less concerned with spiritual salvation. Although this Savior is of a Jewish origin but since his personal qualities are not decided then it is impersonal and void of divinity.
Christianity: the idea of the Promised has revealed itself in Christianity in three forms: first in the form of Jesus of Nazareth who plays the role of Savior and fulfills the expectations; second, in the form of "Judge of worlds" who will reveal himself when Jesus returns to the earth at the Day of Judgment as he once left there (Acts, 1: 11). And third, in the form of a man whose advent is announced by Jesus Christ and is described as the "source of consolation" and "spirit of honesty" who will bless Jesus and approve him (John, 14: 17). Accordingly, Christianity contains three versions of the Promised idea.
According to the previously mentioned typology, the first countenance of the Savior in Christianity, i.e. Jesus as Messiah in the New Testament, not only does not indicate the occurrence of a social uprising for establishing a government or spiritual refinement of people but rather the Savior in this sense undergoes a severe agony to relieve humanity from the burden of original sin (Acts, 8: 32). This Christian taking of the Promised is unique in its kind and has no equivalent in other religions.
But in the second form which promises the return of Jesus to help people to reach their perfection (Mathew, 37: 24-27; Luke, 18: 69 & 22: 18). Then the Promised in this sense aims at universal spiritual flourishing and is a person but a divine person.
The third manifestation of the Promised which has been described as "the spirit of honesty" and the "source of consolation" is the Holy Spirit, according to the Christians, who leads the church in its quest for righteousness in the absence of Christ.
Typologically speaking, Christian taking of the Promised has a spiritual character. It is universal and pro-millennium.
Hinduism: Hindu taking of the Promised is built upon a figure called Kalki who emerges at the Last Day when darkness devours the whole universe and evil minds take the helm. By the end of this dark period the tenth and final incarnation (avatar) of Vishnu which is named Kalki, riding a white horse with a castrated sword and like a falling star rises to uproot the evil and wickedness and establish justice and virtue.
Bhagavata Purana indicates that: "his empire will be universal and his mission will be the resurrection of dharma (law) and justice and truth". Thus the Hindu promised Messiah is personal and divine and actually his mission is social and spiritual, so he is not ethnically motivated but is universal.
Buddhism: Promised Savior in Buddhism is explained by the concept of "Maitreya" which is a Sanskrit word meaning "loving-kindness". In Buddhist theology he is known as the fifth and the last ground Buddha who is yet to come but he will come to save all mankind. In Buddhism symbolism he is in shape of a sitting man who is ready to get up which is the symbol of his preparation to arise. In Mahavastu, a text book of sub sect Hinayana that is about history of Sri Lanka, chronology of events of Maitreya uprising is clearly mentioned. Based on the typology, the promised Buddhist Savior is spiritual saving and he does not have social purposes. He is a personal Savior and with human - divine characteristic. Since the mission of the fifth Buddha is not to rescue a specific nation it could be a universal mission.
The result of this study is that although expressions and typology of belief in Savior in mentioned religions is deferent, however there is an important common belief among all them, which is faith and hope in uprising of Savior in apocalypse.
Countries have possibility to choose between several alternatives for cooperation in international tax matters at global level. They can decide not to cooperate or provide some form of tax cooperation. Because of harmful tax competition among countries and efforts of international organizations, all countries in the world are oblidged to comply with one of multiple alternatives for tax cooperation. Situation in European Union (hereinafter EU) is specific. EU is not country or classic international organization. By the reason of its successful functioning, EU has need for tax cooperation. EU has attempted to harmonise tax policies of member states, but member states did not approve that. Only indirect taxes are harmonized on EU level, direct taxes are harmonized only to the point necessarily for functioning of single market. That is why tax cooperation instruments are so important. Object of this paper are procedures and measures, stipulated by the most important instrument in the field of tax cooperation enacted by institutions of EU, its development and status in international tax law. Regulatives and directives in field of tax cooperation in the EU are 'pioneers' in tax matters. EU instruments provide standards which are subsequently accepted by several international organizations - Organisation for Economic Co-operation and Development (OECD) and United Nations (UN). Our purpose is to present positive and negative aspects of tax cooperation in the EU. In time of crisis efficient tax cooperation provides higher revenues for the member states, on the other hand, taxpayers and tax administrations have increased expenses as result of tax cooperation which are not fairly distributed.
The author highlights main doctrinal theories on legal nature of concordats, the specific features of their subject and the current understanding of their nature in contemporary international law. It is emphasized that concordats do not fall within the standard aims and content of ordinary international treaties and refer to matters of so called “mixed competence”: international and domestic, spiritual and temporal. It is also mentioned that in strict understanding of the provisions of the Vienna Convention on the Law of Treaties (1969) concordats do not fall within the scope of the Convention. The aforesaid, however, does not vitiate a concordat or prevent the parties from subjecting it to the Vienna Convention. A brief characteristic of the Lateran concordat of 1929 is given. Concordat is defined as an international legal agreement between the Holy See and a particulate state with the aim of regulating the bilateral relations between its parties, determining the legal status and terms of activity of the Catholic Church within the state and guaranteeing the Church’s interrelation with the Holy See.
Law of nations, Comparative law. International uniform law