Hasil untuk "Law of nations"

Ashish Joshi, Laura Magana, Kun-Hsien Tsai et al.

Public health diplomacy addresses global challenges impacting societies, economies, the environment, and health by integrating foreign policy and development. The University of Memphis School of Public Health hosted a multistakeholder summit to identify strategies and competencies essential for effective public health diplomacy. A 3-day summit included 29 participants from 15 countries, representing the WHO, the World Federation of United Nations, and seven regional public health associations. An iterative human-centered design (HCD) approach and concept mapping were employed to facilitate discussions and generate actionable recommendations. Developed a working definition of Public Health Diplomacy emphasizing cross-disciplinary collaborations, communication, negotiation, and consensus building. Produced a 9-point action plan to establish a global framework, launch capacity-building initiatives, and institutionalize public health diplomacy as a public health discipline.

Luis Meliante Garcé, María José Portillo, Catherine López et al.

El vínculo entre la literatura y el derecho no ha sido prácticamente explorado en Uruguay y menos aún su conexión con el surrealismo. Si bien esta relación aparece inicialmente lejana, se reconocen obras que permiten un análisis desde esta perspectiva. Este trabajo estudia el cuento «María del Carmen» de Francisco Espínola y pretende, en primer lugar, ampliar el espacio de reflexión acerca de la potencialidad de la relación entre el derecho y la literatura y, en particular, con el surrealismo como expresión estética de vanguardia. A partir de este objetivo, se estudian las siguientes temáticas jurídicas: el género, la justicia por mano propia, el consentimiento en el matrimonio y sus resoluciones surrealistas, en definitiva, la ausencia del derecho y el conflicto entre principios. Es decir, se responderá la pregunta: ¿es posible llamar a reflexión sobre fenómenos jurídicos desde una mirada literaria surrealista?

E. B. Kirillova

INTRODUCTION. This article provides a compre­hensive analysis of the regulatory frameworks govern­ing the information technology (IT) sector in both Russia and Sweden and encompasses a comparative assessment of key legal instruments, concepts, and regulatory approaches, including the responsibility for cybercrimes, licensing procedures, standardization practices, and the safety of critical informational in­frastructure. Additionally, this article examines the roles and functions of major governing authorities in both countries.MATERIALS AND METHODS. The article is based on relevant legal acts of Russia and Sweden. While there are certain specific laws focused entirely on the informational technologies, some provisions can be found in other types of legal documents (for example criminal codes or governmental regulations). Employ­ing a comparative approach, the study delineates the scope and authority of state institutions involved in the IT sphere.RESEARCH RESULTS. Both Russian and Sweden exhibit similarities when it comes to definition of es­sential concepts such as critical infrastructure, reflect shared concerns regarding for example security issues. Main laws in the area of information technology con­tain a spectrum of key terms, including but not limited to information and communication network / elec­tronic communication network, information system operator, and information protection / network and information system security. Although the list of key definitions may appear quite similar, the Swedish leg­islation tends to offer broader definitions with the in­tention of encompassing larger domains within IT technologies, while the Russian legislators focus on more specific terms. However, while Sweden aligns closely with European Union (EU) regulatory frame­work, Russia adopts a more expansive approach, ad­dressing emerging technological challenges such as AI. In conclusion, achieving effective IT regulation neces­sitates finding a balance between international con­sistency and national adaptability to ensure strong cybersecurity, foster innovation, and maintain regula­tory flexibility in a dynamic digital environment.DISCUSSION AND CONCLUSIONS. Sweden’s re­liance on implementing EU regulations has its benefits such as harmonisation, interoperability, adopting the internationally recognised practices, easier market ac­cess, etc. However, this approach may limit the coun­try's ability to meet its specific needs and may mean additional administrative burdens associated with compliance with EU directives. Moreover, changes in EU regulations could lead to a necessity to update do­mestic laws, potentially causing regulatory vacuum or legal collisions, especially in such sphere as the IT sec­tor. Nowadays, when for example the AI and its risks are on the daily agenda one can not look away and wait for the international community to agree on the applicable regulation.

Elizabeth Gibson-Morgan

The legal uncertainties and legal disputes raised by Brexit have indirectly led to a growing use of judicial review and a more assertive judiciary. The tenth anniversary of the United Kingdom Supreme Court (UKSC) – officially set up in October 2009 – was a time to look back on its work reflecting on some of its key rulings as well as on its constitutional position. A special series of lectures were delivered by a judge from each of the four nations - represented in the Supreme Court – in November and December 2019 to reflect on the court’s work over the last ten years (2009-2019). The first Welsh speaking judge of the UKSC David Lloyd-Jones entitled his lecture “Wales: Law in a small nation.” That very year Brexit gave proposal to “ensure that it [judicial review] is not abused to conduct politics by another means or create needless delays” – as written in the 2019 Conservative manifesto. Such a proposal, they fear, would seriously undermine judges’ check on the lawfulness of the acts and decisions of the executive as well as judges’ authority.

Saktiawan P., Budiono A.R., Madjid A. et al.

Extraordinary crimes are crimes against conscience, against human values, and capable of threatening world peace, security, and prosperity. The concept of this crime is based on the concept of international law and then modified according to the needs and formulation of crimes that exist in Indonesia into human rights crimes, narcotics crimes, and crimes against child sexuality. In the United Nations Convention Single Convention on Narcotic Drugs, 1961, and also in the United Nations Convention against illicit traffic in narcotics and psychotropic drugs in 1988, both conventions state that narcotics crime is an extraordinary crime. Against narcotics crimes, the Indonesian government carries out the function of criminal policy through the means of penalization in Law Number 35 of 2009 concerning Narcotics which applies criminal sanctions imposed for drug abuse, namely imprisonment, fines, and even the death penalty. For Narcotics addicts and Narcotics Abuse Victims, it is the person who must be helped, the help here is the rehabilitation process itself, namely medical rehabilitation and social rehabilitation. The application of an integrated assessment towards the determination of rehabilitation is alternative law enforcement with a restorative justice pattern against abusers, victims, and narcotics addicts. This research is legal research using a normative juridical approach, the data used are primary data and secondary data which are analyzed using quantitative analysis.

Sari Anggaini, Kurniawaty Iskandar

Recently, some cases of human rights violations in immigration detention centers across Japan have attracted worldwide attention. Those inhumanely considered cases necessitated the United Nations expressing an opinion through the United Nations Working Group on Arbitrary Detention. This study found that ingrained ideologies of homogeneity in Japanese society give rise to immigration policies that tend to hinder the integration of immigrants into Japanese society. This research looks at three main areas: first, how the ideology of homogeneity led to prolonged immigration detention in Japan; second, whether immigration detention in Japan violates international human rights law; and, finally, the guarantee of human rights protection for detainees in Japan. a qualitative research method using a literature review to describe how ethnic homogeneity causes prolonged immigration detention in Japan that is against international law through an institutional frame.

Borys Babin, Andrii Chvaliuk, Olexiy Plotnikov

This article is devoted to establishing the real situation with the legal protection mechanisms for maritime ecosystems adjacent to the Crimean Peninsula and to elaborate the relevant proposals. Its authors reflected and analyzed the framework on the current interstate conflict-related challenges to the ecology of the Black Sea and Sea of Azov. Researchers watched the current proceedings that Ukraine initiated in this area and proposed additional legal and organizational steps for Ukraine and other civilized nations to improve the ongoing situation. Article proves that the current mechanisms of the international human rights and ecologic law are not well applicable to those issues as they do not include the preliminary consent of other conflict’s State party. Article reflects the key challenges for maritime environment, including uncontrolled fishing, discharge of sewage from coastal cities, significant pollution due to the Black Sea Fleet activities, pollution due to the uncontrolled operation of drilling facilities, destruction of unique Karkinitsky and Kalamitsky bays’s seabed, pollution of those bays by Northern Crimea’s chemical industry, desalination plants’ construction in the peninsula, artificial usage the external borders of the Crimea-adjacent marine protected areas for Russia’s territorial claims spreading. The mechanisms, established by the international maritime law, used by Ukraine since 2015, like Case No. 2017-06 “Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait” in the ad hoc Arbitrary Tribunal regarding the United Nations’ Convention on the Law of the Sea, 1982 are not too effective in the environmental issues. Article pointed that in this Case No. 2017-06 Tribunal rejected own jurisdiction to the Ukraine’s conventional demands as coastal State for the Crimean Peninsula, including the relevant issues of the maritime ecology. Authors propose to start preparations on Ukraine’s next usage the mechanisms, established by the UN Convention on the prohibition of military or any other hostile use of environmental modification technique, 1976. Relevant risks and possible results of such eventual usage were evaluated in the article.

Anna Herranz-Surrallés

The global investment regime is a prime example of the so-called ‘politicization beyond the state.’ Investment agreements with an Investor–State Dispute Settlement (ISDS) mechanism have become contested in several corners of the globe, triggering a widespread reform process encompassing national, regional and multilateral levels. This article examines the consequences of this confluence of politicization processes, focusing on the European Union (EU) and two key venues of ISDS reform: the United Nations Commission on International Trade Law (UNCITRAL) and the Energy Charter Treaty (ECT). Combining different strands of politicization literature in International Relations and Political Science, the article advances a nuanced conceptualisation of the institutional consequences of politicization that goes beyond a deepening/decline dichotomy. Instead, the article examines whether and how politicization generates ‘authority shifts,’ either through a vertical move between international and national levels; and/or through a horizontal recalibration between public and private forms of governance. The article argues that although the EU’s initiative for global ISDS reform intended to rebalance public and private authority while strengthening its international character, the on-going reform processes at the UNCITRAL and the ECT may eventually lead to a (partial) dismantling of international authority.

Joanne Faulkner

Drawing on Alexis Wright’s novel The Swan Book and Irene Watson’s expansive critique of Australian law, this article locates within the settler–Australian imaginary the figure of the ‘wounded Aboriginal child’ as a site of contest between two rival sovereign logics: First Nations sovereignty (grounded in a spiritual connection to the land over tens of millennia) and settler sovereignty (imposed on Indigenous peoples by physical, legal and existential violence for 230 years). Through the conceptual landscape afforded by these writers, the article explores how the arenas of juvenile justice and child protection stage an occlusion of First Nations sovereignty, as a disappearing of the ‘Aboriginality’ of Aboriginal children under Australian settler law. Giorgio Agamben’s concept of potentiality is also drawn on to analyse this sovereign difference through the figures of Terra Nullius and ‘the child’.

Karolina Dobrowolska

Sexual and Reproductive Health and Rights at the United Nations and Their Doctrinal Background Summary The concept of sexual and reproductive health and rights still remains unclear in the international law regime. Despite the fact that during the United Nations International Conference on Population and Development in Cairo (1994), all UN Member States agreed that the term sexual and reproductive health and rights does not contain the “right to abortion,” one can observe continuous attempts to renegotiate the established consensus. The discussion on SRHR is exerting a great impact on the policy of international organizations and therefore it has a potential to create obligations on their Member States. The aim of this article is to present the history of the concept of “sexual and reproductive health and rights” and to analyze it in two aspects. First, the article elaborates on the doctrinal and ideological connotations of SRHR construction. It shows how the SRHR construction derives from feminist theories that regard the spheres of procreation and sexuality as the main sources of inequality between men and women. Second, the article shows how feminist concepts of human sexuality have influenced and shaped the legal constructions of international treaties under the UN auspices.

Roberto Formigoni

John Paul II in the European Parliament in 1998. The promotion of human values, the European roots and the defense of European identity Pope John Paul II’s speech, which was held on 11 October 1998 in the European Parliament, struck the listener with its clarity and breadth of argument and also with its indication of the future development of the continent, predicted by few people. The Pope spoke to the representatives of the European Community which at that time consisted of twelve member states. Europe was still divided by the iron curtain; the concept of Central Europe practically ceased to function in the West, and Eastern Europe was rarely and faintly distinguished from Russia. John Paul II did not hesitate to emphasize that other nations should join those nations that were already represented in the European Parliament, especially the nations of Slavic Europe, the second lung of our common fatherland – Europe. He expressed a desire that a day might come for the European Community to extend, by embracing sovereign and free institutions, the boundaries which were defined not so much by geography but by history. By recommending such a direction he emphasized that the culture inspired by the Christian faith deeply influenced the history of all European nations, from Greeks and Romans to Germans and Slavs, despite various historical vicissitudes and above all social and ideological systems. Thus he opened the perspectives for the integration of Europe, perspectives which were nebulous for the Western political class and ones which were rooted in Christianity. However, the unification of Europe was brought about by ignoring the concepts promoted by the Pope, as was the case with the construction of a new entity in the form of the European Union. The Pope above all saw Europe, the continent which was deeply influenced by the Christian tradition, as a first-rate driving force to promote human rights in the world. He perceived a potential in the fostering of natural law which was based on truth and justice and which was the cornerstone of the law-based state. John Paul II clearly emphasized in the European Parliament that two visions of perceiving the world and mankind emerged in the modern world, visions which continued to struggle with one another: the Christian concept (the vision of the faithful) and the vision of the supporters of agnostic, frequently atheistic humanism. On the level of politics, two different distortions of reality emerge from these two contradictory visions of the world. According to certain secular ideologies, the realization of personal and political freedom is conditioned by the marginalization or annihilation of religion. According to certain believers, life lived according to the tenets of faith could not be possible without a return to the ancient order (render onto God that which is God’s, render onto Ceasar that which is Ceasar’s), which is frequently idealized. Neither of these visions brings solutions compatible with the Christian message and spirit of Europe. When personal and religious freedom are fully ensured, faith increases and reaps fruit associated with the challenge presented by the non-believers. Atheism in turn must assess its strength and limitations in the face of the challenges offered to it by faith. On the basis of the aforementioned analysis, John Paul II offers a serious alliance between the believing and non-believing Europeans in the name of promoting human values. He also pointed out that when the religious and Christian layer of the continent, its role and nature as an ethical inspiration and social efficiency is marginalized, not only is the entire heritage of the past rejected but the future of the European person as a human being, either believing or non-believing, would be questioned. Europe, strengthened by such an alliance, united in the near future, open to the eastern part of the continent, kind to all needy people, should renew its function as the beacon and guide in the work of civilizing the world and to contribute to the bringing about of the reconciliation between man and his Maker.

R. Sh. Garipov

This article examines the provisions of the Declaration on the Rights of Indigenous Peoples which was adopted by the UN Human Rights Council on June 29, 2006 and was ratified by the UN General Assembly on September 13, 2007.This document proclaims cultural, religious, educational and other rights of indigenous peoples. The Declaration allows the indigenous people to participate in the political and social life of their country’s community. It fixes the right of self-determination, which means that indigenous people can establish their own political status and economic, social and cultural development. They have the right of autonomy and self-government in their domestic issues.The document states that indigenous people should be protected against violent assimilation and violent deportation from their lands and also from any other discrimination. Indigenous people can keep their traditions, language; they should have access to their sacred places. Indigenous people can create their own media services in their native language; they can keep their own traditional medicine and so on.But the main part of this document is the proclamation of indigenous people’s land rights. Article 26 of the Declaration allows indigenous people to hold their native land and its natural recourses.After the analysis given in this article the author arrives to the following conclusion: the Declaration as a result of more than two decades of negotiation emphasizes that indigenous peoples’ control over their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions and to promote their development in accordance with their aspirations and needs.

L. P. Anufrieva

The author of the afore-referred edition, being Doctor of Laws, Professor, occupies the post of the Head of the Chair of International Law of the Diplomatic Academy, Ministry of Foreign Affairs of Russian Federation.Notwithstanding the point that through the last years within Russia a substantial quantities of special publications related to the International Economic Law have been emerging on rather regular basis, the effective, fundamental and system analysis of the International Economic Law issues realized from the stand of the Law theory (including International Law theory) leaves a lot to be desired.Unfortunate fact, but actually Russian legal science in the most of cases is represented by textbooks and casebooks which is proper as well for the field of the International Economic Law Just the same gender is immune to the edition commissioned by prof A A Kovalev.In the Introductory Note to the textbook it is stressed out that the item was in its essence deemed for use to require the educational objectives, however it is not to be construed as an obstacle for using by the practitioners, i e those who being the members of state authorities staff, have the powers to formulate and affect the public interests pursuing in the field of international economic relations: both scholars or public executives, specialists in the theory of law, etc.The book reflects the growing complexity of the international economic relationships from the one hand, and appearance due to this of certain legal problems in the International and Municipal law systems – from the other side Having differentiated the two notions, namely: «international economic law» and «international economic activities», – the author does seek by the same very important target – to demonstrate prima facie, that the international economic activities are consisted not only of the acts and deeds of public entities (those international and municipal having the interstate nature), but also private subjects of law (natural and moral persons including transnational entities or multinational companies, their consortia, etc ); it is to be shown, secondly, that the International Economic Law is capable to regulate only certain quantity of the international economic relationships, entered into the general notion of foreign economic activities, and thirdly, that between the regulation of foreign economic activities formed by the relationship where the private subjects of law are involved, and the same which consists of public relationship (mostly between the state-powers), there is no «Chinese Wall».

Hans Morten Haugen

Phosphate, fish and possibly oil and gas all constitute important natural resources found on the territory and in the waters of Western Sahara. The importance of these natural resources must be recognised in order to understand the stalemate in the attempted process of decolonisation from Morocco which has been going on for more than 30 years. The article analyses the ‘resource dimension’ of the right to self-determination, as recognised in human rights treaties and in Resolution III of the UN Conference on the Law of the Seas, as well as several resolutions from the United Nations General Assembly. If the resources are exploited in a manner which does not benefit the peoples seeking to enjoy the right to self-determination, such exploitation is illegal. The article shows that the current exploitation takes place in a manner contrary to the interests of the local population, the Saharawis. The article also demonstrates that recent license agreements with Saharawi authorities in the field of oil and gas, signal a potentially new and constructive approach by international corporations.

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