Jewry's Nationals

1981 ◽  
Vol 16 (1) ◽  
pp. 75-102 ◽  
Author(s):  
J. Lador-Lederer
Keyword(s):  
International Law ◽  
Unitary Group ◽  
International Level ◽  
Protective Activity ◽  
The Right

States have their nationals and religions have their religionists, each of whom shares in a distinct and inherited identity. In considering whether Jewry is one of those communities which consists of dependents born into it, three distinct variations arise: there are those who recognize that Jewry is a unitary group with the right to have a National Home; there are those who hold that Jewry, as a community, must be combatted as an enemy; there are those who view Jewry as a group of individuals, the interests of which Jewish organizations (not necessarily of a Zionist orientation) have found it to be their responsibility to safeguard in situations where their interests were not safeguarded as nationals of specific States.In politological terms, the first and third combine positively and the second and third negatively, but in each combination Jewish organizations were faced with the obligation to act on an international level under conditions and by means so novel in terms of international practice that they were termed unprecedented and sui generis, and for which international law had no place to integrate the kind of non-governmental protective activity which was evoked, or to illustrate how a victim's experience creates law, or how scattered communities operate generically, within patterns exclusive to them.

scholarly journals Victim’s Right of Access to International Criminal Courts

2016 ◽  
Vol 10 (1) ◽  
pp. 279
Author(s):  
Fazlollah Foroughi ◽  
Zahra Dastan
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Level ◽  
Human Beings ◽  
International Crimes ◽  
The Government ◽  
The Right ◽  
Right Of Access

Due to quantitative expansion and evolution in committing the crime at the international level, the scope of criminal proceedings has been widened significantly. Tolerance and forgiveness towards crimes that happen at international level not only is a double oppression on the victims, but also provide a fertile context for others to commit crimes more daringly. Thus, it is essential that international criminals are held accountable to the law and competent institution, and the realization of this issue leads to the victim satisfaction in international law. Not only in international law, but also in domestic law, show respect and protection of human rights is effective only when there is an effective justice system to guarantee the rights. Although some international crimes practically occur by the government or at least high-ranking government officials, the Statute of the International Criminal Court has reiterated this point that they only have jurisdiction over the crimes committed by natural persons rather than legal entities, which one good example is governments, and although the real victims of these crimes have been human beings, in the case of action and referring the case to the competent international courts, these are the states (rather than the victims) that actually have the right of access to the authorities and not beneficiaries .Thus, at the first step, we should see whether the Court has jurisdiction over the crime committed by the government and whether people can file an action independently in the International Criminal Court or not? When people, rather than governments, are beneficiaries in some international crimes, why only the government and not the people is the plaintiff? And what is the right of the victim in such category of crimes? Accordingly, the current research seeks to examine these rights and restrictions, and relevant limitations.

Right to Self-Determination in International Law: Towards Theorisation of the Concept of Indigenous Peoples/National Minority?

2012 ◽  
Vol 19 (4) ◽  
pp. 481-532 ◽  
Author(s):  
Prosper Nobirabo Musafiri
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Minority Groups ◽  
Self Determination ◽  
National Minority ◽  
International Level ◽  
International Human Rights ◽  
Indigenous Minority ◽  
International Human ◽  
The Right

The problem of the concept of the right to self-determination under international human rights is that it is vague and imprecise. It has, at the same time, generated controversy as it leaves space for multiple interpretations in relevant international legal instruments. This paper examines if indigenous people and minority groups are eligible to the right to self-determination. If so, what is the appropriate interpretation of such right, in light of indigenous/minority groups at national as well as the international level?

Global Finance

2018 ◽  
Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah
Keyword(s):  
International Law ◽  
Sovereign Debt ◽  
International Level ◽  
Global Finance ◽  
Financial Architecture ◽  
The Core ◽  
Regulation And Supervision ◽  
History Of ◽  
International Legal System ◽  
The Right

This chapter explores how financial globalization of today fails to deliver enough of the right sort of finance necessary to promote development and productive investment in societies. The contemporary global financial architecture serves primarily to enrich affluent investors and major financial institutions while putting societies and their people at grave risk of harm, including from global financial crises. The chapter explores these issues by first examining the history of the global financial architecture from the nineteenth century to the present. It moves on to critique current institutions of law mainly on grounds of justice. The chapter addresses problems associated with the regulation and supervision of banks, at the international level a form of soft law forming the core of the global financial architecture. It also explores how the power of global finance makes real reform at either the domestic or international level very difficult. Finally, the chapter exposes injustices associated with the resolution of sovereign debt crises, with a focus on the recent crisis for Greece. It considers serious shortcomings of the international legal system in this area, including how the contract approach of international law sought to resolve the crises in a manner in which the less advantaged are made much worse off.

scholarly journals Réflexion pour une approche critique de la notion de droit à l'information en droit international

2005 ◽  
Vol 23 (4) ◽  
pp. 847-871
Author(s):  
Pierre Trudel
Keyword(s):  
International Law ◽  
Freedom Of Information ◽  
International Level ◽  
Information Media ◽  
Droit International ◽  
Right To Information ◽  
The Right

Despite the fact that the right to information implies concomitant duties upon the information media, the dominiant opinion in international law is that this notion is synonymous with the well-known concept of « freedom of information ». There appears to be a large consensus among all nations that the right to information is indeed a reformulation of the concept of freedom of information. However, despite some guarantees resulting from the Helsinki Agreements, attemps to specify the exact content of the notion of freedom of information have been unsuccessful at the international level.

El derecho de acceso a la cultura en España: diagnóstico y propuestas de estrategia jurídica

2014 ◽  
pp. 333-365
Author(s):  
Carlos Alberto AMOEDO SOUTO
Keyword(s):  
International Law ◽  
International Level ◽  
Legal Policy ◽  
Cultural Life ◽  
Legal Construction ◽  
The Right

LABURPENA: Lan honek kultura eskuratzeko Espainiako eskubidearen konfigurazio juridikoa ikertzen du. Eskubide horrek nazioartean izan duen hedapena aztertu ondoren, 1978ko Espainiako Konstituzioan hartutako ikuspegia azaldu eta instituzioen errendimendu eskasaren diagnosia egiten du. Eskubide horren aintzatespen urria are nabarmenagoa da egungo krisialdian. Izan ere, herritarrek kultura eskuratzeko duten aukeretan krisiak izan dituen ondorioek anbizio handiagoko politika juridikoa eskatzeko balio izan dute. Hala, nazioarteko zuzenbidearen aurrerapen berrienak gure zuzenbide konstituzionalean txertatzeko eskatzen dute. RESUMEN: El presente trabajo estudia la configuracion juridica del derecho de acceso a la cultura en Espana. Tras analizar la positivacion de este derecho en el ambito internacional, se exponeel enfoque constituyente adoptado en1978 y sediagnostican sus escasos rendimientosinstitucionales. Las debilidades congenitas de su reconocimiento en Espana se ponen de manifiesto con especial intensidad en el actual periodo de recesion, cuyas consecuencias sobre el acceso cultural de la poblacion se convierten en el telon de fondo desde el que sereclamauna politica juridicamas ambiciosa, consistente en la incorporacion anuestroderecho constitucional de los mas recientes avances del derecho internacional vigente sobre la materia. ABSTRACT: This paper studies the legal construction of the right of take part in cultural life in Spain. After analyzing the positivization of this right at the international level, we expose the constitutionalapproach adoptedin 1978and its limited institutional yield. Congenital weakness of itsrecognition in Spain are demonstrated with particular intensity in the current recession. The crisis consequences on cultural access of the population become the backdrop from which a more ambitious legal policy is claimed, based in an upto-date approach to the most recent international law statements on this particular subject.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

Proposing a Way to Develop the Substantive Content of the Right of Access to Adequate Housing: An Alternative to the Reasonableness Review Model

2017 ◽  
Vol 30 (1) ◽  
pp. 71-93
Author(s):  
Gustav Muller
Keyword(s):  
International Law ◽  
Municipal Services ◽  
International Convention ◽  
Cultural Rights ◽  
Substantive Content ◽  
Convincing Case ◽  
Close Proximity ◽  
Review Model ◽  
The Right ◽  
Right Of Access

In this article an attempt is made to put forward a convincing case for giving substantive content to the right of access to adequate housing and looks towards relevant international law elaborations on the meaning of this right as contained in the International Convention on Economic, Social and Cultural Rights (ICESCR). It does so while being aware of the Constitutional Court’s prior rejection of an international law-based minimum core interpretation of the right and opting, instead, for the so-called model of reasonableness breview. Given that the court has so expressly taken and stuck to this stance, it is argued in the article that an international law-based substantive interpretation of the right is possible – given that South Africa has recently ratified the ICESCR – and that it is preferable given the shortfalls of the model of reasonableness review. The article further highlights what difference the preferred reading of section 26(1) would make as to how courts ‘interpret’ reasonableness, that is, how courts review compliance with section 26 at present if ‘adequate’ housing is understood as having security of tenure and access to basic municipal services; is affordable, habitable and accessible; is located in close proximity to social facilities; and is culturally adequate.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.

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