Hasil untuk "Law of nations"

Marković Saša M.

This paper examines irregular migration and human smuggling along the Western Balkans route through Serbia, providing a criminalistic and criminal law analysis of the offenses of illegal border crossing and human smuggling under Article 350 of the Criminal Code. Over the past decade, mass irregular migrations to economically developed European countries by individuals from certain Asian and African nations affected by armed conflicts-seeking to save their lives or escape threats to basic human rights, persecution, and poverty - have led to a rise in the number of human smuggling offenses in Serbia. The substantial illegal profits gained by human smugglers have fueled the development of organized criminal activities. Human smuggling has become the dominant criminal activity of many regional and international criminal groups. In many instances, these groups smuggle irregular migrants from their home countries to Western and Central European nations for a fee. Since 2011, one branch of the Western Balkan smuggling route, which crosses Serbia's borders, has gained significant prominence, with the highest number of asylum seekers registered in 2015. In this paper we analyzed the actions of the Serbian police and judicial authorities in combating this type of crime from 2018. to 2023, with a particular focus on the penal policies of the courts in the period from 2018. to 2022. It has been established that the legislative penal policy has been tightened. Courts have limited ability to reduce sentences for more severe forms of this criminal offense. Human smugglers are most often sentenced to the minimum prescribed penalties, which are still lengthy prison sentences, thereby using measures of general prevention to deter potential offenders from committing such crimes. As a measure of special prevention, the law mandates the confiscation of motor vehicles used in the commission of a criminal offense. Smugglers face severe legal consequences if they are caught. Police measures are focused on repeat offenders, means of execution, and criminal hotspots, primarily in the areas along the state border with North Macedonia and Bulgaria, as well as Hungary and Croatia. Strategic documents have been adopted in which the suppression of human smuggling is recognized as a priority in the work of the police at the highest central level. Serbian police actively cooperates with regional and international police organizations (Interpol, Europol, Frontex, etc.) in order to suppress migrant smuggling. Modern technical equipment such as drones and thermal imaging camera are also used to monitor smuggling routes and detect smugglers and migrants who illegaly enter, transit through or exit Serbia. Detected human traffickers are often arrested. The proactive approach of the Serbian police has led to an increase in the number of arrests of organized crime group members as well as traffickers involved in more serious forms of this criminal offense. Considering the analyzed sentences, it has been determined that human smugglers are most frequently identified if they are at lower levels within criminal organizations. Those people are employed to transport migrants along specific routes. Given that a more severe form of the criminal offense is anticipated for those who smuggle a larger number of individuals, they are punished with long prison sentences, with a minimum of 2 years.

Gabriella Silvestrini

Jonni Mahroza, Priyanto Priyanto, Mhd Halkis

Securitization in the South China Sea (SCS) invites uncertainty in the current legal and diplomatic direction. The purpose of this study is to explain that the control of economic resources by involving the military has ignored the international order. The approach method is used in phenomenological research. Primary data from various sources, researcher discussions with various experts to get a comprehensive understanding. The results show that China, based on historical rights, has failed to defend the nine-dash line (NDL) before the arbitral tribunal, but China has succeeded in shifting the issue of who has the right to control uninhabited islands in the South China Sea region into a security issue. China has occupied and developed no man's coral island. The conclusion of the researcher is that a country's strategy is not enough to look at international law, but activities that may threaten to consider building new powers. The LCS securitization conflict has led to the emergence of Asimterics Diplomacy, a strategy. The reality of Chinese activity is booming. At least it has produced; polarizing the Association of Southeast Asian Nations (ASEAN), testing the effectiveness of international law, harnessing maritime potential, and expanding national defense lines..

Manuel de J. Jiménez Moreno

En este ensayo se repasan las aportaciones teórico-metodológicas de Carlos Ramos Núñez, profesor universitario y magistrado constitucional, en el campo de los estudios interdisciplinares de derecho y literatura. Si bien el autor toma como base el modelo clásico elaborado por juristas estadounidenses y europeos, realiza una contribución significativa al tratar de manera especial la «reconstrucción y debate de casos célebres». Esta visión particular da cuenta de su formación como historiador del derecho y sus afinidades en favor de un análisis cultural del fenómeno jurídico. Lo anterior, sin duda, es necesario para la construcción paulatina de una identidad latinoamericana en los estudios de derecho y literatura que afiance el movimiento a nivel regional.

André Luiz Reis da Silva, Gabriela Dorneles Ferreira da Costa

This research aims to compare the strategic interests and the positioning at the foreign policy level of Brazil and Turkey in the 21st century, considering the rise to power of, respectively, Workers’ Party (PT, in Portuguese) and Justice and Development’s Party (AKP, in Turkish). Methodologically, it was used bibliographical research and analysis of speeches in the General Debate of the United Nations General Assembly (UNGA) between 2010 and 2015. It was verified convergence between Brazil and Turkey in themes as the acknowledgment of the multipolarity of the World Order, the necessity of the United Nations Security Council (UNSC) reform, the importance of the fortification of the global economic governance by G-20 and the compromise with the International Law, with the terrorism combat and with the Humans Right protections. As divergence point, it was verified the debates about the sort of reform to be implemented at the UNSC and some questions involving the Arab Spring, such as the military intervention at Libya in 2011. At last, some themes are more recurrent at one country’s foreign policy than another’s; as topics regarding Central Asia and Middle East, at Turkey’s case, and subjects regarding BRICS and south-american regional integration, at Brazil’s case.

Erik Pihl, Eva Alfredsson, Magnus Bengtsson et al.

Non-technical summary We summarize some of the past year's most important findings within climate change-related research. New research has improved our understanding of Earth's sensitivity to carbon dioxide, finds that permafrost thaw could release more carbon emissions than expected and that the uptake of carbon in tropical ecosystems is weakening. Adverse impacts on human society include increasing water shortages and impacts on mental health. Options for solutions emerge from rethinking economic models, rights-based litigation, strengthened governance systems and a new social contract. The disruption caused by COVID-19 could be seized as an opportunity for positive change, directing economic stimulus towards sustainable investments. Technical summary A synthesis is made of ten fields within climate science where there have been significant advances since mid-2019, through an expert elicitation process with broad disciplinary scope. Findings include: (1) a better understanding of equilibrium climate sensitivity; (2) abrupt thaw as an accelerator of carbon release from permafrost; (3) changes to global and regional land carbon sinks; (4) impacts of climate change on water crises, including equity perspectives; (5) adverse effects on mental health from climate change; (6) immediate effects on climate of the COVID-19 pandemic and requirements for recovery packages to deliver on the Paris Agreement; (7) suggested long-term changes to governance and a social contract to address climate change, learning from the current pandemic, (8) updated positive cost–benefit ratio and new perspectives on the potential for green growth in the short- and long-term perspective; (9) urban electrification as a strategy to move towards low-carbon energy systems and (10) rights-based litigation as an increasingly important method to address climate change, with recent clarifications on the legal standing and representation of future generations. Social media summary Stronger permafrost thaw, COVID-19 effects and growing mental health impacts among highlights of latest climate science.

Festus Ukwueze

One of the most modern inventions of financial technology (FinTech) since after the global financial crisis of 2008 is the crypto or virtual currency/asset. Since the creation of the first cryptocurrency, the Bitcoin, in 2009, it is estimated that over five thousand variants of the Bitcoin and other cryptocurrencies have emerged. Virtual currencies have become widespread across the globe but their legal status and uses in various countries have remained uncertain. They have been variously classified as currencies, securities, properties, assets, commodities and tokens, and used as means of exchange but are not legally recognised as legal tender. In many jurisdictions their emergence was greeted with scepticism and express or tacit rejection by financial and securities markets regulators, but over time, owing to their increasing popularity, characteristics, positive and negative potentials, there has been a gradual shift towards their formal recognition and regulation. Regulatory authorities in many countries are now grappling with designing appropriate policy and regulatory framework for the crypto phenomenon. This paper interrogates the current legal status and efforts to regulate cryptocurrencies in two leading African nations, Nigeria and South Africa, and highlights the challenges of designing an appropriate regulatory framework for this enigmatic technology. The paper adopts the doctrinal legal research methodology, employing the descriptive, analytical, and comparative approaches. It follows a structured review and analysis of relevant extant legislation on currencies and securities in the countries to ascertain whether they cover cryptocurrencies. It then compares the current position of the law on the subject in the two countries. Bearing in mind that it may not be possible to totally ban dealing in cryptocurrencies, the paper concludes that regulation has become imperative. Drawing from the position on the subject in more developed nations, the United States of America (US) and the European Union (EU), this paper proposes a model of regulation of virtual currency not only for Nigeria and South Africa but also for other African countries.

Eduardo Daniel Vázquez Pérez

La presente investigación retoma la visión del jurista alemán Niklas Luhmann sobre la autorreferenciación de los sistemas; sin embargo, se hace mayor énfasis en la vertiente de los sistemas autopoiéticos. El objetivo de este artículo es demostrar cómo la efectiva aplicabilidad de la norma jurídico-penal puede combatir la corrupción en México rescatando el Estado democrático a través de la evaluación de las propuestas por la actual Administración, contempladas en el Plan de Desarrollo 2019-2024.

Cedric John Ayres

This paper argues against the most important theoretical foundations which Walter Block uses to defend his thesis that Evictionism legitimizes indirectly deadly evictions of a progeny while simultaneously forbidding abortion. It begins by presenting Block’s Gentleness principle and Rothbard’s principle Proportionality separately. Then, it compares both principles to analyze how satisfactorily each of them deals with some important general problems of libertarian legal theory. The ‘bubble gum theft’ scenario is the main tool for this comparison because both authors uses ‘petty theft’ examples to illustrate their respective principles. This paper’s conclusions are as follows: First, every moment of crime is interconnected. Second, proportionality applies to every moment of crime. Third, that Block’s so-called ‘gentleness principle’ is not only redundant to proportionality, but also cannot be a libertarian principle for two reasons: (1) it implies positive rights and obligations; (2) it presupposes a deterrence penology. This paper is the first in a series of three in an attempt to reform the standard libertarian stance on abortion.

A. A. Sinyavskiy

INTRODUCTION. This study analyzes available remedies for victims who have suffered harm from business activity of transnational corporations. The goal of this study is to evaluate the effectiveness of available remedies for the protection human rights of individuals from adverse impacts of the business activity of TNCs. To achieve the goal, it is necessary to fulfill the following tasks: to consider the obligations of TNCs in modern international law, the role of states in the protecting human rights against the business activities of TNCs, examine the content of the right to an effective remedy, and characterize the existing remedies for the individuals.MATERIALS AND METHODS. During the research the latest theoretical studies of leading Western scholars was analyzed, as well as the regulatory documents, recommendations and reports of the human rights treaty bodies, international human rights treaties and extensive court practice of the ECHR. For this study formal logical, general scientifi , comparative legal and private scientific methods has been applied. RESEARCH RESULTS. In recent years, the importance of soft law in the field of international business and human rights has been increasingly strengthened. The UN Guiding principles on Business and Human Rights have become the basis for a draft legally binding instrument to regulate, in international human rights law, the activities of transnational corporations. It should be noted that the latest innovations in the draft related to the introduction of environmental rehabilitation as one of the mandatory forms of redress. Indeed, when considering mass violations of human rights by transnational corporations, we oft n encounter with serious damage to the environment, as a result of which environmental rights are violated. Increasing cases of such violations have led to the need to improve international and domestic remedies.DISCUSSION AND CONCLUSIONS. The study concluded that a remedy would be effective if it would be affordable, acceptable, adequate and timely. An effective remedy against the activities of TNCs should provide an adequate compensation or the leveling of the damage caused and bring TNCs to account for human rights violations in order to ensure such compensation. In turn, access to remedies consists of two interrelated elements: the existence of a grievance mechanism that provides a redress for business-related damage and the availability to the mechanism by aff cted persons. Access to remedies should be provided without discrimination on any of the prohibited grounds and should take into account the situation of vulnerable groups. The approach to the calculation of compensation or the choice of remedy should be individualized, taking into account the social and legal status of the victim.

Esther Christie Erlina, Raden Ahmad Gusman Catur Siswandi

Maritime boundaries play an essential role in determining the state's sovereignty, rights to exploit natural resources, maintain security, and territorial integrity. However, maritime boundaries often overlap between states, which can amount to conflicts. Maritime areas whose boundaries have not been agreed between neighboring states are referred to as “undelimited maritime boundaries” (UMB). Indeed, Article 74 of the United Nations Convention on the Law of the Sea 1982 has set out rules regarding UMB. However, conflicts still arise between states; for instance, the conflict related to law enforcement between Indonesia and Viet Nam in the South China Sea. This study aims to analyze law enforcement issues and the rights and obligations of states in UMB under international law. This study uses normative legal research which applies the method of legislative, conceptual, and analytical approaches. This study finds that states involved in UMB are prohibited from carrying out excessive law enforcement since it could trigger more conflicts and will hamper the ongoing final maritime delimitation negotiation process. In order to ensure zero conflicts during the negotiation process, this paper recommends that Indonesia should make every effort to enter into a comprehensive provisional arrangement about UMB with its neighboring states.

R. Pearse

Over the past five decades, many scholars have debated the normative pros and cons of granting legal recognition to the right to live in a healthy environment, a relative newcomer to the library of human rights. Since 1976, this right has spread rapidly across the world, securing constitutional protection and being incorporated into environmental laws in more than 100 nations, and gaining recognition in regional treaties ratified by at least 135 nations (Boyd 2012). Despite this unprecedented convergence of human rights law and environmental law, few scholars have explored the factors influencing the emergence of these remarkable legal developments, or the practical consequences for people and ecosystems. Joshua C. Gellers, with his slim but idea-filled book, The Global Emergence of Constitutional Environmental Rights, is at the forefront of an exciting new wave of empirical scholarship. Constitutions are the highest form of law in all contemporary legal systems, and also serve, at least in theory, as an important reflection of a nation’s most deeply cherished values. Meanwhile, the world faces profound ecological problems caused by human activities. For these reasons, Gellers’ focus on the processes, factors, and players involved in constitutional recognition of environmental rights is eminently justified. At its heart, the book seeks to answer a simple but significant question: “Why do some countries have constitutional environmental rights while others do not?” (p. 2). To answer this question, Gellers develops a model, which he calls the “world cultural framework,” drawn from theories in political science, sociology, and law. This framework suggests that an international normative context (based on individualism, rationalization, and universalism) exists and is drawn upon by actors (bureaucrats, lawyers, judges, policy-makers, and activists) to influence outcomes at the national level. To test the utility of his proposed framework for analyzing constitutional environmental rights, Gellers skillfully employs a combination of quantitative and qualitative research methods. On the quantitative side, he uses various global data sources to test a series of hypotheses, drawn from the international relations literature, about the factors leading states to incorporate environmental rights in their constitutions. His results indicate that constitutional environmental rights are more likely to be found in countries with higher numbers

cindy vira yunita

Abstract Illegal transhipment practice is a serious problem because it is included in the theft mode of fish, which is by transferring the cargo of fish that occurs in the middle of the high seas from one ship to foreign ships without reporting the catch. It categorized as one form of the criteria for Transnational Organized Crime/TOC, includes crimes committed in one country, but involves organized criminal groups from more than one country. This paper will construct how the dispute resolution process must be carried out if it consists of UN procedures, UNCLOS 1982 by "International Tribunals for the Law of the Sea (ITLOS)" and the Association of Southeast Asian Nations (ASEAN) Regional. The type of research used is normative juridical.   Intisari Praktik illegal transhipment merupakan suatu permasalahan yang serius karena termasuk dalam modus pencurian ikan, yaitu melalui pemindahan muatan ikan yang terjadi di tengah laut lepas dari satu kapal ke kapal asing tanpa melaporkan hasil tangkapannya tersebut. Dikategorikan sebagai salah satu bentuk kriteria Transnational Organized Crime/TOC, meliputi kejahatan yang dilakukan di satu negara, akan tetapi melibatkan kelompok kriminal terorganisasi yang berasal lebih dari satu negara. Tulisan ini akan mengonstruksikan bagaimana proses penyelesaian sengketa yang harus dilakukan bilamana terdiri atas prosedur PBB, UNCLOS 1982 oleh “International Tribunal for the Law of the Sea (ITLOS)”, dan Regional Association of Southeast Asian Nations (ASEAN). Jenis penelitian yang digunakan ialah yuridis normatif.

EDUARDO GOMES, NADJA DE SOUZA, LARISA ZAITSEVA et al.

Corporate social responsibility of business is becoming an increasingly relevant subject of research  in political science, sociology, economics and law. The social responsibility of business is becoming  the object of close attention of both governmental and nongovernmental organizations, and the  priority of its development is provided at the national, supranational and international levels. This  article considers the political and legal dimensions of the model of corporate social responsibility  implemented through the Global Compact as an unprecedented private initiative of the United  Nations. A study of the social consequences of the Global Compact offers the opportunity to  observe the development of an extremely important initiative: the dissemination of practices and  models of corporate social responsibility and the possible implications of this action for society, for  business and for the United Nations itself. Corporate social responsibility, having an internal and  external dimension, social and political content, goes far beyond the formal legal aspect. At the  same time, states, including the BRICS countries, interested in developing corporate social  responsibility practices, by legal means, in one way or another contribute to the development of  the most promising practices of the social responsibility of business from their point of view. The  United Nations pays special attention to the private sector as a promising tool for responding to new problems arising within the international environment. The principles formulated by the United Nations in the Global Compact are reflected and developed in the documents of other international  organizations, and then in the programs and regulatory documents of the participating countries,  and, of course, in the various codes of large and medium-sized corporations.

Petru Tărchilă

The entire community acted according to rules because their disobedience had an influence on the survival of the entire community, as they had a powerful mystical and religious character. Sanction measures evolved along with the evolution of communities and they were applied to individuals who disobeyed and broke these rules. Thus, the first forms of human community used the death penalty (blood revenge) as means of punishment for serious violation of the rules of coexistence. Later on, death penalty was replaced with the individual’s expulsion from the community and as communities evolved, material redemption was used instead of expulsion. The first judicial norms (the germs of law) developed among these social cohabitation, organization and behaviour rules. Judicial norms differed from other rules due to their compulsory character and by appeal to the coercive force of the community when they were broken by certain individuals. The change of social, customized norms into judicial norms and the emergence of law as independent entity took place along with the occurrence of state and public power rooted in the Greek – Roman Antiquity. It has been set that law is a social phenomenon incidental to human society; thus, Romans have expressed this statement through the phrase: ubi societas, ibi jus, namely law occurs along with the society. Law, like society is not a static, immutable entity issued once and for all; it is under constant development and social-historical evolution. As social phenomenon, social law experiences a constant historical evolution, bearing the mark of historical periods and cultural, spiritual and religious features of nations.

Brian Orend

José Luis Soberanes Fernández

Alese C. Wooditch