Basic Concepts and Principles Related to Water at the National Level

2018 ◽  
Keyword(s):  
Local Governments ◽  
National Level ◽  
Case Law ◽  
Eminent Domain ◽  
Water Law ◽  
Basic Principles ◽  
State And Local ◽  
Basic Features ◽  
The Right ◽  
And Control

This chapter introduces the basic features of water law at the national level. The first section focuses on the fundamental right to water and reproduces several cases that have contributed to the understanding of the right to water. The second section focuses on constitutional provisions highlighting the varied competences of the national, state, and local governments in the water sector. The third section then moves on to highlight some of the basic principles of water law, including public trust, the precautionary principle, principles governing access to and control of water by individuals, sovereign appropriation and eminent domain. The instruments reproduced include, as appropriate, case law and statutes.

Guns on Campus: Surveying a rugged post-Heller/ McDonald landscape

2013 ◽  
Vol 45 (1-2) ◽  
pp. 77-108 ◽  
Author(s):  
Leif Magne Lervik
Keyword(s):  
Local Governments ◽  
Public Colleges ◽  
Concealed Weapons ◽  
Second Amendment ◽  
Academic History ◽  
Recent Developments ◽  
State And Local ◽  
Public Colleges And Universities ◽  
The Right ◽  
The U.S

In June 2008, the U.S. Supreme Court ruled that the Second Amendment to the U.S. Constitution guarantees an individual the right to keep and bear arms. Two years later, this decision was also made applicable to state and local governments. Today, seven U.S. states have provisions allowing the carrying of concealed weapons on their public senior high school campuses. This article, introduced by a brief comment on the Second Amendment’s legal and academic history, traces several recent developments of legal change. It discusses relevant arguments and attitudes towards guns on campus, and explores issues of future concern for public colleges and universities within the realm of firearms and campus safety.

scholarly journals Access to Public Housing for Outsiders

2018 ◽  
Vol 19 (2) ◽  
pp. 238-267
Author(s):  
E.D. Kusumawati ◽  
A.G. Hallo de Wolf ◽  
M.M.T.A. Brus
Keyword(s):  
Public Housing ◽  
Local Governments ◽  
Central Government ◽  
National Level ◽  
Cultural Rights ◽  
General Welfare ◽  
Indirect Discrimination ◽  
General Practices ◽  
The Right ◽  
Decentralised System

While the decentralised system adhered to by Indonesia has allowed the central government to delegate its affairs to local governments and has brought benefits for democracy, several issues are open for improvement. One of the areas allocated to local governments is housing and settlements. There are indications that in some cases the local governments fail to provide access to public housing for outsiders, who are also vulnerable to eviction and resettlement. This article discusses legal regulations and examples of housing policy at the national level. Moreover, it assesses general practices of four Indonesian local governments: Jakarta, Surabaya, Jogjakarta and Surakarta, concerning access to public housing for outsiders. The article investigates whether the four Indonesian local governments unintentionally facilitate indirect discrimination or legally limit the right to housing for the purpose of promoting the general welfare. The analysis is based on the prohibition of indirect discrimination related to the right to housing in the International Covenant on Economic, Social and Cultural Rights (icescr), General Comments and Concluding Observations.

scholarly journals PROBLEM OF INSTITUTIONAL PROVISION OF ECONOMIC DEVELOPMENT OF TERRITORIAL COMMUNITIES IN UKRAINE

2017 ◽  
Vol 19 (1(63)) ◽  
pp. 18-22
Author(s):  
A.M. Araftenii
Keyword(s):  
Economic Development ◽  
Local Governments ◽  
Legal Status ◽  
Living Environment ◽  
Basic Principles ◽  
The People ◽  
Territorial Unit ◽  
The Status ◽  
The Right ◽  
Determining Factor

This article is devoted to the problem of institutional provision of socio-economic development of territorial communities in Ukraine, analysis of the peculiarities of administrative and territorial modernization at the regional level, streamlining of the system and structure of local authorities, as well as substantiation of the basic principles that are intended to ensure the effectiveness of institutional modernization of territorial communities in Ukraine . The system of local self-government does not meet the needs of society. Local governments do not have the necessary levers of influence, properly fulfill their functions in most of the territorial communities, do not ensure the creation and maintenance of a suitable living environment, which is necessary for the full development of the person, the protection of his rights, self-realization and providing the population with local self-government available administrative, social And other services in certain areas. The formation of self-sufficient, active and active territorial communities in Ukraine is a determining factor in the democratization of Ukrainian society and the realization of the constitutionally enshrined right of the people as the only source of power in our state. It is important for communities to create appropriate government institutions that are accountable to them and are in control, and which are actually effective. A territorial community is a collection of citizens of Ukraine who live together in a rural or urban settlement, have their collective interests and legal status, which is determined by law. Unlike a simple territorial unit, a settlement that has the status of a territorial community is given certain rights. First of all, this is the right to self-government. The united territorial communities will become a territorial unit of regional subordination. The institutional provision of territorial communities in Ukraine requires not only theoretical reflection and substantiation. Any theories are only worth something when they are tested in practice.

scholarly journals Internet and freedom of expression in the case law of the European Court of Human Rights

2020 ◽  
Vol 54 (3) ◽  
pp. 1023-1042
Author(s):  
Ljiljana Mijović
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
The Internet ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
And Control

Internet as a means of communication, whatever the type of information it might be used for, falls within the exercise of the right to freedom of expression, as guaranteed by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. As established in the European Court's case law, freedom of expression constitutes one of the essentials of a democratic society, therefore limitations on that freedom foreseen in Article 10 § 2 of the Convention are to be interpreted strictly. In order to ensure effective protection of one's freedom of expression on the Internet, States bear a positive obligation to create an appropriate regulatory framework, balancing the right to freedom of expression on one and the limitations prescribed in Article 10 § 2, on the other hand. Special attention in doing so is to be paid to the risk of harm posed by content and communications on the Internet to the exercise and enjoyment of other human rights and freedoms guaranteed by the European Convention, particularly the right to respect for private life. While it is the fact that the electronic network, serving billions of users worldwide, will never be subject to the same regulations and control, because of the national authorities' margin of appreciation, the European Court established commonly applicable general principles regarding the Internet as a media of exercising right to freedom of expression.

scholarly journals Connecting the Dots Backwards, What Did Ruiz Zambrano Mean for EU Citizenship and Fundamental Rights in EU Law?

2021 ◽  
Vol 23 (1) ◽  
pp. 48-67
Author(s):  
Hanneke van Eijken
Keyword(s):  
Public Health ◽  
National Level ◽  
Case Law ◽  
Fundamental Rights ◽  
Added Value ◽  
Court Of Justice ◽  
The Right ◽  
Connecting The Dots ◽  
Near Future ◽  
The Eu

Abstract What was the added value of the Ruiz Zambrano judgment of the Court of Justice of the EU for the development of EU citizenship? And how does that affect the national level? In this contribution the case of Ruiz Zambrano and the subsequent case law of the Court of Justice and the Dutch courts is assessed to reveal its impact on EU citizenship and the protection of fundamental rights. The contribution shows that Ruiz Zambrano could be called a revolution, in the sense that irrespective of the exercise of free movement, nationals of the Member States can invoke their status of being an EU citizen. That has consequences for family reunification, and the right to reside as a family in the EU. However, the line of case law is still very limited and can be restricted on grounds of public policy and security (and public health; so far there is no case law on restriction on public health and Article 20 TFEU, but in the context of Covid-19 that might be different in the near future). Moreover, the fundamental rights narrative in the cases on Article 20 TFEU became more prominent. However, the implementation of this line of case law lies at the national level and the Dutch case law on Article 20 TFEU is therefore analysed as an example.

scholarly journals GOOD CORAL GOVERNANCE (INOVASI PENGELOLAAN TERUMBU KARANG) KABUPATEN WAKATOBI

2012 ◽  
Vol 2 (2) ◽  
Author(s):  
La Radu ◽  
Andi Luhur Prianto ◽  
Muchlas M Tahir
Keyword(s):  
Coral Reef ◽  
Marine Protected Areas ◽  
Local Knowledge ◽  
Local Governments ◽  
Innovation Management ◽  
Reef Management ◽  
Coral Reef Management ◽  
Modern Knowledge ◽  
State And Local ◽  
And Control

 The purpose of this study aims to determine the innovation management of coral reefs in the perspective of governance and to determine the factors supporting and inhibiting innovation coral reef management by local governments. This type of research is descriptive qualitative. The results showed the involvement of stakeholders in transplanting corals and supervision in the field of conservation of marine protected areas, there is a match between local knowledge and modern knowledge. Supervision and control is carried out by the Ministry of Maritime Affairs and Fisheries, Marine and Fisheries Agency well as the community watchdog group. Surveillance and monitoring operations have been allocated budgets of state and local budgets. Authority management refers to the laws, ministerial regulations , local regulations , village regulations and the values of local wisdom   Tujuan penelitian ini bertujuan untuk mengetahui inovasi pengelolaan terumbu karang dalam persfektif tata kelola dan untuk mengetahui faktor pendukung dan penghambat dalam inovasi pengelolaan terumbu karang yang dilakukan oleh pemerintah daerah. Tipe penelitian ini deskriptif kualitatif. Hasil penelitian menunjukkan adanya keterlibatan para pemangku kepentingan dalam melakukan transplantasi karang dan pengawasan dibidang konservasi daerah perlindungan laut, terdapat kesesuaian antara pengetahuan lokal dan pengetahuan modern. Pengawasan dan pengendalian dilakukan oleh kementerian Kelautan dan Perikanan, dinas kelautan dan perikanan serta kelompok masyarakat pengawas. Operasi pengawasan dan pemantauan mendapat alokasi anggaran dari APBN dan APBD. Otoritas pengelolaan mengacu kepada undang-undang, peraturan menteri, peraturan daerah, peraturan desa serta nilai-nilai kearifan lokal.

scholarly journals Fiscal Federalism in Nepal: Challenges and Opportunities

2019 ◽  
Vol 2 (1) ◽  
pp. 151-170
Author(s):  
R. K. Shah
Keyword(s):  
Natural Resources ◽  
Local Governments ◽  
Fiscal Federalism ◽  
Fiscal Decentralization ◽  
Resource Distribution ◽  
National Level ◽  
The State ◽  
Federal States ◽  
Challenges And Opportunities ◽  
State And Local

The Constitution of Nepal was formally promulgated and it declared the country as a Federal Democratic Republic on September 20, 2015 by the Second CA. Fiscal powers were shared among the federal government, the state governments and the local governments. The Constitution further defined the framework of fiscal federalism within the pattern of income and resource distribution. The primary objectives of this study is to review the modality presented in the new Constitution on the natural resources, economic rights and revenue allocation. The study finds that the fiscal decentralization initiatives have not been successful in minimizing the political, social, economic, regional and ethnic inequalities inherent for nearly 240 years of a unitary system of governance in Nepal. The study recommends that VAT, excise duties and income taxes have to be allocated at the federal, states and local levels in the ratio of 70 percent, 15 percent and 15 percent respectively by the Constitution. Intergovernmental transfer modality has included in the Constitution. Revenue sharing from hydropower has been a controversial issue in Nepal. National Natural Resources and Fiscal Commission (NNRFC) has been constituted at the central level to make national level development plans and to make recommendations for additional grants and loans for the state and local governments. The Constitution has further defined the framework of fiscal federalism within the pattern of income and resource distribution. The theoretical study indicates that there is various controversial and overlapping issues required clarity in process of implementation in the years to come.

scholarly journals ADMINISTRATIVE-TERRITORIAL REFORM IN UKRAINE: NORMATIVE-LEGAL ASPECT OF DECENTRALIZATION REFORM IN UKRAINE

2021 ◽  
Vol 1 ◽  
pp. 102-124
Author(s):  
Olena Lisova ◽  
Maxim Shevyakov ◽  
Olena Orlova
Keyword(s):  
Local Governments ◽  
Spatial Organization ◽  
Legal Aspect ◽  
National Level ◽  
Legal Framework ◽  
The State ◽  
Reform Process ◽  
Territorial Organization ◽  
State And Local ◽  
Decentralization Reform

The need for effective, capable self-government inevitably faces the need to change the spatial organization of local governments. In turn, the territorial organization of executive bodies also turned out to be far from optimal. In Ukraine, there have been discussions for many years about the reorganization (reform) of the entire system of public power in the country. But they have mainly always concerned the redistribution of powers in the power triangle at the national level: President - Parliament - Government. Since independence, changes have taken place here many times. However, despite the changes taking place in this redistribution at the national level, people living in specific towns and villages continue to face the same problems. To date, not clear enough mechanisms have been implemented to form effective local self-government and territorial organization of government to ensure the provision of high quality and affordable public services, meet the interests of citizens in all spheres of life in the territory, harmonize the interests of the state and local communities, establishing cooperation between the authorities and local governments. Currently, the second stage of decentralization in Ukraine continues in 2020-2021. The Cabinet of Ministers of Ukraine has identified the need for further reform process, introduction of decentralization in Ukraine as one of the priorities in the state, which will continue the development of local self-government, territorial communities and in general will enable the growth of Ukraine's economic indicators. In this regard, this article is aimed at studying the state of administrative-territorial reform in Ukraine, as well as outlining areas for improving the legal aspect of decentralization reform in Ukraine, as for further development of the legal framework, to continue the reform requires a number of important laws.

scholarly journals TRANSFORMATION OF THE LOCAL BUDGETS’ ROLE: THE EXPERIENCE OF UKRAINE IN THE CONTEXT OF GLOBALIZATION

2021 ◽  
Vol 7 (3) ◽  
pp. 127-133
Author(s):  
Olena Zelenko ◽  
Liudmyla Denyshchenko
Keyword(s):  
Local Governments ◽  
Positive Impact ◽  
Current Situation ◽  
Business Climate ◽  
Financial Capacity ◽  
State And Local ◽  
Decentralization Reform ◽  
Real Estate Register ◽  
The Right

The purpose of this study is to determine the peculiarities of the development of local budgets in Ukraine in the frame of decentralization reform in the context of established trends in local budgeting in other countries. The research methodology is based on the theory of financial globalization and involves methods of dialectics, methods and principles of scientific knowledge, tools of analysis and synthesis, expert evaluation, generalization and analogy. As a result of the research, the foreign experience of forming local budgets is highlighted and the peculiarities of this process in different countries of the world are determined; a review of existing publications and an analysis of the dynamics of the structure of local budgets and Ukraine are done; qualitative characteristic of the current situation and recommendations for further development of the local budgeting process in Ukraine in the current conditions of globalization are provided. Among the main recommendations for increasing the revenue part of local budgets there are the following: creation of additional conditions by the state and local governments to improve the business climate in communities; inventory and arrangement of community land funds; creation and arrangement of the real estate register; audit of the communal enterprises activities of the community in order to find additional opportunities to increase the efficiency of their activities; support and motivation of local business for further activity and development; intensification of the centers of administrative services and search for opportunities which will improve the provision of paid services of any complexity in the short term; promoting the development of domestic tourism. The practical value of the results of this research is that the proposed recommendations are general, relevant and can be used for all territorial communities of Ukraine with no exception. The analysis of trends in the context of local budgeting development processes in other countries and the current situation regarding decentralization reform allowed us to conclude that Ukraine has chosen the right direction, which has a positive impact on the financial capacity of local communities. Ukraine’s path towards transforming the role of local budgets, despite the similarity of the general features of local budget restructuring, should be unique. The implementation of the presented proposals will contribute to the successful completion of the decentralization reform and the full implementation of the role of local budgets – ensuring sustainable financial capacity and meeting all the needs of the inhabitants of a particular area.

scholarly journals Perlindungan Anak dalam Perspektif Hukum Islam dan Qanun Aceh Nomor 11 Tahun 2008

2019 ◽  
Vol 5 (2) ◽  
pp. 55
Author(s):  
Ida Friatna
Keyword(s):  
Sexual Harassment ◽  
Child Protection ◽  
Islamic Law ◽  
National Level ◽  
Cultural Development ◽  
Regional Level ◽  
Basic Principles ◽  
The Third ◽  
Study Child ◽  
The Right

This paper aims to study child protection in Islamic law perspective, and how the perspective has derived into the Qanun Aceh on child protection. Islamic law discusses child protection as childnurture/safeguards (hadhanah) and custodian (walayah). Child protection means fulfillingchildren's rights and protection from the harmful situation or things that could be a danger to theirphysics, soul, and property. On the national level, the Indonesian government stipulated theUndang-Undang Number 35 Year 2014 on Child Protection, so at the regional level, theGovernment of Aceh followed up by stipulating the Qanun Number 11 Year 2008 on ChildProtection. The Qanun states that child protection aims to ensure the right for life, grow, develop,and participate optimally as well as humanistic value and dignity, and children get protection fromexploitation, violence, and discrimination. Those all protections toward to realize the good quality ofchildren in Aceh, good morality, and wealth. Child protection is conducted through religion, custom,socio-cultural development. It puts forward basic principles, namely anti-discrimination, the child'sneeds-response, the right to live, and appreciation. Substantially, the Qanun contains all rights inprotecting the child. But there are needs in socializing and optimizing the law enforcer in protectingchildren. This study found many indicators on the less of child protection in Aceh. Recently, Acehstands as the third-highest rank province in Sumatera with the number of child violence.Furthermore, children's sexual harassment becomes the most reported case.

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