Hasil untuk "Law of nations"

J. Stiglitz

Z. Bauman

David Held

Lawrence Lessig

Cenap Çakmak

Patrick Carty, Alan P. Diduck, Ryan Bullock

Indigenous groups across Canada continue to regain sovereignty over their traditional territories and this research focuses on their involvement in Manitoba’s forest sector. A large proportion of First Nations in Manitoba are forest-based, and there is a revitalized opportunity and vigor for these communities to build successful and sustainable forestry initiatives. This paper identifies the barriers and enablers that Indigenous groups can experience with respect to federal and provincial forest policies. A policy scan was employed to determine impactful federal and provincial policies, address gaps in the policy framework and provide recommendations for future policy makers and users. Semi-structured interviews with members of three First Nations and Indigenous forestry experts shed light on the enablers of and barriers to Indigenous forestry prospects in Manitoba. Given the historical lack of Indigenous inclusion in Manitoba’s forest policy regime, the success of Indigenous involvement in the forest sector will hinge on increased collaboration with governments and industry, enhanced sharing of revenue from forest resources, provincial reform of forestry law and policy that do not explicitly address Indigenous rights and interests, and funding programs that address the economic and logistical barriers associated with developing Indigenous forestry initiatives.

Anne-Marie Slaughter

A. Kh. Abashidze, O. K. Goncharenko

INTRODUCTION. The institute for the protection of women both at international and national levels taking into account the ongoing discussions on the term “gender” is considered in the article. The authors examine the distinction between concepts “sex”, “gender” and “gender identity”, enshrined in international legal acts and documents, the States’ positions and approaches to their use, including on the example of the implementation of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, better known as the Istanbul Convention.MATERIALS AND METHODS. During the research the authors used different international legal documents, including international treaties, recommendations of the United Nations treaty bodies, reports of the special rapporteurs and international experts, outcome documents of international conferences, as well as doctrinal sources and national legislation of foreign countries. The study was carried out based on general scientific and special scientific methods. The methods of legal modeling and forecasting were widely used in the analysis in order to define prospects for possible future studies and development of international human rights law on the protection of women from violence and domestic violence.RESEARCH RESULTS. Demonstrating different approaches to understanding the term “gender” in protecting women from violence and domestic violence, implemented by international organizations and States, the authors examined factors that influence the position of national authorities of a number of countries when considering the possibility of accession or ratification of the core international legal acts in this area on the example of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence.DISCUSSION AND CONCLUSION. The authors came into conclusion that the problems of violence against women and domestic violence should be viewed through the lens of gender equality concept, which does not entail the elimination of biological differences between two sexes and does not encourage women and men to change their social roles. The article stresses the need for an internationally agreed definition of the term “gender” in order to strengthen the legal and institutional mechanisms for a more efficient practical implementation of measures to combat violence against women and domestic violence.

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A. Guzman

Nancy Noemí Guerrero Muñoz

El Estado de derecho se erige sobre un conjunto razonado de valores y principios que se amparan en torno a un principio supremo: la dignidad de la persona. Con ello se debe entender que la persona como ente complejo nunca puede perder el valor de la dignidad, y toda institución que regule la vida de las personas debe salvaguardar este valor. La pena no es la excepción, pues su aplicación no debe ser eximente del tratamiento digno del reo y por ello su fin supremo es justamente la reinserción a la sociedad de aquel que ha quebrantado el statu quo legal. El presente artículo no solo realizará un recuento exhaustivo histórico de la pena y el tratamiento en el Perú, sino que confrontará, a la luz de las cifras, qué tan efectivo es el sistema peruano para lograr aquello que es obligación según nuestro ordenamiento constitucional: garantizar la reinserción y la resocialización del interno.

Antonio Prado del Santo

The present draft bill issued by the Spanish State on democratic memory has yet to abolish or reinterpret the Amnesty Law of 1977. As a consequence, this law continues to act as a full stop law, despite the disapproval of the United Nations. By leaving Francoism unpunished while pretending to honour its victims, the Kingdom reveals that its memory has, precisely, a democratic limit : the Republic. In contrast with this equidistant, monarchic, and national account of the war of Spain and its consequences, I point out the value of another democratic memory that competes for legitimacy : the Republican, antifascist, and internationalist one. With this in mind, I offer a Benjaminian reading of the Republican testimonial literature that looks back on the geopolitical connection of the War in Spain with the Second World War : their retreat to France, their stay in the French camps and their participation in the French Resistance

Ming-Sung Kuo

This paper aims to rethink the idea of constitutional renewal through a dissection of Richard Albert’s ground-breaking concept of constitutional dismemberment. It is contended that under the rubric of constitutional dismemberment are two exceptional constitutional phenomena: the ought-to-be declared nullity of unconstitutional constitutional amendments and the legal unity-defying, extraconstitutional expression of what Hannah Arendt called “natality” in political action. The thesis is that attempts to tame revolutionary constitutional alteration with designed rules as to formal constitutional change as Albert’s illustrates are missing the meaning of constitution-making for a natality-driven constitutional renewal characteristically defies designed constitutional form. The concept of constitutional dismemberment is first dissected in light of Arendt’s idea of natality. With constitutional dismemberment unpacked, it is further observed that the constitution-making transmutes into the formal pronouncement of a new codified constitution in Albert’s rigid tripartite classification of constitutional changes into amendment, dismemberment, and enactment. Albert therefore inadvertently reduces constitution-making to the formal enactment of a new codified constitution with constitutional natality dismembered and constitutional renewal hollowed out. It is concluded that Albert’s formalistic conceptual framework of constitutional change reflects the centrality of comparative written constitutions in the place of comparative constitutional phenomena in current comparative constitutional studies.

Lucía Casado Casado

Este trabajo se centra en el estudio del Pilar Europeo de Derechos Sociales, aprobado recientemente en el seno de la Unión Europea. Con esta finalidad, tras una breve introducción que sitúa el objeto y el contexto del trabajo, procede a analizar, en primer lugar, el proceso de gestación de este Pilar, desde sus primeros pasos, en septiembre de 2015, hasta su aprobación mediante una Recomendación de la Comisión en abril de 2017 y su proclamación, conjuntamente por el Parlamento Europeo, el Consejo y la Comisión, en noviembre de 2017. En segundo lugar, examina en profundidad las razones que subyacen a la aprobación del Pilar Europeo de Derechos Sociales, sus objetivos y su contenido, destacando en especial sus principales aportaciones y novedades y sus limitaciones. En tercer lugar, repasa las principales acciones emprendidas a nivel europeo tras la aprobación del Pilar, con el fin de hacer efectivas sus previsiones. Por último, el trabajo se cierra con unas consideraciones finales, en que, a la luz de los datos proporcionados, se realiza una valoración de este instrumento, de su potencialidad y de sus limitaciones, en el seno de la Unión Europea como vía para fortalecer su dimensión social.

Naser Osman

I devoted a small amount of research on Islamic arts to the study of Islamic arts in the Ottoman era. My interest in the Ottoman Islamic arts has been for many years. This interest enabled me to know the artistic and aesthetic value of this art and to explore the innovative and creative aspects of it.  This opportunity provided me with the opportunity to access many of the works and researches of Ottoman art, especially those of a generation of pioneers such as Jalal As'ad Arsafan, Oqtay Aslan Aba, Uznaz Ouz, Hasan Al-Basha, Rabeeed Hamed Khalifa, Suad Maher, etc. Turkey occupies great importance in both East and West. It enjoys a strategic location distinguished between Asia and Europe. It takes the form of a rectangle representing a geographical area between Europe and Asia with an area of ​​452 and 779 thousand square kilometers, of which 688 and 755 thousand kilometers are located in Asia. This area is Anatolia and the remaining area is 764 and 23 thousand kilometers A square located in Europe, a region of Thrace.  Turkey borders the north-west of Bulgaria and Greece, the Black Sea to the north, Georgia to the east, Armenia to the east, Iran to the Azerbaijani region of Naxikan, southern Iraq, Syria to the Mediterranean and the Aegean to the west. Turkey is the official religion of Turkey. Turkey is a pivotal regional country with a strategic location which is of great importance on the map of the world. It is the heir to the Ottoman Empire, the largest Islamic country that lived for a long period of time extending to six centuries (13th - 19th centuries) Three continents and their conquests represented a form of globalism in Asia, Europe and Africa, which extended to Vienna in Europe. As for the subject of the study, which is the development of the decoration of Ottoman carpets (8-12 / 14-18), Ottoman carpets are a distinct school among Islamic carpet schools. It enjoyed a distinguished position during the 8th-12th / AD 14th-18th centuries. This status was not confined to the Islamic world but also extended to Europe. This is in addition to knowing the technical characteristics of these two types (decorative and industrial) as well as tracking the change in the technical methods during the various stages as the era of Sultan Suleiman legal era of the golden Ottoman Empire of the Islamic architecture and the Ottoman Sultan during the reign of Sultan Suleiman law during the most eras of science and thought And literature and philosophy has reflected the features of wealth on the role of existing science and the next established universities, colleges, hospitals and charitable endowments and a role for talk and offices for young women has seen the first time in Istanbul cafes, which was frequented by the educated and intellectuals Waha Without scientific discussions. As well as the obvious progress in the use of modern scientific methods in the manufacture of carpets in general and Ottoman carpets in particular. Conclusion and results First conclusion Presented in my research Islamic arts in the Ottoman era. Through the study of the evolution of the decoration of the fabric and carpets Othman in the period of the century (8 AH to 12 AH / 14 AD - 18 m) and most of these arts was a mirror that reflected clearly, and ratified the various technical stages experienced by this important branch of Islamic art over five centuries . According to the rules of scientific research and the methodological steps to prepare research, research and research usually ends with a harvest of results. The value of any research and its importance depends on the issues raised by the study and its questions emerge from new studies. This allows researchers and specialists to contribute to enriching the science and New realities, as well as shed more detailed light on various phenomena and deepen understanding of multiple problems. And my choice of theme (the evolution of textile decoration and Ottoman carpets in the period of the century (8 e to 12 e / 14 m - 18 m) is a period of time I wanted to be enriched by scientific research. In the eighth century AH (14 AD) we noticed the obvious impact of the art of the Seljuks of Anatolia (Seljuks of the Romans) on the Ottoman arts, noting that the collapse and fall of the Seljuk state of Anatolia in Konya did not lead to the disappearance of their art. In the period of the ninth century AH (15 AD) and especially during the last decades of the Iranian influences began to appear clearly in the Ottoman art applied especially Timorese techniques, and therefore this period represents the Timurian style in Ottoman art. These influences continued to find their way into the country and became more evident during the first half of the 10th century AD as a result of the migration of some Iranian artists to Anatolia and the bringing of some sultans of the Ottoman Empire to a group of artists from Iran, especially from the city of Tabriz to work in the Ottoman court. This period also witnessed the emergence of some Mamluk influences in Ottoman art, especially after the annexation of the Levant and Egypt to the possession of the Ottoman Empire and the transfer of a group of craftsmen and craftsmen to Istanbul, as well as the transfer of many Mamluk artifacts to the vaults of the Ottoman palaces. If we leave the first half of the tenth century AH (16 AD) and moved to the second half of this century, it is noted that the Ottoman art has turned to a new and innovative character, whether in the form or decoration or designs and decorative designs or colors or industrial methods. The artists were able to create molds and artistic frameworks that became the embodiment of the Ottoman art. Over time, there are technical rules that all the craftsmen work through, with the opportunity to diversify and change in some cases. This may explain to us a few of the signatures of the craftsmen on Ottoman artifacts compared to others. From other Islamic artifacts. The period of the eleventh century AH (17 AD) is an extension of this period, which was witnessed at the end of the 12th century AH (18 AD) influenced the Ottoman Islamic art trends in art in Europe, especially those derived from Baroque and Roccoan art printed Osmani. As for the textile industry, it was woven in the Ottoman era, as we explained different types of fabrics, some of which appeared for the first time, such as silk, silk, hattai, and alaga, and the decorations of the royal fabrics were particularly luxurious, embroidered with gold and silver threads. In fact, the production of textiles in the Ottoman era was of great economic importance. Many woven and embroidered silk fabrics constituted a large part of the volume of the country's exports. The tapestry industry is considered to be one of the most successful and successful artisans in the Ottoman period. Ottoman Turkey achieved a clear advantage in this area, which brought it to Iran, which is famous in the carpet industry. It is noted that most of Turkey's Ottoman production of carpet is small-sized species, which were usually used for prayer. Second, the results I ended my research with several results: 1- Arts is a link between different peoples Each people is influenced by the arts of other peoples that relate to or affect them. 2- This influence and vulnerability vary in strength and weakness depending on the circumstances under which the people live. 3- From here we noticed that the Ottomans before settling in Asia Minor had contacted the Iranians and the Chinese and there is no doubt that they were influenced by the arts of these two nations. 4- Ottoman conquests in the East and West and the contacts of the Ottomans with the civilizations of the country which subjected them to their authority and the use of the artists of this country in their works of art. 5- The Iranian element was the most powerful element that influenced the Ottoman arts, which can be said that the Ottomans were Turks in their race Iranians in their culture and could not get out of Iranian culture only after a long time on their backs on the stage of history. 6- meant the sultans of the Othman first on the use of the Iranian language has been imposed some of them poetry and mention, for example Sultan Mohammed Al-Fatih and Sultan Selim I, who said poetry in Iran. 7- The direction to output a new composition of borrowed items and give it a new spirit. 8- The Ottomans played a prominent role in Islamic art and immortalized in its record the pages of bright 9- Studying the Ottoman buildings that still exist in Istanbul and other cities of the Islamic world. Studying Ottoman artifacts distributed among different museums.10- 11- The Ottomans were influenced by the technical methods that flourished in Syria, Egypt, Byzantium, Iran, and the island, but they realized that they were spread in a harmonious and harmonious pattern in which the art world appeared. 12- The features of the Turkish Islamic civilization were characterized by a combination of pre-Islamic heritage and Persian-Arab heritage in Asia Minor.

Journal Masthead

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Carwyn Jones

Dean Spade

Gillian K. Hadfield, Barry R. Weingast

Legal philosophers have long debated the question, what is law? But few in social science have attempted to explain the phenomenon of legal order. In this article, we build a rational choice model of legal order in an environment that relies exclusively on decentralized enforcement, such as we find in human societies prior to the emergence of the nation state and in many modern settings. We demonstrate that we can support an equilibrium in which wrongful behavior is effectively deterred by exclusively decentralized enforcement, specifically collective punishment. Equilibrium is achieved by an institution that supplies a common logic for classifying behavior as wrongful or not. We argue that several features ordinarily associated with legal order—such as generality, impersonality, open process, and stability—can be explained by the incentive and coordination problems facing collective punishment.

Nayan Shah