Hasil untuk "Law of nations"

I. G. Lukiyantseva

INTRODUCTION. Due to the recent trend related to the use of information and communication technologies by certain states with the aim to assert their geopolitical superiority, study of the issue of attribution of responsibility for acts committed in the information space as well as possible of responses to such attacks becomes even more relevant. Therefore, in the article the problems related to international responsibility, particularities of attacks in information space and ways to attribute such attacks, as well as effectiveness of international law are analyzed.MATERIALS AND METHODS. The research examines treaties, international customs, general widely recognized principles of international law, as well as resolutions, materials and documents of specialized working groups, and doctrine. General scientific and specific scientific methods of enquiry (methods of analysis and synthesis, deduction, induction, dialectical and formal legal methods) were used in the preparation of the study.RESEARCH RESULTS. The result of the conducted research is the conclusion that it is impossible to effectively regulate issues arising from the issue of attribution of acts committed in the information space exclusively with the current international law. Therefore, there is a need to develop a relevant international treaty taking into account the provisions of the concept of the UN Convention on International Information Security. At the same time, in order to effectively attribute an act, it is important to take into account the political, technical and legal elements of attribution of responsibility.DISCUSSION AND CONCLUSIONS. The article considers approaches to the issue of attribution of attacks in the information space as well as of possible ways of responding to such attacks within the framework of current international law. The problem of possible application of international humanitarian law, especially issue of interpretation of “attack” for the purposes of attacks in information space was also examined. In addition, the author analyzes the provisions of the concept of the UN Convention on International Information Security.The author concludes that current international law is not sufficient for effective attribution of an act committed in the information space. Elaboration of additional international legal regulation that would take into account the particularities of the information space is required. It is also crucial to develop international cooperation in this area, including through the creation of a global register of contact points.

Deborah Oyine Aluh, Tella Lantta, Tânia Lourenço et al.

Background Several countries are currently revising or have already revised their mental health laws to align with the global movement to reduce the use of coercive care. No government has yet fully implemented the recommendation of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) to eliminate the use of coercion in mental healthcare. Consequently, the international field of mental health law and policy is in a degree of flux. Aims To describe the rationale, development and protocol for a project that will map and examine how mental health laws, policies and service capacity across European countries relate to the use of coercive measures, including involuntary admissions and treatment, restraints and seclusion. This will help to better understand the current situation and explore future directions of policies regarding coercive care. Method The project is being carried out under the purview of the European Cooperation in Science and Technology (COST) action network, entitled FOSTREN (Fostering and Strengthening Approaches to Reducing Coercion in European Mental Health Services). A multidisciplinary group of experts developed a comprehensive survey assessing mental health laws, policies and service frameworks, based on World Health Organization and UNCRPD recommendations. The survey was piloted in three countries, revised and disseminated to 30 FOSTREN country representatives. The survey will provide data for three strands of work on legislation, policies and service-level context. A comprehensive evaluation will be conducted, drawing on findings from all work packages. Conclusions The project could inform the development of strategies, interventions and legislation to address gaps and promote compliance with international standards.

Ruri Nathania, Erni Ekawati

This study investigates the effect of Environmental, Social, and Governance (ESG) scores on bank performance in five Association of Southeast Asian Nations (ASEAN) countries: Indonesia, Malaysia, Singapore, Thailand, and the Philippines. This study aims to examine the effect of ESG scores on bank financial performance and investigate whether the influence of bank ownership can strengthen both. This study uses a sample of 26 banks in 5-ASEAN countries during 2016–2021. This amount is the result of data sorting conducted on 86 banks by adjusting to the research sample criteria. Using multiple linear regression analysis, this study shows that ESG scores have a significant positive effect on bank financial performance as measured by Return on Assets (ROA), Return on Equity (ROE), and Price to Book Value (PBV). Furthermore, this study found that the positive impact of ESG scores on bank performance is stronger for state-owned banks compared to private banks. However, bank ownership does not affect the relationship between ESG scores and ROA. These findings suggest that law enforcement by the government through regulators plays an important role in encouraging banks to view ESG as a driving value to improve their performance.

Hazar Kusmayanti, Dede Kania, Dewi Sulastri et al.

Introduction:  The marriage law was carried out through a long process, due to, religions, or national interests. Marriages in Indonesia are not only based on the beliefs of official religions in Indonesia, but there are also marriages carried out by the Faith in God Almighty. One of the faith streams in Indonesia is the Sunda Wiwitan school. Purposes of the Research:  In this study, researchers were interested in examining magical religious practices in the marriages of the Sunda Wiwitan indigenous people of West Java. Methods of the Research: The approach method used in this study is normative juridical research through legal principles, legal systematics, legal synchronization, and legal comparison. Results of the Research: The results showed that the marriage practice of indigenous peoples who live the Sunda Wiwitan faith is still thick with its customary rituals, this is done as a process in fulfilling the practice of marriage as one of the important life phases for the Sunda Wiwitan community. The characteristics of marriage of indigenous peoples who live in Sunda Wiwitan in West Java, having the concept of marriage containing the meaning of the beginning of the single end so sawaji (initially one, finally so unified), Marriage must be monogamous which is approved by the parents of both parties and the prohibition of marriage for Sunda Wiwitan believers is to marry between nations (marrying people outside Indonesia).

S. Mahmood, M. Saeed, Z. Kılıç et al.

With surge irrigation, applying surges to an area is a cheap labor task. In industrialized nations, a variety of electronic valves for discontinuous water application (surges) are available; but their pricing prevents their usage in emerging regions. Additionally, these valves are too advanced for use by growers in underdeveloped nations. As a result, a basic Automatic Surge Gate was developed and tested in the labs to assess its effectiveness in terms of producing on-off surges. The reservoir was built to hold or collect low inflows for barrier functioning, and the gate was positioned on the suction side of the reservoir. Inflow rates, pinions, and poundage placements on the gate lever were the working parameters defined for the gate functioning. In the current investigation, three inflow rates 134, 169, and 187 l/s were employed. By leveraging the low inflows to the reservoir, the automatic surge gate demonstrated the possibility for automating the on-off action. The surge gate produced sizeable outflows even at the lowest inflow rate of 134 l/s into the reservoir. Power-law equations were discovered to be a good representation of the behavior in the statistical models that were also created using quasi statistical method.

A. K. Kagramanov

INTRODUCTION. This article elaborates on the idea of Professor Y.A.Reshetov, who published in the Moscow Journal of International Law a draſt convention on the right of peoples to self-determination. The draſt convention has been one of the first attempts to draw attention to the problem of the limits of self-determination in plural States, the forms of implementation and the main subjects of the right of self-determination. The purpose of the study is to develop the relevant ideas of Y.A.R.Reshetov, as well as to introduce new ideas, taking into account the evolving processes of realization of the right to self-determination in the modern world.MATERIAL AND METHODS. The study is based on international legal instruments, advisory opinions of the International Court of Justice, the jurisprudence of other international legal bodies and contemporary research of domestic and foreign scholars. The methods used in this study are: analysis, synthesis, induction, deduction, comparison, classification, systematization, prediction, as well as comparative and formal legal approaches.RESEARCH RESULTS. The territorial disputes resulting from ethnic, regional and local conflicts are among the most pressing problems in international relations. For any multi-ethnic State, including Russia, it is extremely important to have a genuine scientific awareness of the principle of equality and self-determination of peoples, adequate forms of its implementation, and structuring ethnic identity in the system of civil identity. Exploring for well-founded solutions to the matters involved will help consolidate world public opinion and ultimately develop an appropriate international legal mechanism under the auspices of the United Nations.DISCUSION AND CONCLUSION. The articles analyses the evolution of the idea of self-determination of peoples, the place of the principle of equal rights and self-determination of peoples in the system of basic principles of international law. The range of subjects of the right to self-determination, the specifics of secession, institutions of uti possidetis juris, and of delays in secession, as well as questions on the forms and criteria of self-determination of the principal subjects and the phenomenon of «unrecognized States», author draſted the relevant Declaration on the Right of Peoples to Self-determination and the Modalities for its Implementation.

Jacek Stochel

Operations under the auspices of the Security Council mandate span over 70 years. Repeatedly involved in resolving armed conflicts, they have made a significant contribution to ensuring security and stability around the world. In practice, they have taken the form of operations by individual states, coalitions, other international organizations or simply as United Nations missions composed of contingents provided by Troop Contribution Countries (TCC). While operations under the auspices of the United Nations have been involved on several occasions in offensive activities under Chapter VII of the Charter of the United Nations, and the question of responsibility for these actions has been the subject of many legal analyses and judgments, missions organized by the United Nations are always recognized as neutral, and their activities as conciliatory and focused on monitoring the cessation of hostilities, or supervising the disengagement between the parties of the conflict, with the use of force limited to self-defence. Thus, such operations benefited from legal protection, and any action against them was considered a violation of international law. The current engagement of United Nations goes far beyond the traditional understanding of peacekeeping operations. UN missions are frequently authorized to employ all necessary means, up to and including the use of lethal force or even neutralization of the armed group. This creates a situation where in the light of International Humanitarian Law, such actions can be recognized as involvement in armed conflict. This article is intended to show the problems that the international community will soon face to in using United Nations’ missions as an instrument for resolving armed conflicts and as a tool for restoring peace and providing stability and security in the area of operations. It presents the processes of decision-making and subordination, which in some circumstances might result in the United Nations missions being deprived of legal protection and, in addition, made liable for non-compliance with the provisions of International Humanitarian Law.

An. A. Gromyko, Al. A. Gromyko

A growing chaos in international relations in recent years has provoked an intense debate in political, expert and academic communities on the future of a world order in the 21st century. This debate focuses not only on the shifts in balance of power after the end of the Cold War but also on the erosion of the legal and normative framework of the world order. This essay makes a contribution to intellectual deliberations on these crucial issues. Representatives of two generations of the Russian international relations scholars – Anatoly Andreevich Gromyko (1932–2017) and Aleksey Anatol’evich Gromyko – share their views on major threats to international peace and outline key pillars to ensuring survival of human civilization. The essay examines such issues as arms control, with special focus on weapons of mass destruction; continuing importance of the institute of a nation-state in the context of globalization, growing interdependence and increased role of non-state actors; primacy of the rule of law over the rule of force, as enshrined in the United Nations Charter, and, finally, great powers’ responsibility for global governance and global stability. Exploring the prospects for a democratic world order the authors conclude that this idea is not completely utopian if the recurrence of the Cold War and zero-sum game logic is avoided.

Octávio Forti Neto

Abstract Latin American regional organisations (ROs) have been active in the area of citizen security for at least a twenty year-period. An important relationship between citizen security and the democratic consolidation of ROs’ official documents in the Latin American region has been unexplored. This leads us to the main question of this paper: ‘What has been the role of ROs with a formalized level of citizen security cooperation in the democratic consolidation?’ To answer this question, this research was based on two case studies: The Central American Integration System (SICA) and the Union of South American Nations (UNASUR) between 2008 and 2018, the period during which both organizations acted in the area of citizen security. The methodology used in this research was process tracing and comparative process tracing. Its results indicate that organisations developed a vision of how cooperative actions in citizen security can promote the consolidation of democracy by strengthening the rule of law. However, actors are sceptical of the ability of ROs to succeed, given the lack of political interest and the deficit of resources, that are major barriers for them to achieve great success in the citizen security field and, consequently, in the consolidation of democracy. The conclusion is that the analysed ROs produce a lot in terms of documents, but do little in achieving their ambitions, hence constituting, in and of themselves, a reflection of the flaws of the Latin American regionalism.

César Augusto Cichelero, Caroline Ferri, Eduardo Brandão Nunes

The paper presents the Separation of Powers as a principle. It means that it is one of several possible political choices. We take this conception and then we aim to explain how it develops with relevance in a Rule of Law and its procedures. It was analytically perceived that such conception is idealized because it fails to address practical problems.  The main problematic confronted is in relation to the activity of the Judiciary, exemplified through Brazilian conflicts between the different powers, in this paper we approach, for this purpose, the vaquejada case. In order to try to overcome such problems, the presented hypothesis is that a dialogic theory can provide some answers by promoting dialogue through equilibrium and partnership between the powers and citizens.

Syahmin AK, Fidelia Fidelia

The term of illicit firearms trafficking used by the United Nations is a movement of illegal trade in firearms controlled by organised criminal groups. Such movement specifically in ASEAN region is against national and regional laws. Hence, the growth in illegal firearms trade increases concern to the Southeast Asian countries. The article aims to examine effort to eradicate illegal firearms trafficking in ASEAN countries. Statute method combined with case approach in Southeast Asian Countries is employed in this research. The findings of the research indicate that the ASEAN countries have utilized diplomatic means namely the ASEAN Regional Forum (ARF) and the establishment of ASEAN Police (ASEANAPOL). These forums propose by ASEAN Political-Security Community (APSC) in a way to coordinate among the chief of national police of ASEAN countries including, inter alia, law enforcement policies, criminal courts and transnational crimes to combat crimes committed in the ASEAN region. In fact, the effectiveness of the APSC is still in question because the illicit firearms trafficking cannot be demolished.

Serzhena Zhigmitovna Dugarova

Legal anthropology studies of the institution of marriage and family focusing on sources and form of matrimonial law have featured conflicting conclusions. In scientific literature the disputes among researchers are settled by defining one’s views on the theory of customary law. The article contains analysis of institution of marriage and family under customary law of medieval Mongolia. In traditional Mongolian society the oral rules of customary law that defined the foundations of social order and reflected the nomads’ world view were never altered, even in the era of big changes. Customary law that regulated such an important part of society as matrimonial relations was eagerly protected by society and the state. Written records of matrimonial norms were caused by exceptional circumstances. Dictations of the nomadic state were intended whether to anchor social reformations for the benefit of the state or to defend the social values depreciated by new environment. The analysis allowed to conclude consistency and features peculiar to marriage and family evolution under Mongolian customary law as part of law and the legal system of the Mongolian state. Purpose: to analyze the institution of marriage and family of medieval Mongolia under Mongolian customary law. Methodology: the comparative method, the dogmatic method: analogy, analysis, synthesis. Results: the characteristics of the development and validity degree of statements on the history of marriage and family law of medieval Mongolia put forward in the scientific literature. Application of results: the results obtained can be used in the preparation of general works on the history of nomadic nations and the history of the Mongolian state and law.

Muhammad Rifa'i

The death penalty is a polemic in the discourse of law and human rights in today's modern world. This is because there is a presumption that the death penalty was considered inhuman punishment. Therefore, the United Nations International Covenant megeluarkan on Civil and Political Rights (ICCPR) as a global treaty that restricts the execution of the country that still has the death penalty. It was considered a solution to keep kelansungan human life includes the right to life, freedom, and human beings have the right to determine his life. View as it affected the Islamic law that still impose the death penalty is deemed to violate human rights. Therefore, the author tries to find common ground between the ICCPR and the fundamental Islamic law. ICCPR and Islamic law possessed the same goal is to maintain public order, protect the whole of society and the state, and yet both of these elements possessed a different approach.

R. Sauer

R. Münch

H. Mann

R. Michalowski, Ronald C. Kramer

H. Ross

T. Buergenthal

Christopher Greenwood