scholarly journals Unresolved and Unresolvable? Tensions in the Refugee Regime

2019 ◽  
Vol 33 (1) ◽  
pp. 45-56 ◽  
Author(s):  
Megan Bradley
Keyword(s):  
Moral Values ◽  
National Interests ◽  
Legal Norms ◽  
Legal Principles ◽  
Critical Step ◽  
Moral Duties ◽  
Durable Solutions ◽  
Context Specific

AbstractWorldwide, growing numbers of refugees are pushed from their homes. At the same time, fewer and fewer are able to access so-called “durable solutions” to their displacement. This has prompted a flurry of efforts to repair the foundering refugee regime. Many such efforts attempt, implicitly or explicitly, to resolve tensions between legal principles, moral duties, and national interests surrounding refugees. As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay questions the drive toward oversimplification that has characterized these debates, recognizing that some such tensions are “baked into” the problem of refugeehood. While debates have typically focused on the obligation to admit refugees, and on “responsibility sharing,” I advance the conversation by exploring how law, morality, and national interests are entangled in efforts to support durable solutions for refugees, focusing on voluntary repatriation. What does recognition of the intrinsic and in some senses irreconcilable tensions in the refugee regime mean for efforts to support solutions? I argue that advancing durable solutions, however imperfect, for refugees does not mean definitively overcoming these tensions, but rather navigating them to identify context-specific opportunities to reposition refugees as full and equal citizens as a critical step toward reducing their precarity.

Conflicting Norms, Values, and Interests: A Perspective from Legal Academia

2019 ◽  
Vol 33 (1) ◽  
pp. 57-66 ◽  
Author(s):  
Stefan Oeter
Keyword(s):  
Social Interaction ◽  
Moral Values ◽  
Reference Points ◽  
Value Systems ◽  
National Interests ◽  
Legal Norms ◽  
Competing Interests ◽  
Conflicting Interests ◽  
Specific Interests ◽  
Legal Normativity

AbstractThe analytical tension between legal norms, moral values, and national interests seems no uncharted territory in political science, but has found very little interest in legal academia. For lawyers, moral values and national interests are largely “unknowns,” dealt with by other disciplines. Looking a bit deeper, the picture becomes more nuanced, however. As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay argues that norms, values, and interests are not different universes of legal normativity, morality, and specific interests, but are interrelated concepts. Values clearly influence norms and often underpin them, while seemingly concrete norms (rules) are themselves often fragile constructs trying to balance competing interests. Value systems are quite diverse within societies, and this is even truer for interests; each society is a dynamic system of social interaction where conflicting interests are constantly playing out. In a way, underlying conflicts of values and interests are constantly being renegotiated in the legal system, with the norms enshrined in the text of statutes and treaties serving to constitute transitory reference points.

Humanitarian Diplomacy: The ICRC's Neutral and Impartial Advocacy in Armed Conflicts

2019 ◽  
Vol 33 (1) ◽  
pp. 67-77 ◽  
Author(s):  
Hugo Slim
Keyword(s):  
Moral Values ◽  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
Recent Experience ◽  
Humanitarian Law ◽  
National Interests ◽  
Cultural Traditions ◽  
Legal Norms ◽  
Naming And Shaming

AbstractAs part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay describes the humanitarian diplomacy of the International Committee of the Red Cross (ICRC) by comparing it conceptually with other forms of advocacy and illustrating it with the ICRC's recent experience in the Yemen crisis. Humanitarian diplomacy is examined as one particular way of balancing legal norms, moral values, and national interests in the pursuit of greater respect for international humanitarian law (IHL) and principled humanitarian action in armed conflicts. The essay looks back to ancient history for archetypal forms of humanitarian advocacy in various cultural traditions. It then describes humanitarian diplomacy's practice of discreet diplomacy and confidential dialogue with all parties to a conflict, and compares its relatively “quiet” approach with the “loud” approach of outrage activism focused on “naming and shaming,” which tends to be the norm today. The essay argues that there is an important and complementary place for the ICRC's style of humanitarian diplomacy alongside other forms of advocacy even in the face of criticism that the ICRC is sometimes publicly silent about what it knows of atrocities and avoids naming and shaming.

scholarly journals Issues of Ethnic Benefits in Ho Chi Minh

2021 ◽  
Vol 04 (03) ◽  
Author(s):  
Assoc. Prof, Dr. Pham Ngoc Tram ◽  
Keyword(s):  
Communist Party ◽  
Political Ideology ◽  
Point Of View ◽  
Political Leader ◽  
National Interests ◽  
Party Building ◽  
The People ◽  
State Construction ◽  
Context Specific ◽  
Historical Methods

Ho Chi Minh is the eminent political leader of the nation and the Communist Party of Vietnam, one of the major politicians in the world. Ho Chi Minh's ideology on national interests is the viewpoints expressed deeply in Party building, formation and state construction of the people, by the people, for the people. From a historical point of view, the article uses historical methods and qualitative analysis to clarify the issue of national interests - Ho Chi Minh's core political ideology expressed through the work of Duong Kach Menh. The article argues that the national interest in Ho Chi Minh's thought is a creative philosophy, philosophy, thought of action, meeting the aspiration of independence and freedom of the entire nation, in accordance with the context. Specific aspects of the Vietnamese revolution and inherited and applied by the Communist Party of Vietnam in the current country development policy.

Climate Change as a Business and Human Rights Issue: A Proposal for a Moral Typology

2019 ◽  
Vol 5 (1) ◽  
pp. 1-27
Author(s):  
Kristian Høyer TOFT
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Moral Philosophy ◽  
Critical Discussion ◽  
Legal Principles ◽  
Business And Human Rights ◽  
Moral Duties ◽  
Rights Issue ◽  
Forward Looking

AbstractTo explore the emerging and contested issue of business and human rights in the area of climate change, this article provides a critical discussion from the viewpoint of moral philosophy. A novel typology of businesses’ human rights duties (‘duty’ is considered synonymous with ‘responsibility’ here) is proposed. It claims that duties are both forward- and backward-looking. Cases of human rights litigation seeking remedy for climate-related harms are backward-looking, and duties should be determined on the basis of proportion of historical emissions, culpable knowledge and counter-acts to abate climate harms. Businesses’ forward-looking duties, however, depend on their power, privilege, interest and collective abilities. The typology is then assessed against the background of recent legal principles and instruments. It is concluded that moral duties of business reach beyond mere respect for human rights and national jurisdictions in the context of climate change.

PENGATURAN KENAIKAN PANGKAT PEGAWAI NEGERI SIPIL PENYESUAIAN IJAZAH (Sesuai Dengan Peraturan Pemerintah Nomor 12 Tahun 2002 Tentang Kenaikan Pangkat Pegawai Negeri Sipil)

2020 ◽  
Vol 17 (1) ◽  
pp. 71-86
Author(s):  
I Dewa Ketut Widana
Keyword(s):  
High School ◽  
Work Performance ◽  
Government Regulation ◽  
Higher Learning ◽  
Civil Servants ◽  
Class Iii ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Legal Principles ◽  
School Senior

Abstract The ability of the Civil Servants can be improved, one of which is through promotion according to the level of service and adjustment of the diploma obtained. In the general explanation of Government Regulation Number 12 of 2002 concerning Amendments to Government Regulation Number 99 of 2000 concerning Promotion of Civil Servants explained the promotion is an award given for the work performance and dedication of the concerned Civil Servants to the State. in addition, promotion is also intended as an encouragement to Civil Servants to further improve their work performance and service. Based on the background of the problem, the formulation of the problem in this study is as follows: how to regulate the promotion of Civil Servants based on diploma adjustments in accordance with Government Regulation Number 12 of 2002 concerning Promotion of Civil Servants and whether constraints in promotion through diploma adjustment are appropriate with Government Regulation Number 12 of 2002 concerning Promotion of Civil Servants. The type of research used in this study is normative legal research, meaning that the study in this study is based on legal philosophy, legal principles, and applicable legal norms relating to the regulation of promotion of civil servants based on diploma adjustments. This research used a statute approach, a historical approach and a conceptual approach. The conclusion of this study is the regulation of the promotion of Civil Servants based on diploma adjustments, given to Civil Servants who obtain Higher Learning Certificates / Diplomas that are higher than the diplomas used when applying to become Civil Servants. For example, candidates for Civil Servants when appointed as high school / senior high school civil servants, with rank / class II / a, after + 5 years of work obtain a S1 diploma, if adjusted for the diploma be the rank / class III / a Civil Servants. To obtain a higher rank / class of civil servants / or a level higher than the previous rank / class can be carried out if the diploma obtained is in accordance with the Job Job occupied by the civil servant, there is a formation in that place, has permission to study for those who continuing education and having fulfilled a minimum of 3 (three) years in service. Keywords: Promotion, Civil Servants and Diplomas

scholarly journals Konsep Badan Hukum Perhimpunan Baitul Maal Wat Tamwil (BMT) Sebagai Penguatan Hukum Ekonomi Kerakyatan

2019 ◽  
Vol 19 (2) ◽  
pp. 233
Author(s):  
Erisa Ardika Prasada ◽  
Joni Emirzon ◽  
K.N Sofyan Hasan
Keyword(s):  
Economic Activity ◽  
General Rule ◽  
Civil Code ◽  
Legal Research ◽  
Legal Entity ◽  
Legal Norms ◽  
Legal Principles ◽  
Gradual Process ◽  
The Law ◽  
The Government

Baitul Maal wat Tamwil (BMT) was established and developed with a gradual process of legal legality, namely BMT in which its legal entity was not yet known, BMT that had not had a legal entity, and BMT that had a diverse legal entity. This writing aimed at analyzing the concept of legal strengthening of BMT in Indonesia. This type of legal research was normative legal research on legal principles and legal systematics. Based on the discussion, it was concluded that BMT could be a legal entity because it had fulfilled the requirements requested by legislation, namely the general rule of Article 1653 of the Civil Code which stated that in addition to genuine civil fellowship, the law also recognized assembly of people as legal entity, both held or recognized by the government, or the assembly was accepted as permitted, or had been established for a specific purpose that was not contrary to law or good morality. Juridical considerations for BMT institutions were legal legality for every sharia economic activity and the variety and partial legal norms of BMT.

scholarly journals The U.S. Employment of Unmanned Aerial Vehicles (UAVs)

2015 ◽  
Vol 2 (4) ◽  
pp. 675-694
Author(s):  
David E. Graham
Keyword(s):  
National Security ◽  
Unmanned Aerial Vehicles ◽  
Legal Issues ◽  
Weapon System ◽  
Military Operations ◽  
Terrorist Organizations ◽  
Legal Norms ◽  
Legal Principles ◽  
The Past ◽  
The U.S

Much has been written over the past several years regarding the increased U.S. employment of UAVs as a weapon system against both combatants on a battlefield and terrorists far removed from an active zone of military operations. As an element of this dialogue, there has occurred a growing discussion as to whether, given what some view as the appearance of new threats to national security—existing in the form of al-Qaeda and similar terrorist organizations—there is now a need for enhanced clarity and transparency concerning the legal principles applicable to when, where, and how such systems might be used. The purpose of this article is to demonstrate that, if, in fact, uncertainty exists as to the legal norms to be applied in the employment of UAVs against those who threaten U.S. security interests—it is an uncertainty of a U.S. self-inflicted nature. In truth, the old law, i.e., currently existing codified and customary international legal principles, can quite sufficiently regulate the lawful use of these systems. Any confusion surrounding this subject is, in reality, due to the consistently self-serving and highly questionable manner in which the U.S. government has both interpreted and applied these norms. Before turning to a discussion of the relevant legal issues, however, it would be helpful to briefly examine the basic nomenclature of commonly U.S.-deployed UAVs.

scholarly journals THE THEORY OF NECESSITY IN SHARIA LAW

2019 ◽  
pp. 307-323
Author(s):  
Senad Ćeman
Keyword(s):  
Islamic Law ◽  
Scientific Field ◽  
Legal Norms ◽  
Legal Principles ◽  
Comprehensive Theory ◽  
Sharia Law

The theory of necessity (ḍarūra) questions the relations between norm and person, condition and regulation, permissible and forbidden, useful and harmful, variable and immutable, important and irrelevant. It is a comprehensive theory, applicable in all fields of Islamic law. In the theory of necessity, reason forms a whole with the Text, logic with Revelation, and everlasting Sharia values with juridical flexibility. The theory of necessity is studied within the scientific field of Methodology of Islamic law and the jurisprudence of legal principles, while its importance lies in the fact that when standardized, regulations become part of the general Sharia legal norms.

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