Sovereign Debt and Human Rights: An Introduction

2018 ◽  
pp. 1-10
Author(s):  
Ilias Bantekas ◽  
Cephas Lumina
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
Sovereign Debt ◽  
The State ◽  
Direct Relevance

This chapter attempts a synthesis of all various chapters in the book and attempts to show the links between sovereign debt and human rights. It identifies these links by reference to particular rights (socio-economic as well as civil and political) as well as by subject matter. The chapter, in addition, introduces in brief all the chapters of the book, demonstrating that debt has a direct relevance upon all the functions of the state and impacts directly upon all human rights.

scholarly journals Legal principles of implementation of migration administrative procedures

2020 ◽  
Vol 1 (1) ◽  
pp. 251-257
Author(s):  
Yuriy Yermakov
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
Legal Regulation ◽  
The State ◽  
National Strategy ◽  
Legal Basis ◽  
Administrative Services ◽  
Legal Principles ◽  
Administrative Procedures ◽  
The Subject

The article deals with coverage of legal regulation of administrative procedures in the field of migration. It has been established that the legal regulation of the provision of administrative services in the field of migration is based on the subject matter of the normative legal acts in the sphere of: 1) citizenship, including the issue of acquisition of citizenship of Ukraine; types of services for citizens of Ukraine on departure abroad, etc .; 2) immigration - arrival in Ukraine or leaving in Ukraine in accordance with the procedure established by law of foreigners and stateless persons for permanent residence. The author has classified legal acts of the legal basis of administrative procedures in the field of migration should be as follows: laws of Ukraine to be adopted by the Verkhovna Rada of Ukraine. For example, Law of Ukraine of January 18, 2001 No. 2235 “On Citizenship of Ukraine”; Law of Ukraine of 21.01.1994 No. 3857I "On the Procedure of Departure from Ukraine and Entry of Citizens of Ukraine into Ukraine"; Law of Ukraine of November 20, 2012 No. 5492 “On the Unified State Demographic Register and Documents Confirming Ukrainian Citizenship, Identifying a Person or Special Status”, etc .; decrees and decrees of the President of Ukraine (for example, Decree of the President of Ukraine dated 25.08.2015 No. 501/2015 "On approval of the National Strategy in the field of human rights"; Decree of the President of Ukraine of 27.03.2001 No. 215/2001 "Issues of organization of implementation of the Law of Ukraine" On Citizenship Decree of the President of Ukraine №327 / 2015 "On the admission of the citizenship of Ukraine to Lortkipanidze G. as a person whose acceptance into the citizenship of Ukraine is of national interest for Ukraine", etc.; resolutions and orders of the Cabinet of Ministers of Ukraine (eg Verkhov resolution Council of Ukraine of 26.06.1992 № 2503-XII "On Approval of the Provisions on the Passport of the Citizen of Ukraine"; Decree of the Cabinet of Ministers of Ukraine of 21.01.1993 No. 793 "On the State Duty"; specimen form, technical description and procedure for registration, issuance, exchange, transfer, withdrawal, return to the state, destruction of the passport of a citizen of Ukraine for traveling abroad, his temporary detention and withdrawal”, etc.; 4) orders, instructions, regulations, etc. of central and local executive authorities (for example, to obtain administrative services for acquiring citizenship of Ukraine are governed by normative legal acts, including Order of the Ministry of Internal Affairs No. 715 of 16.08.2012; etc.).

Sovereign Debt and Self-Determination

2018 ◽  
pp. 267-283
Author(s):  
Ilias Bantekas
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Sovereign Debt ◽  
External Pressure ◽  
The State ◽  
Self Determination ◽  
Policy Decisions ◽  
Effective Policy ◽  
Fundamental Needs

In this chapter we make use of the word ‘effective’ in order to test whether a particular action, contractual clause or other measures produce an outcome that is otherwise offensive to self-determination. This is not always easy because economic self-determination is sparse in the human rights literature. In this chapter we put forward the proposition that a state is sovereign where it is effectively empowered, without pressure or coercion, to make all policy decisions required to run the state machinery and satisfy the fundamental needs of all its people (at the very least), both individual and collective. A state’s effective policy and decision-making power is effectively curtailed where: a) it has been substituted in these functions by a third state or an organ of that state; b) where it is prevented from taking a particular action, such as unilateral default; c) where it is forced to violate fundamental domestic laws, including its constitution or the result of a referendum or; d) where external pressure is exerted against its government and institutions with the aim of creating volatility and uncertainty concerning its finances so that it succumbs to such pressure.

DEFINITION OF THE PUBLIC SECURITY AND ORDERLINESS ENSURING MECHANISM IN UKRAINE

2018 ◽  
Vol 1 (11) ◽  
pp. 155-163
Author(s):  
Marina Aleksandrovna Kalievskaya
Keyword(s):  
Human Rights ◽  
Development Strategy ◽  
State Policy ◽  
The State ◽  
Point Of View ◽  
Public Security ◽  
National Priority ◽  
Institu Tions ◽  
Protection Of Human Rights ◽  
Definition Of

In this article, a model of the mechanism of ensuring public security and orderliness in accordance with the principles and tasks of the relevant institu- tions in public administration, taking into account resources, technologies, mea- sures for the state policy implementation in the spheres of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order. It was found that ensuring public security and order in Ukraine is a mechanism for the implementation of national goals of state policy in the areas of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, by defining tasks according to certain principles. The idea is that if one considers the state policy in the spheres of ensuring the protec- tion of human rights and freedoms, the interests of society and the state, combat- ing crime, maintaining public security and order as a national priority (purpose, task), then the mechanism of ensuring public security and order in Ukraine needs coordination with the state development strategy. From the point of view of the implementation of the state policy in the areas of ensuring the protection of hu- man rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, the mechanism of ensuring public security and order in Ukraine can be considered as the main system providing intercon- nection such elements as institutions (implementing the specified state policy), resources (human resources, logistical, natural and so on, with the help of which it is possible to implement state policy), technologies (skills, knowledge, means and so on the implementation of state policy), measures (action plans), as well as external (internal) threats.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Respect for the social and economic rights of citizens as an imperative to reduce poverty in the Khabarovsk territory

2020 ◽  
Vol 93 (4) ◽  
pp. 161-169
Author(s):  
I. I. Chesnitskiy ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
The State ◽  
Economic Rights ◽  
Priority Area ◽  
Regional State ◽  
The Social ◽  
The Russian Federation ◽  
A Priority ◽  
Social And Economic Rights

The article presents an analysis of the state and problems of implementing the socio-economic rights of population of the Khabarovsk territory as a priority area for reducing poverty. Attention of the authorities was drawn to the situation of poverty in a number of northern municipalities, where the population is experiencing difficulties in realizing their socio-economic rights due to the lack of jobs. Concern was expressed about the socio-economic rights of persons released from the places of deprivation of liberty. The Commissioner for human rights in the Khabarovsk territory, taking into account the study of situation in the region, sets out his vision for solving the problem of reducing poverty in the Khabarovsk territory and makes proposals that, in his opinion, can be used by the regional state authorities to achieve the indicators set by the President of the Russian Federation.

Sovereign Debt and Human Rights

2018 ◽  
Keyword(s):  
Human Rights ◽  
Sovereign Debt ◽  
Structural Adjustment ◽  
Credit Rating ◽  
Full Range ◽  
Audit Committees ◽  
World Bank Group ◽  
Social Scientists ◽  
Export Credits ◽  
Bank Group

The first book to address the links between sovereign debt and human rights. Authors are renowned jurists, economics, historians and social scientists, all of which examine the links between debt and human rights from a variety of angles. The book is structured around five basic parts. The first sets out the historical, political and economic context of sovereign debt. Indeed, without understanding how debt accumulates, why it is necessary and to whom it is owed, it is impossible to fully comprehend the full range of arguments about its impact on human rights. The second part effectively addresses the human rights dimension of the three types of sovereign lenders, namely inter-governmental financial institutions (IFIs) (chiefly those from the World Bank group and those within the EU framework), sovereigns and private lenders. Part II examines also debt-influencing mechanisms, and with the exception of vulture funds that will be analysed in Part V, here we examine the role of export credits, credit rating agencies and bilateral investment treaties. Part III goes on to make the link between debt and the manner in which the accumulation of sovereign debt violates human rights. From there, Part IV examines some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt. All of these conditionalities have been shown to exacerbate the debt itself at the expense also of economic sovereignty. It is thus explained in Part IV that such measures are not only injurious to the entrenched rights of peoples, but that moreover they exacerbate the borrower’s economic situation. Finally, Part V addresses the range of practical responses to sovereign debt, such as odious debt claims, unilateral repudiation, establishment of debt audit committees and others.

Diplomatic Assurances Against Torture – An Effective Strategy? A Review of Jurisprudence and Examination of the Arguments

2008 ◽  
Vol 77 (4) ◽  
pp. 319-364 ◽  
Author(s):  
Lena Skoglund
Keyword(s):  
Human Rights ◽  
International Law ◽  
War On Terror ◽  
The State ◽  
Security Threats ◽  
International Human Rights ◽  
Actual Risk ◽  
Substantial Risk ◽  
International Human ◽  
Controversial Area

AbstractHuman rights organisations have warned repeatedly that basic human rights are being challenged in the so-called 'War on Terror'. One particularly controversial area is the use of diplomatic assurances against torture. According to international human rights instruments, the state shall not return anyone to countries in which they face a substantial risk of being subjected to torture. In the 'War on Terror', an increasing number of non-citizens are being deemed 'security threats', rendering them exempt from protection in many Western states. To be able to deport such 'threats' without compromising their duties under international law, states are increasingly willing to accept a diplomatic assurance against torture – that is, a promise from the state of return that it will not subject the returnee to torture. There is wide disagreement as to whether and/or when diplomatic assurances can render sufficient protection to satisfy the obligations of non-refoulement to risk of torture. Whereas the human rights society label such assurances as 'empty promises', others view them as effective, allowing states to retain their right to remove non-citizens without violating international law. This article reviews international and selected national jurisprudence on the topic of diplomatic assurances against torture and examines if and/or when such assurances might render sufficient protection against torture to enable removals in accordance with international law. The courts and committees that have reviewed the use of diplomatic assurances against torture have identified essential problems of using them, thus rejecting reliance on simple promises not to torture. However, they have often implied that sufficient protection might be rendered by developing the assurances. I argue that this approach risks leading the governments into trying to perfect a system that is inherently flawed – whilst, incidentally, deportations to actual risk of torture continue. Even carefully modelled assurances render only unreliable protection against torture. For this, and reasons connected to undesirable side-effects of their use, I argue that the practice should be rejected.

The Neutral State: Optional or Necessary?: A Triangular Analysis of State–Religion Relationships, Democratisation and Human Rights Compliance

2006 ◽  
Vol 1 (3) ◽  
pp. 269-303 ◽  
Author(s):  
Jeroen Temperman
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Detrimental Effect ◽  
The State ◽  
Political Commitment ◽  
Religious Denomination ◽  
Policy And Practice ◽  
Religious Difference ◽  
Full Compliance ◽  
State Neutrality

AbstractThis article suggests a signicant correlation between the notions of state neutrality and religious freedom. The absence of a considerable degree of state neutrality has a detrimental effect on human rights compliance. Under states which identify themselves strongly with a single religious denomination as well as under states which identify themselves negatively in relation to religion, there is no scope for human rights compliance. Both extreme types of state–religion identication are characterised by repression of all beliefs and manifestations thereof which do not correspond with the state sanctioned view on belief. This may be either the upholding of a specic religious denomination or of militant ideological secularism. Consequently, discrimination and marginalisation rather than compliance with the norms of freedom of religion and the promotion of non-discrimination comprise policy and practice under these regimes. Intermediate forms of state–religion afliation, i.e. types of identication in which the state is not drenched with the excluding ideals of a single denomination or with anti-religious sentiments, allow for a degree of democratic inclusion of religious difference and of religious tolerance. The most substantial scope for full compliance, however, lies in the combination of democratic inclusion of people from different religions and the indispensable political commitment characterised as state neutrality with respect to all people. State neutrality refers to a regime of state–religion identi cation that can best be understood as 'accommodative non-partisanship'.

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