scholarly journals Sinking of vessel as the country’s efforts in keeping the utilization of sustainable fish resources

2018 ◽  
Vol 74 ◽  
pp. 12002
Author(s):  
Amelia Rahmi ◽  
Melda Kamil Ariadno
Keyword(s):  
International Law ◽  
The State ◽  
Legal Form ◽  
Enforcement Action ◽  
Fish Resources ◽  
The World ◽  
Fish Exploitation ◽  
The Government

Indonesia as a country with considerable fisheries potential has an attraction for the activity of catching fish. Exploitation as well as the demand for fish in the world against the increasing Indonesia country characterized by the presence of Illegal, Unregulated and Unreported Fishing. Therefore, the Government of Indonesia started to renew the regulation of fisheries to Act No. 45 of the year 2009 about Fisheries. One of the sound section is Indonesia's efforts to maintain sustainable fish resources. This particular action is attempting to keep the utilization of sustainable fish resources. In addition, as the participating countries of the 1982 UNCLOS, Indonesia refers to the rules of international law in creating a policy. Article 73 gives the obligation for the State to exercise sovereign that it is necessary to avoid excessive exploitation occurred in the zone. Sovereign right in question is a legal form of enforcement action the scuttling of the vessel.

The Responsibility of the Federal Government for Violations of the Rights of Aliens

1914 ◽  
Vol 8 (1) ◽  
pp. 73-80
Author(s):  
Nelson Gammans
Keyword(s):  
United States ◽  
International Law ◽  
Federal Government ◽  
The United States ◽  
The State ◽  
The World ◽  
The Government ◽  
American Flag

“The only government of this country, which other nations recognize or treat with, is the Government of the Union; and the only American flag known throughout the world is the flag of the United States.” The Government of the Union, as the only internationally recognized agent of the state, bears the responsibility for any violations of the rights which it owes to aliens, whether these rights are the result of treaty obligations or of international law.

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.

Between the utopian imaginaries of literature and international law: The question of the insurgent child in international legal discourse and Kris Montañez’s Youth

2021 ◽  
pp. 1-20
Author(s):  
José Duke S. Bagulaya
Keyword(s):  
Civil War ◽  
International Law ◽  
Legal Discourse ◽  
The State ◽  
The Other ◽  
State Of Exception ◽  
Utopian Vision ◽  
The World ◽  
Realistic Representation ◽  
The One

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.

scholarly journals Functions of the state: concepts, classifications, scientific interpretations

1970 ◽  
pp. 406-410
Author(s):  
Marharyta Butsan
Keyword(s):  
Rule Of Law ◽  
Public Life ◽  
The State ◽  
Political Life ◽  
Historical Period ◽  
Legal Form ◽  
The Rule Of Law ◽  
The Government ◽  
Cultural Functions ◽  
State Functions

In the article the concept of state functions, realizing which the state carries out a targeted management impact on various spheres of a public life. They show that the government should do to achieve and implement the goals and tasks that lie before him in a certain historical period. Purposes of the functions of the state are the results that must be obtained in implementing the functions, goals can be immediate, intermediate, ultimate. On one stage of historical development, priority may be given to economic, the other political or socio-cultural functions, the third function of defense, etc. At the beginning of its inception, the state played a very small list of functions. The contents of most of them was of a pronounced class character. The functions manifest national characteristics of the country, because the state is obliged to provide the geopolitical interests of the ethnic group, to support the development of national culture, language, and the like. The contents and the list of functions to a large extent depend on the nature of the state, its social purpose in public life. The main duty of the state to maintain a level of social organization that would ensure not only the preservation of the integrity and prosperity of society as a whole, but also the needs of individuals. The article studies scientific approaches with respect to interpretation of the concept of functions, given the existing classification of state functions: the areas of activities of the state, duration and the like. The analysis of existing functions in Ukraine. The human rights function is currently the most relevant. Advocacy function has the expression in activities that are aimed at protecting the rights and freedoms of man and citizen, the rule of law and the rule of law in all spheres of public and political life. The peculiarities of exercise of the functions of the state are divided into legal and organizational. The legal form is a homogenous activity of state bodies related to the adoption of legal acts. Organizational form is a homogenous activity of the state aimed at creating organizational conditions to ensure functions of the state. In Ukraine there are three main forms of implementation of the activities of the state depending on types of activities: legislative, Executive, judicial. The basis for this separation is the provision of the Constitution of Ukraine, which is highlighted in these branches of government. In the implementation of all main functions of the state are actively involved all types of public power in Ukraine.

scholarly journals INVESTMENT SECURITY IN THE SYSTEM OF ECONOMIC SECURITY OF THE STATE

2021 ◽  
Author(s):  
Nataliia Sytnyk ◽  
Veronika Ishchenko
Keyword(s):  
Foreign Direct Investment ◽  
Direct Investment ◽  
Economic Security ◽  
The State ◽  
Fixed Capital ◽  
Investment Climate ◽  
Important Place ◽  
Doing Business ◽  
The World ◽  
The Government

In modern conditions of functioning of the market economy, in the era of development of globalization and globalization processes, the prevalence of international relations, the spread of various forms of international capital movement, in particular foreign direct investment, an important place is occupied by investment activities and policies implemented by the state within the framework of the latter. It is difficult to overestimate the importance and role of investment, because world experience shows that the effective development of business entities, and therefore the country's economy as a whole, cannot be imagined without making investments. Therefore, the government of almost any country in the world is focused on creating a favorable investment climate. The article defines the theoretical foundations of investment security of the state: the essence of the concept is outlined, the principles on which investment security is based, its place and role in the state's economic security system are justified. Qualitative and quantitative criteria for a comprehensive assessment of the state's investment security are presented. The calculation and analysis of the main indicators – quantitative criteria of investment security: gross accumulation of fixed capital; the degree of accumulation of fixed capital; the ratio of the cost of newly introduced fixed assets to the volume of capital investments is carried out; the ratio of net growth of foreign direct investment to GDP; the size of the Ukrainian economy as a percentage of global GDP. The dynamics of the total volume of foreign direct investment in the Ukrainian economy in the context of world countries is analyzed. The main investor countries that ensure the receipt of the largest volumes of investment flows to the Ukrainian economy are identified. Ukraine's place in the World Bank's “Doing Business” rating over the past ten years has been demonstrated. The positive dynamics regarding Ukraine's place in the World Bank's “Doing Business” rating and the main factors that influenced such positive changes were noted. The investment climate of the state is assessed and possible measures are proposed to improve the mechanism of managing the state's investment security.

scholarly journals Problem of Statelessness in Nepal

NUTA Journal ◽  
2019 ◽  
Vol 6 (1-2) ◽  
pp. 64-69
Author(s):  
Rameshwor Upadhyay
Keyword(s):  
Human Rights ◽  
The State ◽  
Fundamental Rights ◽  
The Other ◽  
Universal Principle ◽  
Legal Obligations ◽  
The World ◽  
Women And Children ◽  
The Government ◽  
International Instruments

This paper highlighted Nepalese statelessness issue from Nationality perspective. Nationality is one of the major human rights concerns of the citizens. In fact, citizenship is one of the major fundamental rights guaranteed by the constitution. According to the universal principle related to the statelessness, no one shall be arbitrarily deprived of his or her nationality. In this connection, on one hand, this paper traced out the international legal obligations created by the conventions to the state parties in which state must bear the responsibility for making national laws to comply with the international instruments. On the other hand, this paper also appraised statelessness related lacunae and shortcomings seen in Municipal laws as well as gender discriminatory laws that has been supporting citizens to become statelessness. By virtue being a one of the modern democratic states in the world, it is the responsibility of the government to protect and promote human rights of the citizens including women and children. Finally, this paper suggests government to take necessary initiation to change and repeal the discriminatory provisions related to citizenship which are seen in the constitution and other statutory laws.

II. Dutch Views and Uses of British Policy in India around 1800

Itinerario ◽  
1988 ◽  
Vol 12 (1) ◽  
pp. 17-32
Author(s):  
Robert van Niel
Keyword(s):  
De Novo ◽  
The State ◽  
Final Report ◽  
Total Change ◽  
Group Of Seven ◽  
East Indies ◽  
The World ◽  
The Hague ◽  
The Republic ◽  
The Government

On August 31, 1803, a group of seven men, comprising the Commission for East Indies Affairs (Commissie tot de Oost-Indische Zaken), submitted the final report of its deliberations to the Government of the State of the Batavian Republic (Staatsbewind der Bataafsche Republiek) in The Hague. This Commission had been called into existence in November 1802 to make recommendations on how best to administer and conduct trade with the nation's possessions in the East Indies in a fashion that would render the greatest advantage to the nation's finances and profit to its commerce. Only a couple of years earlier Holland's monopolistic United East Indies Company (VOC) had been terminated by the Republic, and its assets and liabilities assumed by the State. The liabilities were immediately identifiable, for they consisted of debts which had to be paid in hard cash. The assets, on the other hand, consisted of territories – most of which had fallen under English control – and factories that somehow had to be made profitable, but seemed, given the then-existing conditions in the world, to be almost out of reach. The Commission was supposed to make recommendations as to how the remaining, territories of the VOC should be managed and how the trade with the East Indies and Asia in general was to be made profitable. This was no small task, so it may appear somewhat wondrous that the Commission was able to complete its work in less than ten months. The dispatch with which the Commission's work was completed, however, is more understandable if it is realised that the financial collapse of the VOC had been openly recognised since 1786, and various proposals for either reform or total change of the Company's system had been presented and discussed. These alternative proposals were well known to the members of the Commission. Their work, therefore, involved striking a balance among these proposals rather than creating a system de novo.

The Plurality of States and the World Order of Reason

2017 ◽  
Author(s):  
Sergio Dellavalle
Keyword(s):  
International Law ◽  
Social Order ◽  
World Order ◽  
The State ◽  
New Paradigm ◽  
The World ◽  
The Way

This chapter argues that Hegel can be regarded as the philosopher who was the first to pave the way to a new paradigm of order and, thus, also to a new idea of the relation between the state and international law. Hegel would not only conceive order as a ‘system’—which emerges clearly from the investigation of the deep connection between his interpretation of international law and relations and the broader context of his philosophy—but this ‘system’ would also be something new within the horizon of the patterns of social order. Indeed, two elements of a new paradigm are at least sketched in Hegel’s philosophy: the polyarchic setting of order, and its dialectic (or maybe even communicative) understanding.

Farmers, Industries, and the State: The Culture of Contract Farming in Spain and Japan

1988 ◽  
Vol 30 (3) ◽  
pp. 432-452 ◽  
Author(s):  
Mariko Asano-Tamanoi
Keyword(s):  
Agricultural Production ◽  
The State ◽  
Research Centers ◽  
Contract Farming ◽  
Social Scientists ◽  
The Past ◽  
The World ◽  
Production Relations ◽  
The Government

Farmers used to grow, process, store, and merchandise food and fiber. Such “agriculture as an industry in and of itself or as a distinct phase of our economy,” however, has long become a legacy of the past (Davis and Goldberg 1957:1). Farmers today stand in relations of growing complexity with various “others” for the purpose of agricultural production, i.e. farm suppliers, banks, research centers, processors, storage operators, distributors, and the government. In other words, farmers work in the complex web of relationships created by all these individuals and institutions. In this context, “contract farming,” a topic of growing interest among social scientists, seems to epitomize, perhaps most clearly, such complex production relations maintained by many farmers today in various corners of the world.

scholarly journals The Control of The Kadi and The Muhtesib on The Urban Guilds in The Ottoman Empire

2018 ◽  
Vol 12 (2) ◽  
pp. 219-247
Author(s):  
Mohammad Hefni
Keyword(s):  
Ottoman Empire ◽  
The State ◽  
Urban Life ◽  
Economic Activities ◽  
Greco Roman ◽  
The World ◽  
History Of ◽  
The Government ◽  
Craft Guilds ◽  
The Relationship

Success of the Ottoman empire as one of the greatest, most extensive, and longest-lasting empires in the history of the world could not be released from the efforts of the government to organize the state throught establishment various institutions. Among them are judicials instititution such as kadi courts and Hisbah institutions which was led by a muhtesib. Therefore, this paper discusses the relationship and the interaction between the kadi and the muhtesib in the Ottoman empire, and their historical roots in the periods before. The position of a kadi and a muhesib has existed in periods before the Ottoman empire. A kadi has existed since the Prophet Muhammad pbuh period. While, a muhtesib historically has began in the Greco-Roman agoranomos. In the Ottoman empire, both became important governmental functions. They had the power to pronounce decisions on everything connected with the sharî'a and the Sultanic law. They played roles in controlling urban life, its economic activities in particular. All the production and manufacturing activities in the cities that were carried out within the framework of the guild organization was under the control of the kadi and the muhtesib. For example a craft guilds and a creditor guilds.  

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