scholarly journals The Role of COVID-19 Soft Law Measures in Italy: Much Ado about Nothing?

2021 ◽  
Vol 12 (1) ◽  
pp. 93-110
Author(s):  
Flaminia APERIO BELLA ◽  
Cristiana LAURI ◽  
Giorgio CAPRA
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
Phase Ii ◽  
Soft Law ◽  
The Public ◽  
Much Ado About Nothing ◽  
Legal Limits ◽  
Hard Law ◽  
Personal Rights

This article considers the role of non-binding legal instruments adopted in Italy against the SARS-CoV-2 virus in the early months of 2020. To verify whether the use of such instruments restricted fundamental and human rights beyond constitutional and legal limits, the article first gives an overview of hard law measures adopted in Italy against the coronavirus. It then focuses on soft law measures, the use of which became significant only in Phase II of Italy's response to COVID-19 and argues that non-binding legal instruments provided the public with instructions on gradually returning to normal life. This contribution contains case studies on the soft law measures adopted in relation to private economic enterprise and freedom of worship. Italian soft law deployed during the COVID-19 epidemic was borne out of coordination between the state and the Regions and as the result of (even informal) dialogue with the relevant stakeholders. Despite some criticism of the soft law measures used, their role in restricting constitutionally granted rights was marginal, because only hard law measures adopted nationally and locally limited personal rights and freedoms in order to contain the pandemic.

A Proposal for Criminal Liability for Breach of Due Diligence Obligations: the European Conflict Minerals Regulation as an Example

2021 ◽  
Vol 11 (1) ◽  
pp. 73-87
Author(s):  
Luis Miguel Vioque
Keyword(s):  
European Union ◽  
Human Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Soft Law ◽  
Due Diligence ◽  
Conflict Minerals ◽  
Hard Law ◽  
The Eu

In recent years, the international community has adopted standards aimed at encouraging States to promote the development and implementation of human rights compliance programmes by companies. This has been the case for conflict minerals, where soft law recommendations have been translated into a European Union (EU) hard law standard that sets out several due diligence obligations for importers of certain minerals or metals. This article will examine the origin of the EU Conflict Minerals Regulation and outline the type of compliance and due diligence obligations imposed on EU importers. It also reflects on the role of criminal law as a means of sanctioning the most serious violations of these new due diligence obligations such as traceability and transparency.

Implementasi Asas Keterbukaan pada Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum: Antara Harapan dan Kenyataan

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Priyo Katon Prasetyo ◽  
Rosye Villanova Christine ◽  
Sudibyanung Sudibyanung
Keyword(s):  
Information Asymmetry ◽  
Case Studies ◽  
Public Interest ◽  
Economic Inequality ◽  
Land Acquisition ◽  
The Public ◽  
Land Scarcity ◽  
Library Research ◽  
Role Of Information

Abstract: Based on Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, the Openness Principle is one of the ten principles as the basis of the implementation of development. This principle is significant because its complex role can lead to conflicts and disputes. In this paper, discussions are divided into two parts: 1) how the implementation is expected to be applied according to the acquisition procedure in theory; and 2) the reality that occurs in the field. The first discussion was conducted by reviewing the applicable regulations and the methods or concepts of development of the openness principle. Meanwhile, the second discussion about the reality on the field was conducted by elaborating case studies regarding problems in land acquisition. The results of this study indicate that there are gaps in the implementation of the openness principle between theory and reality in regards of land scarcity, economic inequality, and information asymmetry among the involved parties. In conclusion, the implementation of the openness principle is significant with the role of information in land acquisition.Intisari: Berdasarkan Undang Undang Nomor 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum, Asas Keterbukaan adalah salah satu dari sepuluh asas yang menjadi dasar pelaksanaannya. Asas ini menjadi signifikan karena perannya yang kompleks dapat menimbulkan konflik dan sengketa. Artikel ini akan membagi pembahasan menjadi dua bagian: pertama, bagaimana implementasi yang seharusnya diterapkan pada prosedur pengadaan secara harapan, dan kedua, membahas mengenai realita yang terjadi di lapangan. Secara harapan pembahasan dilakukan dengan melakukan library research atau studi terhadap peraturan yang berlaku dan metode-metode atau prinsip perkembangan dari asas keterbukaan. Realitas di lapangan akan dielaborasi dari studi kasus mengenai permasalahan dalam pengadaan tanah. Hasil dari penelitian ini menunjukkan ada gap dalam implementasi asas keterbukaan antara harapan dan realitas di lapangan yang bersumber dari kelangkaan sumber daya/tanah, ketimpangan ekonomi dan asimetri informasi di antara para pihak yang terlibat. Tulisan ini menyimpulkan bahwa implementasi asas keterbukaan signifikan dengan peran informasi dalam pengadaan tanah. 

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.

scholarly journals State of development and changes to cultural policies in the amalgamated territorial communities of Ukraine

2020 ◽  
Vol 23 (8) ◽  
pp. 59-69
Author(s):  
Bohdana Huriy
Keyword(s):  
Human Rights ◽  
Sociological Research ◽  
Community Resources ◽  
Cultural Changes ◽  
The Public ◽  
Grant Programs ◽  
Cultural Policies ◽  
Public Organisations ◽  
Human Rights Based Approach

In the article, we analysed the state of development of cultural policies in Amalgamated Territorial Communities (ATC) of Ukraine as well as the changes that have taken place in the cultural area in Ukraine. This was due to the activities of international grant programs, foundations and legislative organizations. We described the local situation in the ATC and detected their main cultural policies' problems. We also described the main stages of forming the international grant programs' sector, foundations and donors in the aforementioned area. We have identified the most active grant programs which operate in Ukraine. We defined that their activity supports discussion about the role of the culture, influences the processes of transformation and modernization of culture, and provides the possibilities for activists and specialists from the public sector to directly and transparently influence and advocate the cultural changes. The article presented results of the sociological research "The human rights-based approach to the content and implementation of cultural policies in Ukraine at ATC level". It was conducted with representatives of the "DOBRE" program, USAID, the Ukrainian Cultural Foundation, «U-LEAD with Europe», the Ministry of Culture and Information Policy of Ukraine, and four regional representatives’ non-public organisations. We concluded that the international grant programs, foundations, and legislative organizations support the ATC in the forming and conducting development strategies and service delivery standards, transparently conducting their activities and financial accountability, supporting the community's involvement in the main processes and changing stereotypical approaches to understanding the needs of different population categories in Ukraine's ATC. During the four years of their activity, there has been significant development of communities in terms of infrastructure and human development and community resources. In particular, it is connected with Equality and Human Rights principles, the involvement of all community actors in the processes taking place in society, and constant feedback from the public.

scholarly journals Freedom and The Role of The Press on Law Enforcement Reviewed in The Perspective of Law Number: 40 Of 1999, Concerning The Press

2021 ◽  
Vol 1 (3) ◽  
Author(s):  
Satino Satino ◽  
Yuliana Yuli W ◽  
Iswahyuni Adil
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Good Life ◽  
Public Information ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
The Public ◽  
The Press ◽  
The Republic

Law Number 40 of 1999 concerning the Press is one of the legal regulations that have a role in efforts to realize a good life together. The struggle of the Indonesian press to achieve freedom was finally achieved after the enactment of Law Number 40 of 1999 concerning the Press. The purpose of this study is to find out how the freedom and role of the press in law enforcement are reviewed from the perspective of Law Number 40 of 1999, concerning the press. This study uses a sociological juridical method, the results of research conducted on real facts in society with the intent and purpose of finding facts, then proceeding with finding problems, ultimately leading to problem identification and leading to problem solving. The results of the research include the press trying to carry out its functions, rights, obligations, and roles, so the press must respect the human rights of everyone. The press has an important role in realizing Human Rights (HAM), as guaranteed in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number: XVII/MPR/1998. Based on the results of the research above, it is necessary to uphold the freedom of the press in conveying public information in an honest and balanced manner and that freedom of the press is not absolute for the press alone, but to guarantee the rights of the public to obtain information. what happened in the context of realizing press freedom as contained in Law/040/1999 concerning the Press.

scholarly journals BALANCING SOFT AND HARD LAW FOR BUSINESS AND HUMAN RIGHTS

2018 ◽  
Vol 67 (4) ◽  
pp. 961-986 ◽  
Author(s):  
Barnali Choudhury
Keyword(s):  
Human Rights ◽  
Soft Law ◽  
Business And Human Rights ◽  
Hard Law ◽  
The Impact

AbstractIn the wake of increasing corporate disasters, there has been an urgent need to address the impact of business on human rights. Yet business responsibilities for human rights are mainly voluntary and best understood as ‘soft law’. Recently, however, States have begun negotiations for an internationally binding treaty in this area, suggesting that there is a need to turn to ‘hard law’ to increase the efficacy of business and human rights (BHR) initiatives. This article argues that because soft and hard law concepts are not dichotomous, BHR governance need not become ‘hard law’ to be effective. Rather ‘hardened’ soft law instruments can be equally effective.

Corruption in the Public Eye

2014 ◽  
pp. 258-272
Author(s):  
Elitza Katzarova
Keyword(s):  
Social Media ◽  
Social Change ◽  
Case Studies ◽  
News Coverage ◽  
Negotiation Strategy ◽  
The Public ◽  
First Case ◽  
Social Media Platforms ◽  
Analytical Tools

What role is there for publicity in the global anti-corruption debate? This chapter introduces the concepts of “transparency” and “publicity” as analytical tools that account for differentiated channels through which the availability of information can induce social change. Two case studies provide insights into the role of traditional media in comparison to new social media. The first case analyzes the role of Western news coverage during the negotiations of the OECD Anti-Bribery Convention in the mid-1990s and the threat of publicity as a negotiation strategy. The second case investigates the role of social media platforms such as Twitter, Facebook, and YouTube in the success of the anti-corruption strike carried out by Indian social activist Anna Hazare in 2011. By introducing and further applying the conceptual toolkit of “transparency” and “publicity” to both cases, this chapter argues that transparency requires publicity or in the case of the OECD negotiations—the threat of publicity—in order for the anti-corruption campaign to be successful. The chapter concludes with a discussion of the ramifications for transparency and publicity as tools for social change.

scholarly journals The Whole Lifecycle Management Efficiency of the Public Sector in PPP Infrastructure Projects

2020 ◽  
Vol 12 (7) ◽  
pp. 3049 ◽  
Author(s):  
Nannan Wang ◽  
Minxun Ma ◽  
Yunfei Liu
Keyword(s):  
Public Sector ◽  
Case Studies ◽  
Central Government ◽  
Evaluation Framework ◽  
Infrastructure Projects ◽  
The Public ◽  
Management Efficiency ◽  
Quantitative Calculation ◽  
Lifecycle Management

The management role of the public sector in public–private partnership PPP infrastructure projects has been extensively expanded to the whole lifecycle rather than in the traditional infrastructure projects. The performance of the public sector in a PPP is the key for the PPP to achieve sustainability; however, there is a lack of research on the whole lifecycle management efficiency of the public sector in a PPP. This research aims to examine the governance role of the public sector in PPP projects, and therefore evaluate their whole lifecycle management efficiency. An evaluation framework is developed through the lens of governmentality to evaluate the performance of the public sector. Multiple case studies on PPP infrastructure projects in China have identified loopholes during the whole lifecycle of a PPP at the local governmental level. On the basis of the findings of case studies, a conceptual model is proposed to demonstrate ways for the public sector to improve efficiency through integrated governance of PPP projects. The research findings benefit both the central government in terms of evaluation and decision making and the local government by improving their efficiency in PPP infrastructure projects for the purpose of achieving sustainability. According to the findings, policy strategies are provided for the central government on how to further regulate the PPP market and address the loopholes, including further standardizing regulations and instruction, providing unified quantitative calculation or measurement tools, training, and education for the public sector to integrate whole lifecycle project management, and quality control of consultancy for the PPP infrastructure projects.

1. An introduction to the criminal law

2021 ◽  
pp. 3-25
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Common Law ◽  
European Convention ◽  
Eu Law ◽  
The Public ◽  
Moral Wrong ◽  
Public Nuisance ◽  
Harm To Others

It is neither easy to define crime nor identify the aims of criminal law but some characteristics may be universal to every crime, including that it involves public wrongs and moral wrongs. ‘Public wrongs’ reflect the important role of the public in punishing crimes. A crime incorporating a moral wrong implies that a ‘wrong’ is done or harm to others is involved but experience suggests that morality and criminal law are not coextensive. The chapter introduces students to thinking about criminalization and the need to guard against overcriminalization. It also examines the principal sources of criminal law: common law, statute, EU law, international law and the European Convention on Human Rights (ECHR). Problematically, important and serious offences and most defences in English law derive from common law rather than statute, and some offences—from public nuisance to gross negligence manslaughter—have been challenged recently on grounds of certainty and retrospectivity.

The Inter-American Court of Human Rights and Multinational Enterprises: Towards Business and Human Rights in the Americas?

2017 ◽  
Vol 16 (3) ◽  
pp. 437-463 ◽  
Author(s):  
María Carmelina Londoño-Lázaro ◽  
Ulf Thoene ◽  
Catherine Pereira-Villa
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Multinational Enterprises ◽  
Qualitative Data ◽  
Benefit Sharing ◽  
Soft Law ◽  
Due Diligence ◽  
The Rule Of Law ◽  
Business And Human Rights

Abstract This article analyses the role of the jurisprudence of the Inter-American Court of Human Rights (IACtHR) within a business and human rights framework. A qualitative data analysis of cases on multinational enterprises (mnes) identifies the following: that the obligations the IACtHR places upon States explicitly contemplate soft law instruments, such as the United Nations Guiding Principles on Business and Human Rights; and that there exist shared obligations with companies and attempts to regulate mne conduct by establishing conditions for due diligence, such as prior consultation, benefit-sharing and reparation measures for affected communities. Therefore, IACtHR rulings may contribute to the rule of law in so far as they have normative effects on member States, but they can also prove to be ineffective given the nature of corporate conduct and certain non-enforceable responsibilities.

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