Reduced Legal Equality of Combatants in War

2021 ◽  
Vol 35 (3) ◽  
pp. 443-465
Author(s):  
Philipp Gisbertz-Astolfi
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Moral Rights ◽  
Moral Reasons ◽  
Correct Interpretation ◽  
Laws Of War ◽  
Ethics Of War ◽  
Legal Equality ◽  
The Right

AbstractThe focus on the moral rights of combatants in the ethics of war ignores a very important point: although morally unjust combatants cannot be considered moral equals to just combatants, especially with regard to the right to kill, there are sound moral reasons why the laws of war should accept a kind of equality between them, a concept referred to as “reduced legal equality.” Reduced legal equality is not about equal moral rights but about granting legal immunity to combatants for their conduct in accordance with the laws of war. This article shows that reduced legal equality of combatants is not only the morally best legal regulation in our nonideal international world but also the correct interpretation of international law.

NATIONAL MECHANISMS OF REGULATION OF CROSS-BORDER COPYRIGHT RELATIONS AIMED AT PROTECTION OF ORPHAN WORKS

Lex Russica ◽  
2019 ◽  
pp. 18-29
Author(s):  
G. K. Dmitrieva ◽  
O. V. Lutkova
Keyword(s):  
International Law ◽  
Legal Protection ◽  
Single Copy ◽  
Legal Regulation ◽  
Copyright Holder ◽  
Conflict Of Laws ◽  
Cross Border ◽  
The Usa ◽  
The Right ◽  
The Eu

The article has investigated the mechanisms of the national (both legal and non-legal) regulation of orphan works, i.e. works the holder (holders) of rights to which is (are) not identified and/or the location of the rights-holder is not established. Orphan works are supposedly protected by copyright, which means the validity of exclusive rights and the potential need to obtain permission from the copyright holder for any form of using the works under consideration, namely: reproduction including digitization, translation, processing, etc. However, in a situation where the right holder is not determined (is unavailable), the user does not have an objective opportunity to obtain such a permission, and the work actually remains unknown to the society, although it can be of artistic, cultural or historical value. Since the beginning of the new millennium, the national legal systems of a number of States have establish a special regime for the legal protection of orphan works, and about 20 states of the world have developed the foundations of such a regime so far. The article analyzes the regulation of orphan works in several states — in the EU and its member states, Great Britain, the USA, Canada, Korea, Japan, India. The authors have determined the foundations of the substantive and conflict of laws regulation of cross-border relations regulating orphan works. Features of regulation of works with an unidentified author in the era of a network society are highlighted: in particular, the need to digitize orphan works, since many of them are in a single copy on the medium ruined by time, and the fact that the digitized work can instantly spread from databases to other jurisdictions. The authors provide for the forecast of possible ways of evolution of legal regulation of relations in question with the use of mechanisms of national and international law.

International Legal Regulation of the Children’s Rights

2019 ◽  
Vol 10 (7) ◽  
pp. 2002
Author(s):  
Kairat KAPSALYAMOV ◽  
Saule KAPSALYAMOVA ◽  
Dinara OSMANOVA ◽  
Baurzhan ZHUZBAEV ◽  
Bakhyt ZHUSIPOVA
Keyword(s):  
International Law ◽  
Children's Rights ◽  
Legal Regulation ◽  
Children’S Rights ◽  
Primary Sources ◽  
Educational Institutions ◽  
Sources Of Information ◽  
The People ◽  
Protection Mechanisms ◽  
The Right

This research discusses the urgent problems of regulating children’s rights at the global level. The goal is a comprehensive theoretical analysis of the children’s rights and their normative consolidation in international law; studying the effectiveness of protection mechanisms and the development of theoretical and practical proposals directed to improving the measures taken by Kazakhstan in this direction. The methodological basis of the study forms historical and comparative legal methods, which involved the analysis of scientific works on the issues of sociology, psychology, economics and law. At the same time, research methods include logical and systematic analyzes. The primary sources of information were laws and regulations defining the development aspects of the institution responsible for protecting the rights of children. Analyzing the situation in Kazakhstan showed that there are sufficient issues to be addressed. For instance, it is necessary to ensure that all children have the right to receiving high-quality educational services such as preschool organizations. Moreover, the existing ones should be modernized, and their total number should be increased. In villages, it is necessary to establish ungraded schools according to the desire of the people. The research results can be applied in the legal education system in studying the children’s rights; as well as in professional legal and pedagogical educational institutions, in the study of subjects such as ‘Human Rights’ and ‘Children's Rights’.

To Do, To Die, To Reason Why

2020 ◽  
Author(s):  
Victor Tadros
Keyword(s):  
Double Effect ◽  
Legal Regulation ◽  
Laws Of War ◽  
Doctrine Of Double Effect ◽  
Wide Range ◽  
Ethics Of War ◽  
Morality Of War

To Do, To Die, To Reason Why is concerned with a wide range of issues about the ethics of war and the legal regulation of war. It is especially concerned with the conduct of individuals, including whether they are required to follow orders to go to war, what moral constraints there are on killing in war, what makes people liable to be killed in war, and the extent to which the laws of war ought to reflect the morality of war. It defends a largely anti-authority view about the morality of war, and defends familiar moral constraints on killing in war, such as the Doctrine of Doing and Allowing and a version of the Doctrine of Double Effect. However, it argues that a much wider range of people are liable to be harmed or killed in war than is normally thought to be the case, on grounds of both causal involvement and fairness, and it argues that the laws of war should converge much more closely with the morality of war than is currently the case.

Self-Defense in International Law and Rights of Persons

2004 ◽  
Vol 18 (1) ◽  
pp. 87-91 ◽  
Author(s):  
Fernando R. Tesón
Keyword(s):  
International Law ◽  
Laws Of War ◽  
Self Defense ◽  
Current Thinking ◽  
Standard Notion ◽  
The Right ◽  
Individual Self

In War and Self-Defense David Rodin uncovers many flaws of current thinking about war. Rodin correctly points out that the justification of national self-defense goes beyond the justification of individual self-defense. He accurately rejects the standard notion of moral symmetry—the accepted view that both just and unjust warriors can permissibly kill enemies as long as they observe the laws of war. Rodin vindicates the right view: if a war is unjust, each and every injury caused by the unjust warrior is a criminal act. There are no morally justified killings by those who fight unjust wars. Further, Rodin rightly rejects various holistic theories of self-defense. Last but not least, he correctly denounces what I have called the Hegelian Myth, the idea that tyrannical governments are worth defending against interventions aimed at deposing them because they are protected by the principle of sovereignty.

scholarly journals ON THE QUESTION OF PERSONAL NON-PROPERTY RIGHTS UNDER CONDITIONS OF QUARANTINE MEASURES TO PREVENT THE DISTRIBUTION OF COVID-19 ON THE TERRITORY OF UKRAINE

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Inna Horislavska ◽  
◽  
Anastasiia Androshchuk ◽  
Keyword(s):  
Property Rights ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Moral Rights ◽  
Freedom Of Movement ◽  
Judicial Practice ◽  
The Social ◽  
Legal Nature ◽  
Fundamental Rights And Freedoms ◽  
The Right

Now the world countries ran into the sharp problem of overcoming and counteraction to distribution in the whole world of COVID-19, and also application of responsibility for violation of quarantine. It is set on results research, that the personal unproperty rights for citizens were exposed to rather significant limitations, in fact normatively-legal acts in relation to responsibility for violation of quarantine and sanitary rules for prevention of COVID-19 have a row of legal contradictions. In the article on the basis of analysis of current national legislation, considerations of cases and theoretical and legal sources are investigated effective mechanisms of the legal providing of requirements of observance of sanitary rules and norms on prevention of infectious diseases in Ukraine. The problems of determination of legal nature, maintenance and realization of the personal unproperty rights open up in the conditions of introduction of quarantine events on warning of COVID-19. The article describes the concept of "the right to freedom of movement". This right was and is now more than ever one of the fundamental personal moral rights. The article examines the judicial practice of resolving cases in the context of the introduction of quarantine measures and ensuring the fundamental rights and freedoms of an individual through the introduction of technical means and risks that may arise in appropriate conditions. Proposals to eliminate the shortcomings of legal regulation in the studied area are substantiated. Human rights and freedoms, the degree of their recognition in the state and society, the level of their protection are determined by the type of its socio-economic organization, as well as the degree of social development and democratization of society. Personal non-property rights that ensure the social existence of an individual, including the right to freedom of movement, are closely related, both those that can be limited at the legislative level under certain conditions, and those that are not "subject to" such restrictions. Therefore, restrictions on the freedom of movement of an individual are possible only in cases provided by the Constitution and the Civil Code of Ukraine, other laws (but not by-laws, which are the rulings of the Cabinet of Ministers of Ukraine). And also in compliance with the principles of expediency, proportionality to goals. It is necessary to determine the participants in the emerging legal relationship, both those who "control" and those participants who are "controlled, limited".

The cetacean right to life revisited

2015 ◽  
Vol 11 (1) ◽  
pp. 17-39
Author(s):  
David Mence
Keyword(s):  
International Law ◽  
Scientific Evidence ◽  
Moral Rights ◽  
Legal Rights ◽  
Right To Life ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Doctrinal Development ◽  
International Court ◽  
The Right

AbstractMany cetaceans are borderline persons and, as such, have a right to life. This is partly a normative and partly a positive legal claim. While many philosophers agree that cetaceans possess limited moral rights, it can also be shown that most states already behave as though they possess limited legal rights. The most basic of these, the right to life, reflects shifting contemporary norms – especially given scientific evidence as to cetacean sentience, intelligence and autonomy – and the consolidation of customary international law. The recent decision of the International Court of Justice in Whaling in the Antarctic (2014) includes importantobiter dictato this effect and arguably suggests an avenue for future doctrinal development in this area. Nevertheless, while the cetacean right to life already exists, there are a number of obstacles that preclude its enforcement. Perhaps the most significant of these remain the traditional status of the world's oceans as a global commons and the weak sovereignty of international law.

scholarly journals RESEARCH USE OF HUMAN IN VITRO EMBRYOS: LEGAL BOUNDARIES

2021 ◽  
Vol 74 (11) ◽  
pp. 3060-3066
Author(s):  
Natalia M. Kvit ◽  
Sibilla B. Buletsa ◽  
Vasyl V. Kopcha
Keyword(s):  
Informed Consent ◽  
International Law ◽  
Personal Data ◽  
Legal Regulation ◽  
Ethics Committee ◽  
Embryo Research ◽  
Research Use ◽  
The Subject ◽  
The Right

The aim: The purpose of this research is to study foreign experience in the field of legal regulation of the use of embryos in vitro to suggest ways to fill the gaps in current Ukrainian legislation and bring it into line with international law. Materials and methods: The subject of the research was the legal regulation of the in vitro embryo research use, which is completely outside of the current Ukrainian legislation. That is why the European models of its regulation were analyzed. The experience of Germany and Hungary in the field of in vitro embryo research use regulation was considered as an example and was compared with the current Ukrainian regulation. Conclusion: As the use of non-implanted embryos is outside the legal field, the anatomical materials of a dead embryo, whether implanted or not, can be removed both for scientific research within the statutory framework (subject to approval by the ethics committee) and with the therapeutic purpose (for cell transplantation), subject to the relevant proposed amendments to the legislation to comply with the requirements of the Convention on Human Rights and Biomedicine (Art. 18). Instead, the creation and further use of embryos for any purpose other than reproductive is illegal and should be prohibited by law with the imposition of appropriate criminal penalties. The right to dispose of embryos for research purposes may be granted by the woman and the man for whom the embryo was created, subject to informed consent and personal data processing consent.

scholarly journals REVIEW ON THE MONOGRAPH BOLDIZHAR SANDRA ALEXANDROVNA ON THE TOPIC «ADMINISTRATIVE AND LEGAL REGULATION OF HUMAN RIGHTS OF THE FOURTH GENERATION IN THE HEALTH CARE SYSTEM»

2021 ◽  
pp. 326-327
Author(s):  
S.G. Stetsenko
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Legal Regulation ◽  
Moral Rights ◽  
Fourth Generation ◽  
World War ◽  
The Rule Of Law ◽  
National Community ◽  
Human Rights Norms ◽  
The Right

moral rights only because she is a human being. However, it does not follow that the rule of law is aimed at protecting all rights agreed within the international or national community. The foundation of fourth-generation human rights was laid after World War II, when the right to be informed before a medical experiment arose. However, the vast majority of fourth-generation human rights norms were formulated only in the last decades of the twentieth century. In this regard, the study of the administrative and legal regulation of human rights of the fourth generation is important, thanks to which it will be possible to reveal the mechanism of this regulation. The peer-reviewed monograph is devoted to this question. In addition, it meets the requirements of today and is of considerable interest to the scientific community.

NATIONAL AND INTERNATIONAL STANDARTS OF RIGHT TO PEACEFUL ASSEMBLY

2017 ◽  
Author(s):  
Alexander Kushnirenko ◽  
◽  
Alisа Aliyeva ◽  
Roman Michkivskyi ◽  
Varvara Stoyanova ◽  
...  
Keyword(s):  
International Law ◽  
Scientific Work ◽  
Legal Regulation ◽  
Current Status ◽  
European Court ◽  
Foreign Countries ◽  
The Subject ◽  
Constitutional Right ◽  
The Right ◽  
International Instruments

The article is devoted to problems of legal regulation and implementing the constitutional right of citizens to peaceful assembly in Ukraine. The authors represent the approaches of different scholars and international and national practices of realization citizens` right to peaceful assembly and summing up the results the authoors offer options for improving and optimization legislation on peaceful assembly. On the basis of international experience in regulating this institution in foreign countries, Ukraine has the opportunity to legislate and regulate the right to peaceful assembly, taking into account the provisions of the fundamental international instruments, which reflect the subject matter of this scientific work The authors' article analysed the current status of the constitutional and legal establishment of the right to peaceful assembly in Ukraine. The ways in which citizens exercise the right to peaceful assembly and the possibilities for the State to restrict this right to peaceful assembly in the interests of national security and public order in international practice have been studied. Much attention is given to the international legal regulation of the right to peaceful assembly, in particular the main international instruments which can be considered as sources of the formation of the law of this important legal institution through the prism of heavy and soft international law. The practice of settling disputes on the right to peaceful assembly by international judicial institutions, in particular the European Court of Human Rights, has also been examined.

scholarly journals Legal regulation of the activities of religious minorities in Ukraine in the context of the requirements of international law

2001 ◽  
pp. 95-102
Author(s):  
Mykhailo Babiy
Keyword(s):  
International Law ◽  
Social Life ◽  
Legal Regulation ◽  
Religious Organizations ◽  
Freedom Of Conscience ◽  
Religious Minorities ◽  
The Right ◽  
Full Protection

Problems with religion have always been and remain one of the most important in the context of organization of state and public life.And today for Ukraine the issues of guaranteeing, full protection, protection of the right to freedom of conscience, religion, activities of religious organizations, including religious minorities are very relevant.This is due, above all, to those historical scales, the processes that have taken place during the last decade in all spheres of social life, including in the spiritual, religious-ideological plane of it

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