Protecting Victims of Terrorism in the Light of Global Criminology: International Experiences and Developments in the Early Third Millennium

2021 ◽  
pp. 1-18
Author(s):  
Mehrdad Rayejian Asli
Keyword(s):  
Research Agenda ◽  
Soft Law ◽  
Hard Law ◽  
International Experiences ◽  
Effective System ◽  
The Relationship ◽  
Typical Model ◽  
Global Criminology ◽  
Key Questions ◽  
Oriented System

Abstract The relationship between terrorism and criminology illustrates the global feature of crime. Terrorism is presently at the top of the fields of interest of global criminology. However, the issue of victims of terrorism has been neglected in its research agenda. This article seeks to redefine global criminology and victimology by incorporating that issue into their fields of interest. It attempts to answer key questions like: What is the typical model for protecting the victims of terrorism? How could a more operative and effective system be created for that purpose? The European and the United Nations systems are two models that provide international experiences, developments and efforts. Since they generally form a soft law-based system, the author concludes that a protection-oriented system for victims of terrorism will be more operative and effective when it is transformed into one based on hard law.

CSR and Environmental Law

2019 ◽  
pp. 260-282
Author(s):  
Benedict Sheehy
Keyword(s):  
Environmental Law ◽  
Soft Law ◽  
Regulatory Regime ◽  
Corporate Environmentalism ◽  
Environmental Liabilities ◽  
Substantive Content ◽  
Hard Law ◽  
International Private Law ◽  
Regulatory Approach ◽  
The Relationship

A relationship between CSR and environmental law is intuitive; however, the nature, substantive content, and boundaries of the relationship remain unclear. This chapter explicates the relationship by examining the elements and ideas that shape it. It first considers the scope of CSR as a type of international private law, arguing that CSR does encompass environmental liabilities. It next reviews the earlier corporate environmentalism movement and its impact on CSR and environmental regulation. The chapter moves to consider the nature and scope of environmental law as primarily a domestic regulatory regime and what that entails as hard law. This approach is then contrasted with CSR’s international soft law focus and corollary regulatory approach of standards and reporting. After a discussion of the three main environmental principles—polluter-pays, prevention, and precaution—the chapter evaluates the relationship and its trajectory.

scholarly journals Soft Law Engagements and Hard Law Preferences: Comparing EU Lobbying Positions between UN Global Compact Signatory Firms and Other Interest Group Types

2021 ◽  
pp. 1-23
Author(s):  
Onna van den Broek
Keyword(s):  
Public Policy ◽  
Political Representation ◽  
Policy Preferences ◽  
Soft Law ◽  
The European Union ◽  
Global Compact ◽  
Un Global Compact ◽  
Political Activities ◽  
Policy Issues ◽  
The Relationship

Abstract Although corporate social responsibility (CSR) has gone “mainstream,” the relationship between CSR and corporate political activities (CPA) has received little scholarly attention. This is problematic because firms potentially have a more sizable impact through their lobbying activities for socially and environmentally beneficial (or unbeneficial) public policies than through their own operations. This paper investigates if, and how, UN Global Compact signatory firms differ in their policy preferences on key EU proposals compared to other interest groups. To capture state-of-the-art data on firms’ policy preferences, I draw from the INTEREURO database, which includes firms’ lobbying positions on forty-three directives and twenty-seven regulations covering 112 public policy issues in the European Union. Statistical results show that Global Compact signatory firms significantly lobby for stricter regulation than non-signatory firms and industry associations, however, their positions are still lower than nonbusiness groups. These results are similar across various public policy issues and suggest that the regulatory preferences of firms’ participating in soft law CSR initiatives are more aligned with stakeholders' interests. This paper contributes to public policy literature exploring the relationship between hard and soft law as well as literature studying the political representation of divergent interest.

scholarly journals Killing me Softly? Scrutinising the Role of Soft Law in Greece’s Response to COVID-19

2021 ◽  
Vol 12 (1) ◽  
pp. 59-76
Author(s):  
Evangelia (Lilian) TSOURDI ◽  
Niovi VAVOULA
Keyword(s):  
Asylum Seekers ◽  
Personal Data ◽  
Fundamental Rights ◽  
Soft Law ◽  
Freedom Of Movement ◽  
Hard Law ◽  
Primary Basis ◽  
Full Swing ◽  
Second Wave

Greece emerged as the EU’s poster child in the fight against COVID-19 during the first few months of the pandemic. In this contribution, we assess Greece’s use of soft regulation in its regulatory response to COVID-19. Using “acts of legislative content”, which can be broadly conceptualised as softly adopted hard law, the Greek government largely achieved flexibility and simplified adoption procedures without having to resort to soft law per se. The role of soft law was limited - it complemented hard law rather than constituting the primary basis of COVID-19 restrictions - but not completely negligible. Soft law instruments regulated the processing of personal data, and was also pivotal in clarifying the criminal sanctioning of COVID-related rule violations. Greece’s success in handling the first wave of the pandemic, while effective, was arguably unfair to asylum seekers who saw their right to apply for asylum curtailed, and their right to freedom of movement restricted when limitations on the rest of the population were lifted. With a second wave of infections currently in full swing, it is imperative to keep scrutinising regulatory responses to ensure that they place the health and dignity of every individual (whoever they might be) at their core and fully respect their fundamental rights.

Nuclear Powers' Disarmament Obligation under the Treaty on the Non-Proliferation of Nuclear Weapons and the Comprehensive Nuclear Test Ban Treaty: Interactions between Soft Law and Hard Law

2013 ◽  
Vol 27 (1) ◽  
pp. 169-188 ◽  
Author(s):  
ALESSANDRA PIETROBON
Keyword(s):  
Nuclear Weapons ◽  
Nuclear Test ◽  
Good Faith ◽  
Soft Law ◽  
Legal Obligation ◽  
Hard Law ◽  
The Us ◽  
Test Ban ◽  
Nuclear Test Ban ◽  
Test Ban Treaty

AbstractThe Comprehensive Nuclear Test Ban Treaty (CTBT) will not be effective until all the 44 states listed in its Annex 2 ratify it. A special link has been established between the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the CTBT. The disarmament obligation set by Article VI of the NPT, which has not yet been complied with, remains highly controversial. The relevant subsequent practice of the states parties to the NPT shows that the ratification of the CTBT is to be considered the first of the practical steps towards compliance with Article VI. However, as the practical steps do not set any legally binding norms, there is no legal obligation to ratify the CTBT, not even for the 44 states listed in Annex 2 whose ratification is essential. The paper deals with the position of nuclear powers party to the NPT that have not yet ratified the CTBT (most prominently the US and China) and demonstrates that these states should at least provide detailed motivation for their conduct. Otherwise, other states parties to the NPT could consider them as not complying in good faith with Article VI of the NPT and invoke the inadimplenti non est ademplendum rule to justify breaches of their own obligations under the same treaty.

Global Climate Change and Aesthetics

2021 ◽  
Author(s):  
Emily Brady
Keyword(s):  
Climate Change ◽  
Global Climate Change ◽  
Research Agenda ◽  
Global Climate ◽  
Ethical Values ◽  
Global Crisis ◽  
Aesthetic Experiences ◽  
New Research ◽  
The Relationship

What kinds of issues does the global crisis of climate change present to aesthetics, and how will they challenge the field to respond? This paper argues that a new research agenda is needed for aesthetics with respect to global climate change (GCC) and outlines a set of foundational issues which are especially pressing: (1) attention to environments that have been neglected by philosophers, for example, the cryosphere and aerosphere; (2) negative aesthetics of environment, in order to grasp aesthetic experiences, meanings, and dis/values in light of the catastrophic effects of GCC; (3) bringing intergenerational thinking into aesthetics through concepts of temporality and ‘future aesthetics’ (4) understanding the relationship between aesthetic and ethical values as they arise in regard to GCC.

The Relationship between Item Context Characteristics and Student Performance: The Case of the 2006 and 2009 PISA Science Items

2015 ◽  
Vol 117 (1) ◽  
pp. 1-36
Author(s):  
Maria Araceli Ruiz-Primo ◽  
Min Li
Keyword(s):  
Empirical Evidence ◽  
Student Performance ◽  
Research Design ◽  
Exploratory Study ◽  
Test Design ◽  
Test Items ◽  
Pisa 2006 ◽  
The Relationship ◽  
Context Characteristics ◽  
Key Questions

Background A long-standing premise in test design is that contextualizing test items makes them concrete, less demanding, and more conducive to determining whether students can apply or transfer their knowledge. Purpose We assert that despite decades of study and experience, much remains to be learned about how to construct effective and fair test items with contexts. Too little is known about how item contexts can be appropriately constructed and used, and even less about the relationship between context characteristics and student performance. The exploratory study presented in this paper seeks to contribute to knowledge about test design and construction by focusing on this gap. Research Design We address two key questions: (a) What are the characteristics of contexts used in the PISA science items? and (b) What are the relationships between different context characteristics and student performance? We propose a profiling approach to capture information about six context dimensions: type of context, context role, complexity, resources, level of abstraction, and connectivity. To test the approach empirically we sampled a total of 52 science items from PISA 2006 and 2009. We describe the context characteristics of the items at two levels (named layers): general (testlet context) and specific (item context). Conclusion We provide empirical evidence about the relationships of these characteristics with student performance as measured by the international percentage of correct responses. We found that the dimension of context resources (e.g., pictures, drawings, photographs) for general contexts and level of abstractness for specific contexts are associated with student performance.

Antitrust compliance: system standardization issues

2021 ◽  
pp. 8-16
Author(s):  
V. V. Soloviev, ◽  
S. V. Yushkin ◽  
S. V. Maksimov*
Keyword(s):  
Law Enforcement ◽  
National Standard ◽  
Federal Law ◽  
Economic Entity ◽  
Effective System ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
General Compliance

The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.

On the Lives of Modern State Law

2022 ◽  
pp. 1-12
Author(s):  
Samera Esmeir
Keyword(s):  
Sexual Difference ◽  
Modern State ◽  
State Law ◽  
The World ◽  
Life Itself ◽  
History Of ◽  
British Colonial ◽  
Intimate Life ◽  
The Relationship ◽  
Key Questions

Modern state law is an expansive force that permeates life and politics. Law's histories—colonial, revolutionary, and postcolonial—tell of its constitutive centrality to the making of colonies and modern states. Its powers intertwine with life itself; they attempt to direct it, shape its most intimate spheres, decide on the constitutive line dividing public from private, and take over the space and time in which life unfolds. These powers settle in the present, eliminate past authorities, and dictate futures. Gendering and constitutive of sexual difference, law's powers endeavor to mold subjects and alter how they orient themselves to others and to the world. But these powers are neither coherent nor finite. They are ripe with contradictions and conflicting desires. They are also incapable of eliminating other authorities, paths, and horizons of living; these do not vanish but remain not only thinkable and articulable but also a resource for the living. Such are some of the overlapping and accumulative interventions of the two books under review: Sara Pursley's Familiar Futures and Judith Surkis's Sex, Law, and Sovereignty in French Algeria. What follows is an attempt to further develop these interventions by thinking with some of the books’ underlying arguments. Familiar Futures is a history of Iraq, beginning with the British colonial-mandate period and concluding with the 1958 Revolution and its immediate aftermath. Sex, Law, and Sovereignty is a history of “French Algeria” that covers a century of French colonization from 1830 to 1930. The books converge on key questions concerning how modern law and the modern state—colonial and postcolonial—articulated sexual difference and governed social and intimate life, including through the rise of personal-status law as a separate domain of law constitutive of the conjugal family. Both books are consequently also preoccupied with the relationship between sex, gender, and sovereignty. And both contain resources for living along paths not charted by the modern state and its juridical apparatus.

scholarly journals EXPRESSÃO MILITAR DO SETOR ESTRATÉGICO ESPACIAL: EVOLUÇÃO E O DIREITO. CASO BRASILEIRO: QUARTA GERAÇÃO DA FORÇA AÉREA BRASILEIRA

2020 ◽  
Vol 0 ◽  
Author(s):  
José Vagner Vital ◽  
Maria Helena fonseca de Souza Rolim
Keyword(s):  
Soft Law ◽  
Hard Law

A evolução e transformações das tecnologias aplicadas aos usos do espaço exterior interconectadas com o uso militar do espaço exterior a evidenciam a pressão dos fatos sobre o direito, avocando reflexão sobre o corpus juris internacional sobre a questão, em nível de soft law e hard law. Mesmo no contexto de autodefesa, as atividades espaciais militares possuem aspectos ofensivos e defensivos que precisam ser considerados e podem ser executadas ao abrigo da Carta das Nações Unidas (considerando o direito à autodefesa) e do Tratado do Espaço (ao se entender o termo “propósito pacífico” equivalente ao termo “não agressão”, exceto para autodefesa), além de outros tratados que podem ser evocados em situações de conflito, no âmbito do Direito Internacional Humanitário. Este artigo consubstancia o caso brasileiro, onde a Força Aérea Brasileira apresenta o entendimento do Brasil quanto ao Tratado do Espaço e à Carta das Nações Unidas, estruturando sua aplicação militar do espaço exterior de acordo com os documentos políticos e doutrinários do Ministério da Defesa do Brasil, sabidamente, a Política de Defesa Nacional, a Estratégia Nacional de Defesa e o Programa Estratégico de Sistemas Espaciais. As operações militares descritas neste artigo revelam que situações fáticas emergentes carecem de tutela jurídica com elevado grau de efetividade.

scholarly journals Los Incoterms como instrumento de derecho suave (soft law)

2019 ◽  
Vol 17 (1) ◽  
pp. 47-85
Author(s):  
Eduardo Calderón Marenco
Keyword(s):  
El Paso ◽  
Soft Law ◽  
Hard Law ◽  
Lex Mercatoria

Derivado de las profundas transformaciones que ha experimentado el Dere­cho internacional, la Lex Mercatoria y el Derecho suave (Soft law) han emergido como una alternativa al tradicional Derecho duro (Hard law). Con el paso del tiempo el Derecho suave (Soft law) ha ido adquiriendo un mayor protagonismo en el escenario jurídico internacional, posicionándose como un instrumento del que gozan las partes para regular sus transacciones internacionales, aun­que carezca de efectos vinculantes. No obstante se encuentra revestido de voluntariedad, por medio de la autonomía conflictual, lo que les otorga un carácter vinculante para las partes. Es así que este Derecho se compone de un amplio espectro de instrumentos, los que encuentran aceptación en los diferentes sistemas jurídicos, en variadas áreas del derecho, y dan respuesta a las necesidades de los diferentes interesados. Empero, en el ámbito comercial internacional estos instrumentos se han nutrido de la Lex Mercatoria, un ejemplo de ello son los Incoterms, usos y costumbres que uniforman y sistematizan este ordenamiento jurídico, creado por los comerciantes, propio de los negocios jurídicos de compraventa internacional de mercadería. Por esto consideramos relevante analizar esta nueva corriente a nivel internacional y su incorporación dinámica en estos instrumentos jurídicos.

Sign in / Sign up

Export Citation Format

Share Document