Hasil untuk "Law of nations"

Revista Mexicana de Historia del Derecho

Ebrahim Ranjbar

1.IntroductionAlthough the title name of "Adventures of Hajji Baba of Ispahan" juxtaposes with the name of James Morier, the original work belongs to an Iranian. Imitating the westerns, an Iranian immigrant had created his memoirs abroad and handed it in to Morier "to be published in the West" (Modarres Sadeghi, 2001, pp. 11-12). He had likely not added his name on the work to secure his life from the regime.     Mirza Fathali Akhoundzadeh lived in Iran until his 15, then moved to Kafkaz, and all his life tried to inform the Iranian about the globe through literary narration. These two authors had some similarities and differences. The first was the thought school. The author of "The Adventures of Hajji Baba"was acquainted with the social and political life of Istanbule’s population and the Western nations and at the same time the cultural and civilization patterns of Iran. Akhoundzadeh; however, was under the influence of Russian poets, writers, and intellectuals and learned about the Western opinions through Russian language. He was not familiar with cultural and civilization patterns of the Iranian as much as the author of "The Adventures of Hajji Baba". Second, both of them believed in a change in the intellectualism of the Iranian despite they saw it from a different angle and gave different suggestions since they looked at Iran from different perspectives. Third, they both preferred humor and fiction to other styles in creating a change in Iran. And forth, for both of them the King is more of a nature than nurture; that is: a social premise at the head of an organization. 2.MethodologyIn this article, I have surveyed the similarities and differences between the two authors in thought, perspective, and the way of looking at Iran as well as reflecting the method of social, cultural, and religious situation in the nation. The methodology of surveying focuses on the details of the novels, analyzing them, and inferring the related conceptualizations. 3.DiscussionIn spite of differences, there are some typical similarities between the two works. Some of the most outstanding similarities are: 1. The description of the King: the Author of the Adventures of Hajji Baba looks at King from the perspective of ruling the nation, piety, and ethics. The king appeals to religion as a means to conserve the power. He considers for himself a position of divinity and suggests the lives and properties of his people his own belongings (see. Morier, 2001, PP. 130, 133-137, 139, 229-233, 263, 340, 349). Akhoundzadeh; however, does not realizes the king as much as the author of The Adventures of Hajji Baba; he only condemns the king’s divinity by describing him in clothing and the palace (see. Akhoundzadeh, 1977, PP. 426, 438). 2. Both of the authors give a variety of samples to illustrate the incompetency of government agents (see. Morier, 2001, PP. 20, 21, 25, 52, 188, 302-303, 340, 342; Akhoundzadeh, 1977, PP. 413-415, 445-446). 3. The authors both complain about the negligence of the law by the religious and state intellectuals. 4. Both of the authors realize maltreatment of religion and kinship ruling as the result of the king’s dictatorship and incompetency of his relatives (see. Morier, 2001, pp. 93, 355; Akhoundzadeh 1977; pp. 416, 450). Abusing the religion to accomplish nonreligious goals has been mentioned, in a bitter humor, several times in The Adventures of Hajji Baba. The author does not take religion as a social realm; he has rather a feeling for it and sympathizes for the real religious values. It is the same in the Deceived Stars; the real religious and conscientious people have no way to power pyramid. On the contrary, people who are aware of the position of religion in the community with the least knowledge may take the most advantages of it in achieving property and power. 5. For both of the authors, ethics diminishes as a result of dictatorship. They both have represented the downfall of ethical values because of widespread pretend, flattery, and libel. The frequency of ethical downfalls in the Deceived Stars is lesser than The Adventures of Hajji Baba. 6. Prevalence superstitions: in The Adventures of Hajji Baba, the regime’s members are negligent of their negligence. They do not expect developing schools as useful for the regime, and in religious learning they know nothing important except reading Koran. Medical science is only limited to which doctors. The Deceived Stars is mainly founded on a misbelief and then it is condemned. 7. Among the various traditions in Iran, both of the authors mention "Payandaz" (welcome reward) and condemn it (see. Morier, 2001, PP. 130, 140; Akhoundzadeh, 1977, p. 414). 8. Overcharging people: the author of The Adventures of Hajji Baba directly demonstrates samples of people’s oppression; in the Deceived Stars the samples are not presented as directly as The Adventures of Hajji Baba. The reader is to infer oppressions from the expressions and covert behaviors. 9. Portraying the women’s terrible condition: the author of The Adventures of Hajji Baba illustrates some examples of female conditions such as bigamy, involuntary marriage, purchasing and selling as servants, exchanging with stock, and opening Seegheh Khaneh (religious sex houses). To portray these terrible conditions, the Deceived Stars mentions involuntary marriage and divorce for women (see. Akhoundzadeh, 1977, pp. 429-430). 10. Both authors repeatedly talk about the people’s addiction to coffee, hubble bubble, and drugs (see. Morier, 2001, pp. 256, 277, 308, …; Akhoundzadeh, 1977, pp. 58, 433, 440).Regardless of the similarities between the two works, there are some cultural affairs and traditions in The Adventures of Hajji Baba attributed to Iranians through humor and exaggeration that are not stated in Deceived Stars. A few of them are being discussed as follows:the general prevalence of betrayal and lies: among every social class, there are people who are great liars and are quick at raising properties belonging to others.  2.Fear and supplication: when facing with regime’s officers unreasonably reprimanding them, people usually have no choice except for supplication.Habit of discrimination: discrimination is so widespread among occupation communities that even a barber can discriminate among his customers.  4.Status appreciation: people appreciate status. They give big titles to those who occupy the position by stealing and lying and then bend in front of them accordingly.  5.Extortion, bargaining, false swearing, theft and fainting in goods: exaggerating the price of the items and then discounting several times above the real price, swearing to deceive the customer, stealing and cheating in dealing are social habits in the community (see. Morier, 2001, pp. 89-90).On the contrary, there are details in the Deceived Stars that are not present in The Adventures of Hajji Baba such as 1. the welfare needs of the community: constructing streets, bridges, caravanserai, hospital, school, well, welfare for the widow and orphans; 2. Economical, ethical, and scientific needs: distinguishing the knowledgeable from the pretending flattering knowledgeable, stopping the unreasonable interference of the custodians in religious affairs in the lives of the people, providing tuition fees for religious students, developing competent courts, providing support centers for the poor, closing the unlawful ways of extorting money from people, the necessity of employing Sadats (Children of the Prophet) in decent jobs to keep the face of the prophet’s children, focusing on capability in appointments, setting correct and transparent rules for the Court expenses, setting rules for tax collection, timely payment of the Army salaries, prohibiting usury, and so on. 4.Conclusion    The author of "The Adventures of Hajji Baba" is most likely an Iranian, not Morier. This author has a relatively comprehensive knowledge of Iranian intellectual conditions and customs, culture, beliefs, psychological needs, occupations, economic situation, history, literature, relations of government institutions with the people, social oppression, lack of law and the like. He also became acquainted with the social life of the people of Istanbul and Europe, and especially their Pekarsk novels such as Gilles Blass. Comparing Iran, Istanbul, and Europe, he has written a Pekarsk novel, using humor and exaggeration to identify the flaws in the lives of Iranians. Akhundzadeh did not know as much about Iran as he did. Therefore, the works of these two have similarities and differences with each other, including: both identify incompetency of employees, kinship ruling in the power system, lack of law, lack of will to legislate the country in the ruling system, astonishing abuses of the glory of religion in society, prevalence of pretense , flattery, slander to others, superstitions, all kinds of injustices to the general public, addiction to Bang and vice versa, lack of production and will to change the status quo and lack of effort for public awareness and development of the country as the reasons for the differences between Iran and other countries . The author of "The Adventures of Hajji Baba" believes that there are magicians in Iran who penetrate the minds and psyche of the public and conquer their intellect. These magicians intensify vices such as betrayal, lies, fear of those in power, discrimination, etc., and worse, they prevent public awakening and, as a result, perpetuate the tyrannical system. Therefore, changing the current situation is a difficult task. This thinking has caused the satire of "The adventures of Hajji Baba" to be sharp and exaggerated, but Akhundzadeh is not so aware of Iranian society.

Serhii Chornyi, Serhii Ostrovskyi, Oleksandr Gaponov

Joint counteraction against international crime by all law enforcement agencies of different countries brings common results in eradicating this phenomenon in the world and reducing the number of crimes in a single state. This is one of the most relevant areas of international cooperation worldwide. That is why the issue of interaction in the field of law enforcement acquires special attention and relevance. That is why special attention is paid to the content of the concept of "interaction" and "interaction of law enforcement agencies". Today there is a significant increase in economic crime, with international transnational crime paying particular attention to economic crimes committed by foreigners. A significant role in countering this phenomenon is played by specially formed international institutions (bodies), namely: international organizations; international conferences; international commissions and committees. The most famous of these include the following: United Nations (UN) Commission on Crime Prevention and Criminal Justice; UN Office on Drugs and Crime; Council of Europe (Council of Europe Committee of Experts on the Evaluation of Anti-Money Laundering Measures); European Committee on Crime Problems; International Criminal Police Organization (Interpol), etc. The central body for combating international crime is the International Criminal Police Organization – Interpol, which began its activities after the entry into force (June 13, 1956). The purposes of Interpol are: to ensure and develop the widest possible mutual assistance between all criminal police agencies within the framework of the laws in force in the various countries and in the spirit of the Universal Declaration of Human Rights; creation and development of institutions capable of successfully contributing to the prevention and suppression of criminal offenses (Art. 2 of the Interpol Charter). The structure of the internal organs of Interpol consists of: General Assembly; Executive Committee; General Secretariat; National Central Bureaus; Counselors; File Control Commission. INTERPOL maintains relations with many international organizations on issues related to its sphere of activity. Interpol maintains a National Central Bureau of Interpol in each of its member countries, through which international police cooperation is regulated. The National Central Bureau is an authorized police authority or entity with the status of an Interpol representative in its country. The main purpose of national central bureaus is to involve the police authorities of the country in the international fight against crime, to establish and maintain contacts with other national central bureaus and the General Secretariat of Interpol by ensuring a continuous, rapid and high-quality exchange of information. In Ukraine, such a unit is the National Central Bureau of Interpol, which operates within the structure of the National Police of Ukraine and organizes international cooperation of all law enforcement agencies of our state within the framework of the Organization. As part of combating crime, the National Central Bureau of Interpol cooperates with the State Migration Service of Ukraine, organizes cooperation, as well as initiates and coordinates operational and investigative activities aimed specifically at preventing and solving crimes, identifying and deporting from Ukraine persons – citizens of foreign countries involved in criminal activity, in particular members of transnational organized crime networks, persons who have committed sexual crimes against children, and the like. A special area of interaction is the fight against economic crimes committed by foreigners that disrupt the economic systems of various states. The State Migration Service of Ukraine sends requests about economic crimes committed by foreigners to the Interpol National Central Bureau.

Juan Javier del Granado

N. A. Vorontsova

INTRODUCTION. Since there are many threats in the modern world, states consider the essence of security in its various manifestations. A rather extensive understanding of security should be noted, as this concept applies to multiple directions of our life. So-called SPS measures are one of the vectors aimed at ensuring safety (protection) of human life and health. The scientific literature covers rather extensively SPS measures, taken by states, which include mandatory sanitary, veterinary and quarantine phytosanitary requirements and procedures. The novelty of the study is that SPS measures will be analyzed in terms of their use as hidden barriers to international trade, as well as how often they are used when a particular sanitary or phytosanitary measure imposed by a state or maintained in force by a member of an international organization restrains or can potentially restrain export of its goods.MATERIALS AND METHODS. In international trade certain issues of the contemplated problem are regulated by Article XX of GATT, as well as by the Special Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). Security measures reflected in the Article XXI of GATT-94 are not considered.RESEARCH RESULTS. Th author concluded that SPS measures construe hidden barriers to international trade. However, it is possible to establish "rules of the game", to agree on this problem in concluded agreements on the rules of application of SPS measures, minimizing the possibility of their unfair use. As for the EAEU law, it affects the development of international norms in the field under consideration.DISCUSSION AND CONCLUSIONS. The urgency of the issues dealt with in the article is based on the fact that every resident of any state in one way or another wants to be sure of the safety of all that he consumes and that the state or a number of states within the framework of an international organization are obliged to ensure this. The Eurasian Economic Union (EAEU) is no exception, it also faces similar tasks. The article analyzes the results of activities in the sphere of decision-making on SPS measures and the framework of the international organization of regional economic integration – the EAEU.

Sri Wartini

Raja Ampat has one of the world’s richest coral reef, because it is located in the heart of the coral triangle. However, due to human activities, such as overfishing, shipping as well as climate change has caused serious impacts to the existence of the coral reef and its habitats. As the member of the United Nations Law of the Sea Convention and the Biodiversity Convention, Indonesia has obligation to establish Marine Protected Areas (MPAs). The research aims to analyze comprehensively the implementation of establishing the MPA in Indonesia based on international and national law perspective and to examine whether the existence of the MPA in Raja Ampat can be used as a model to develop MPA in other area to achieve sustainable fishery. This study is a normative juridical research by applying conceptual and statutory approaches. The result of the research finds that the establishing of MPA in Raja Ampat has been successfully achieved sustainable Fishery as part of sustainable development. However, there are some challenges that have to be addressed, such as lack of monitoring in the MPAs due to the limitation of the budget as well as the illegal unreported and unregulated fishing conducted by the people outside indigenous community Thus, it is necessary to conduct monitoring cooperation among the MPAs.

Ana Beatriz Vanzoff Robalinho Cavalcanti

This paper analyzes the Brazilian constitutional founding in a comparative perspective, endeavoring to understand how the founding’s identity influenced constitutional development through the three decades since the constitutional document was enacted. By creating a link between the constitutional founding historical and political development and the way the Constitution has changed over time, it hopes to discover more about the evolution and concept of a constitutional identity.

A. Proelss

Miguel Sendín García

En este trabajo se examina críticamente el régimen jurídico del Ministerio Fiscal, cuestionándose si su articulación es correcta, especialmente se plantea si cuenta con autonomía suficiente para desarrollar correctamente sus funciones.

Carmel Williams, Alison Blaiklock

Our commentary on Forman et al paper explores their thesis that right to health language can frame global health policy responses. We examined human rights discourse in the outcome documents from three 2015 United Nations (UN) summits and found rights-related terms are used in all three. However, a deeper examination of the discourse finds the documents do not convey the obligations and entitlements of human rights and international human rights law. The documents contain little that can be used to empower the participation of those already left behind and to hold States and the private sector to account for their human rights duties. This is especially worrying in a neoliberal era.

Gautama Budi Arundhati, Samuel Saut Martua Samosir, Ratih Listyana Chandra

Societal welfare is the achievement that should be supported by Government which essentialy has the obligation for the societal welfare through the arrangements within the scope of authority under the mandate of the preamble and articles of   the Indonesian Constitution of 1945 and relevant laws. The mandate of ASEAN Charter, which was ratified by House of Representative by Law Number 38 of 2008 concerning Ratification of the Charter of the Association of Southeast Asian Nations, is not an opponent of the Constitution of 1945 in terms of societal welfare, as long  as the legislation is implemented on the right way, which can protect Indonesian. The legislative action must reflect the needs and the factual conditions of Indonesian. Regulation relating to the implementation of the ASEAN Charter should always be accompanied by exemption or exception to the path of liberation from the regional competition law which is a logical consequence of the free market of ASEAN in some fields.

Alla Y. Yastrebova

The article deals with the modem international legal backgrounds to regulate the status of migrant workers on universal and regional level, some scientific approaches to manage some types of the labour migration and the analysis of the forms of states’ cooperation in the above field. The author examines the particular elements of the acting international legal mechanisms of the labour migration’ regulation relating to the activities of the regional (sub-regional) integration organizations.

Li Li, Robert Scherpbier, Jing Wu et al.

Objective To examine the extent to which effective interventions to prevent unintentional child injury are reflected in the laws and regulations of China. Methods We focused on the six common causes of fatal child injuries – drowning, road traffic injury, falls, poisoning, burns and suffocation. We investigated 27 interventions recommended by the United Nations Children’s Fund, the World Health Organization or the European Child Safety Alliance. We searched China National Knowledge Infrastructure and Lawyee for Chinese legislations using keywords and synonyms for the 27 interventions. We reviewed the identified legislations for statements specifying the responsible implementation department. Findings Seven national laws, nine regulations of the State Council and 46 departmental regulations were found to relate to at least one of the interventions. Although seven of the 27 internationally recommended interventions were covered by Chinese laws, 10 were not covered by any current Chinese law or regulation. None of the interventions against drowning and falls that we investigated was covered by national laws. The implementation responsibilities for effective interventions were either not specified or were assigned to multiple governmental departments in 11 or 20 legislative documents, respectively. Conclusion In Chinese laws and regulations, interventions proven to prevent major causes of unintentional child injuries are underrepresented and the associated implementation responsibilities are often poorly defined. China should include all such interventions in laws and regulations, and assign implementation responsibility for each to a single department of the national government.

Andi Triyanto

Formulating the law of a case in the Islamic perspective must be supported on a complete understanding of the problem being studied and appropriate legal basis of the Qur'an and Sunnah, so that the resulting legal products benefit the world and the hereafter. This paper studies how to formulate the law raised the case of corruption in Indonesia. Corruption was chosen for being a latent danger and enemy with all religions and nations of the world, including Indonesia. The negative impact of corruption does not only count the number of the nominal rate but also the social impacts that can not be counted. Unravel corruption in Indonesia which has been widespread become urgent and important to find the best solution eradication. The fact that Indonesia is a unitary state which based on Bhineka Tunggal Ika, the law requires the formulation of corruption cases using a comprehensive approach to obtain appropriate legal products. The author uses the approach of sociology, anthropology, religion, geography, and economics (SAAGE). The approach is based on the need to strengthen synergies source which is base on “unity on diversity” law that has become the foundation of the state, for Islam as the religion of the majority of this is expected to be the direction and strategy of the renewal application of Islamic law in Indonesia

legalmeanings

Patrick Capps

The origins of the idea of the law of nations – the ius gentium – are not to be found in the early modern period. It was first articulated by Greek and Roman classical philosophers and jurists. In the Institutes of the Roman jurist Gaius (130–180), the ius gentium is closely associated with the ius naturale . “Every people”, Gaius wrote, “that is governed by statutes and customs observes partly its own peculiar law and partly the law common to all mankind. That law which a people establishes for itself is peculiar to it, and is called ius civile as being the special law of that state, while the law that natural reason establishes among all mankind is followed by all peoples alike, and is called ius gentium as being the law observed by all mankind.” [1] Gauis’s distinction between ius naturale and ius gentium lies in the notion that the origins of this law lie in human reason while ius gentium represents its application . [2] Roman law, however, also articulated a second sense of ius gentium . [3] In the ancient world, the law applicable to persons depended on the person rather than where they lived. Athenians were governed by Athenian law, while Romans were governed by Roman law. The problem was determining what law was applicable to a person (e.g., an Athenian) living within a Roman jurisdiction, especially when it came to his relationships with people of other jurisdictions. To address potential conflicts, a Roman body of law had emerged by the first century B.C. applicable to citizen and non-citizen alike and distinguishable from the ius civile (the law specific to a particular state). Following Rome’s in the West, Isidore played a major role in preserving and codifying Gaius’ concept of the ius gentium . In his Etymologiae, Isidore listed a number of institutions (such as peace treaties and the treatment of prisoners in wartime) that he regarded as belonging to the law of nations.

Jean Allain

As part of a Research Handbook, what this chapter seeks to achieve is to draw attention to an important phenomena which transpired during millennium between Antiquity and the Age of Discovery, that is: the creation and sustained existence of a self-encompassing, system of international law meant to govern relations of the Islamic world and its ‘other’. The chapter demonstrates that the Islamic law of nations took from its predecessors and, through acculturation, gave to those who came after it, so that the echoes of the Siyar, the Islamic law of nations, are to be recognised as having been heard in the development of the Christian law of nations continuing through to contemporary international law. What clearly emerges from this study is that much research needs to be undertaken to understand the Islamic law of nations which played out during the Middle Ages and its contemporary relevance both historically and normatively.

S. Neff

James J. Lorimer

J. Scott