Part 2 Asylum, 6 The Principle of Non-refoulement—Part 2

2021 ◽  
Author(s):  
Goodwin-Gill Guy S ◽  
McAdam Jane ◽  
Dunlop Emma
Keyword(s):  
General Rule ◽  
International Standards ◽  
State Responsibility ◽  
Human Rights Law ◽  
Government Officials ◽  
International Protection ◽  
State Action ◽  
Course Of Action ◽  
Municipal Law ◽  
The Relationship

This chapter details how, under general principles of international law, State responsibility may arise directly from the acts and omissions of government officials and agents, or indirectly where domestic legal and administrative systems fail to implement the observance of international standards. The fact that the harm caused by State action may be inflicted outside the territory of the actor, or in an area identified by municipal law as an international zone, in no way diminishes the responsibility of the State. While the principle of non-refoulement does not entail a right for refugees to be granted asylum in a particular State, it does require States to ensure that whatever course of action they adopt, refugees are not sent—either directly or indirectly—to a place where their lives or freedom would be in danger on account of one of the five Convention grounds, or contrary to the principle of non-refoulement under human rights law. In order to give effect to those obligations consistently with the general rule, ‘States will be required to grant individuals seeking international protection access to the territory and to fair and efficient asylum procedures’. The chapter then looks at the relationship between the principle of non-refoulement and flight by sea.

scholarly journals The Asylum Claim Determination

2021 ◽  
pp. 259-330
Author(s):  
Carmelo Danisi ◽  
Moira Dustin ◽  
Nuno Ferreira ◽  
Nina Held
Keyword(s):  
International Standards ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Refugee Status ◽  
Human Right ◽  
International Human Rights ◽  
International Protection ◽  
Link Type ◽  
The Uk ◽  
The Right

AbstractPublic international law and, more specifically, international human rights law protect the right to access an asylum determination procedure and the principle of non-refoulement, as established in Chap. 10.1007/978-3-030-69441-8_3. Some would argue that asylum should not be seen by states as their own prerogative, but rather as a fundamental human right (Díaz Lafuente, 2014, pp. 206–207). How the right to access to asylum determination and the principle of non-refoulement are implemented varies from country to country, including within the EU, as discussed in Chap. 10.1007/978-3-030-69441-8_4. Chapter 10.1007/978-3-030-69441-8_6 dissected the different procedures adopted to adjudicate SOGI claims of international protection in Germany, Italy and the UK. In this chapter, we focus on the decision itself by analysing the Refugee Status Determination (RSD) process in the three countries studied. In the process, we highlight similarities and differences, merits and shortcomings, and often inconsistencies with supranational and international standards.

scholarly journals Climate Change and Forced Migration

2020 ◽  
Vol 11 ◽  
pp. 1-20
Author(s):  
Shirley Llain Arenilla ◽  
Cindy Hawkins Rada
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Forced Migration ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Protection ◽  
Nation States ◽  
Displaced People ◽  
The Relationship ◽  
Climate Refugees

The population of environmentally displaced people has increased recently, thus this article aims to address the challenges climate change may impose on Nation-States concerning human rights in relation to forced migration. The relationship between climate change and forced migration will be studied in order to present the problems arising from the allocation of international responsibility among States and the international protection (or the lack thereof) of “Climate Refugees” and stateless persons caused by the disappearance of Nation- States under climate change; solutions will be proposed under the existing International Human Rights Law.

Application Of Electron Probe Analyses Of Minerals In Discussing The Relationship Between Ductile Deformation And Metamorphism

1990 ◽  
Vol 48 (2) ◽  
pp. 250-251
Author(s):  
Fan Guochuan ◽  
Sun Zhongshi
Keyword(s):  
Chemical Composition ◽  
Shear Deformation ◽  
Electron Probe ◽  
General Rule ◽  
Granulite Facies ◽  
Ductile Deformation ◽  
Higher Temperature ◽  
Ductile Shear ◽  
The Relationship ◽  
Ductile Shear Deformation

Under influence of ductile shear deformation, granulite facies mineral paragenesis underwent metamorphism and changes in chemical composition. The present paper discusses some changes in chemical composition of garnet in hypers thene_absent felsic gnesiss and of hypersthene in rock in early and late granulite facies undergone increasing ductile shear deformation .In garnet fetsic geniss, band structures were formed because of partial melting and resulted in zoning from massive⟶transitional⟶melanocrate zones in increasing deformed sequence. The electron-probe analyses for garnet in these zones are listed in table 1 . The Table shows that Mno, Cao contents in garnet decrease swiftly from slightly to intensely deformed zones.In slightly and moderately deformed zones, Mgo contents keep unchanged and Feo is slightly lower. In intensely deformed zone, Mgo contents increase, indicating a higher temperature. This is in accord with the general rule that Mgo contents in garnet increase with rising temperature.

Hubungan Iklim Komunikasi Organisasi dengan Kepuasan Kerja untuk Meningkatkan Kinerja Aparatur Pemerintahan Desa

2020 ◽  
Vol 4 (4) ◽  
pp. 517
Author(s):  
Bella Oktavianita ◽  
Sarwititi Sarwoprasodjo
Keyword(s):  
Job Satisfaction ◽  
Organizational Communication ◽  
Survey Method ◽  
Government Officials ◽  
Communication Climate ◽  
Real Relationship ◽  
Village Government ◽  
Relationship Of ◽  
The Village ◽  
The Relationship

Iklim komunikasi organisasi merupakan persepsi pegawai mengenai peristiwa yang terjadi di lingkungannya. Kantor Desa Cibalung, Kecamatan Cijeruk, Kabupaten Bogor merupakan salah satu kantor desa yang memiliki berbagai prestasi. Prestasi yang sudah diraih tentu saja tidak lepas dari peran kinerja aparatur pemerintahan desa dan masyarakat yang terlibat dalam menciptakan lingkungan kerja yang produktif dan kepuasaan kerja yang dirasakan. Maka dari itu, penelitian ini bertujuan untuk melihat hubungan iklim komunikasi organisasi dengan kepuasan kerja dan hubungan kepuasan kerja dengan kinerja aparatur pemerintahan desa. Penelitian ini menggunakan pendekatan kuantitatif melalui metode survei dengan kuesioner yang didukung oleh data kualitatif melalui teknik wawancara mendalam dan studi literatur dengan responden sebanyak 36 orang. Hasil penelitian yang diperoleh menunjukkan bahwa terdapat hubungan nyata antara iklim komunikasi organisasi dengan kepuasan kerja dan hubungan sangat nyata antara kepuasan kerja dengan kinerja aparatur pemerintahan desa.Kata Kunci: iklim komunikasi, kepuasan kerja, kinerja, komunikasi organisasi=====ABSTRACTOrganizational communication climate was the employee's perception of events that occurred in their environment. The Cibalung Village Office, Cijeruk Subdistrict, Bogor District was one of the village offices that had various achievements. The achievements that have been achieved certainly could not be separated from the role of the performance of the village government apparatus and the community involved in creating a productive work environment and perceived job satisfaction. Therefore, this study aimed to analyze the relationship of organizational communication climate with job satisfaction and the relationship of job satisfaction with the performance of village government officials. This study used a quantitative approach through a survey method with a questionnaire supported by qualitative data through in-depth interview techniques and literature studies with 36 respondents. The results obtained indicated that there was a real relationship between organizational communication with job satisfaction and the very obvious relationship between job satisfaction by the performance of the village government apparatus.Keywords: communication climate, job satisfaction, performance, organizational communication

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

scholarly journals Evaluation of Trace Metal Levels in Tissues of Two Commercial Fish Species in Kapar and Mersing Coastal Waters, Peninsular Malaysia

2012 ◽  
Vol 2012 ◽  
pp. 1-10 ◽  
Author(s):  
Fathi Alhashmi Bashir ◽  
Mohammad Shuhaimi-Othman ◽  
A. G. Mazlan
Keyword(s):  
Trace Metal ◽  
Fish Species ◽  
Coastal Waters ◽  
Positive Association ◽  
Peninsular Malaysia ◽  
International Standards ◽  
Metal Concentrations ◽  
Commercial Fish ◽  
Metal Levels ◽  
The Relationship

This study is focused on evaluating the trace metal levels in water and tissues of two commercial fish species Arius thalassinus and Pennahia anea that were collected from Kapar and Mersing coastal waters. The concentrations of Fe, Zn, Al, As, Cd and Pb in these coastal waters and muscle, liver and gills tissues of the fishes were quantified. The relationship among the metal concentrations and the height and weight of the two species were also examined. Generally, the iron has the highest concentrations in both water and the fish species. However, Cd in both coastal waters showed high levels exceeding the international standards. The metal level concentration in the sample fishes are in the descending order livers > gills > muscles. A positive association between the trace metal concentrations and weight and length of the sample fishes was investigated. Fortunately the level of these metal concentrations in fish has not exceeded the permitted level of Malaysian and international standards.

Kelsen – Which Kelsen? A Reapplication of the Pure Theory to International Law

2009 ◽  
Vol 22 (2) ◽  
pp. 225-249 ◽  
Author(s):  
JÖRG KAMMERHOFER
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Pure Theory ◽  
Municipal Law ◽  
Hans Kelsen ◽  
Theory Of Law ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Theorist

AbstractHans Kelsen is known both as a legal theorist and as an international lawyer. This article shows that his theory of international law is an integral part of the Kelsenian Pure Theory of Law. Two areas of international law are analysed: first, Kelsen's coercive order paradigm and its relationship to the bellum iustum doctrine; second, the Kelsenian notion of the unity of all law vis-à-vis theories of the relationship of international and municipal law. In a second step, the results of Kelsenian general legal theory of the late period – as interpreted and developed by the present author – are reapplied to selected doctrines of international law. Thus is the coercive order paradigm resolved, the unity of law dissolved, and the UN Charter reinterpreted to show that the concretization of norms as positive international law cannot be unmade by a scholarship usurping the right to make law.

Research on the Impact of Information Security Certification and Concealment onFinancial Performance

2022 ◽  
Vol 30 (3) ◽  
pp. 0-0
Keyword(s):  
Information Security ◽  
Financial Performance ◽  
Positive Impact ◽  
Rapid Development ◽  
International Standards ◽  
Corporate Decisions ◽  
Using Data ◽  
The Impact ◽  
The Relationship ◽  
Iso 27001

With the rapid development of information technology, information security has been gaining attention. The International Organization for Standardization (ISO) has issued international standards and technical reports related to information security, which are gradually being adopted by enterprises. This study analyzes the relationship between information security certification (ISO 27001) and corporate financial performance using data from Chinese publicly listed companies. The study focusses on the impact of corporate decisions such as whether to obtain certification, how long to hold certification, and whether to publicize information regarding certification. The results show that there is a positive correlation between ISO 27001 and financial performance. Moreover, the positive impact of ISO 27001 on financial performance gradually increases with time. In addition, choosing not to publicize ISO 27001 certification can negatively affect enterprise performance.

Cinema, colonialism, and contact zone: the movie theater and city governance in early-twentieth-century Shanghai

2021 ◽  
pp. 1-19
Author(s):  
Qiliang He ◽  
Jie Tan
Keyword(s):  
Twentieth Century ◽  
Contact Zone ◽  
Film Studies ◽  
Public Spaces ◽  
Colonial Power ◽  
Government Officials ◽  
Municipal Council ◽  
Movie Theater ◽  
City Governance ◽  
The Relationship

Abstract Moving away from the text-centered paradigm in film studies, the present research explores the relationship between the growing popularity of the film in Shanghai during the first two decades of the twentieth century and city governance in the International Settlement. It argues that the rise of movie halls contributed to creating a new kind of crowd that blended Chinese moviegoers with non-Chinese viewers. The emergence of the cinema as a space where people of different racial and ethnic origins encountered impelled the Shanghai Municipal Council – the governing body of the International Settlement in Shanghai – to respond by implementing new measures of public safety and altering its decades-long unspoken rules of segregation in the realm of everyday life. For Chinese enlightenment intellectuals and government officials, meanwhile, anxiety over their fellow Chinese's lack of basic decorum in public spaces arose with the intense intermingling of Chinese and non-Chinese filmgoers under the same roof. Thus, the cinema became a “contact zone” – a space of asymmetrical relations resulting not necessarily from colonists' exercise of colonial power but from the Chinese elite's wrapping of the discussion of movie theater etiquette reform within a political and ideological framework of modernization, patriotism, and anti-imperialism.

Deutsche Bank AG v. Democratic Socialist Republic of Sri Lanka

ICSID Reports ◽  
2021 ◽  
Vol 19 ◽  
pp. 446-484
Keyword(s):  
Due Process ◽  
The State ◽  
State Responsibility ◽  
Responsibility Attribution ◽  
Content Type ◽  
Host State ◽  
Fair And Equitable Treatment ◽  
Municipal Law ◽  
Equitable Treatment ◽  
Debt Recovery

446Jurisdiction — Investment — Derivative transactions — Interpretation — Claims to money used to create an economic value — Claims to money associated with an investment — Whether a hedging agreement constituted an investment under the BITJurisdiction — Investment — Territorial requirement — Derivative transactions — Whether a hedging agreement satisfied the condition of territorial nexus to the host StateJurisdiction — Investment — ICSID Convention, Article 25 — Interpretation — Derivative transactions — Salini test — Contribution to economic development — Regularity of profit and return — Whether a hedging agreement constituted an investment — Whether all five elements of the Salini test were legal criteria for an investment under ICSID jurisdictionJurisdiction — Investment — ICSID Convention, Article 25 — Interpretation — Derivative transactions — Ordinary commercial transaction — Contingent liability — Whether a hedging agreement was an ordinary commercial transaction or a contingent liabilityJurisdiction — Contract — State-owned entity — Municipal law — Whether a hedging agreement was void because the transaction was outside a State-owned entity’s statutory authorityState responsibility — Attribution — Judicial acts — ILC Articles on State Responsibility, Article 4 — Whether a superior court was an organ of the host StateState responsibility — Attribution — Central bank — ILC Articles on State Responsibility, Article 4 — Whether a central bank was an organ of the host StateState responsibility — Attribution — State-owned entity — ILC Articles on State Responsibility, Article 4 — ILC Articles on State Responsibility, Article 5 — ILC Articles on State Responsibility, Article 8 — Whether a State-owned entity was an organ of the State — Whether actions of a State-owned entity were attributable to the State as an exercise of governmental authority — Whether a State-owned entity was acting under instructions or the direction and control of the StateFair and equitable treatment — Judicial acts — Due process — Interim order — Political motive — Whether court orders violated the standard of fair and equitable treatment — Whether public statements of a senior judge evidenced the political motive of court ordersFair and equitable treatment — Autonomous standard — Interpretation — Minimum standard of treatment — Whether the standard of fair and equitable treatment was materially different from customary international law447Fair and equitable treatment — Government investigation — Due process — Bad faith — Transparency — Whether a central bank’s investigation violated the standard of fair and equitable treatmentExpropriation — Indirect expropriation — Contract — Derivative transaction — Substantial deprivation — Debt recovery — Municipal law — Whether the subsistence of a contractual debt and the possibility to claim under the chosen law of a third State prevented a finding of expropriation — Whether the possibility of recovery in a third State was to be assessed as a prerequisite in the cause of action of expropriation or as a matter of causation and quantumExpropriation — Indirect expropriation — Contract — Substantial deprivation — Legitimate regulatory authority — Proportionality — Whether an interference with contractual rights was an exercise of the host State’s legitimate regulatory authority — Whether the regulatory measures were proportionateRemedies — Damages — Causation — Contract — Debt recovery — Whether the claimant suffered damages if it had the possibility to recover a contractual debt in the courts of a third StateCosts — Indemnity — Egregious breach — Bad faith — Whether the egregious nature of the host State’s breaches of its international obligations meant the claimant was entitled to full recovery of its costs, legal fees and expenses

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