Australia and People Seeking Asylum who Arrive by Boat

2018 ◽  
pp. 518-536
Author(s):  
Caroline Fleay
Keyword(s):  
Political Parties ◽  
United Nations ◽  
Government Policies ◽  
The Past ◽  
The People ◽  
The Status ◽  
Repeated Use ◽  
United Nations Convention ◽  
The United Nations

Throughout the past forty years various leaders from both major political parties in Australia have categorized the arrival by boat of people seeking asylum as a “crisis” and the people themselves as “illegal.” This is despite Australia being a signatory to the United Nations Convention Relating to the Status of Refugees, and receiving relatively few people who seek asylum compared with many other countries. Punitive government policies and processes have further reinforced these representations, such that “crisis” and “illegal” can now be understood as both categories of analysis and practice. The repeated use of such categories may be helping to produce and reproduce prejudice and racism and obscure the needs and experiences of people seeking asylum.

scholarly journals The Indian Occupied Kashmir Dispute: A Legal Analysis in purview of United Nations Resolutions

2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Dr. Rao Qasim Idrees, Dr. Muhammad Imran, Tahir Jamil
Keyword(s):  
United Nations ◽  
South Asian ◽  
Use Of Force ◽  
Legal Analysis ◽  
Asian Countries ◽  
Indian Government ◽  
The People ◽  
The Status ◽  
Historical Methodology ◽  
The United Nations

Kashmir is an uncontrollable conflict between the two South Asian countries: India and Pakistan. Since 1989 the people of Kashmir have faced a massive violation of human rights committed by Indian forces. The United Nations resolutions strengthened the Kashmiri’s movement of freedom. However, it is also a reality that, somehow and somewhere, the UN had failed in the Kashmir dispute in order to give the implementation to its resolutions. The Kashmir issue is complicated but could have been resolved if the UN had taken its responsibility with true letter and spirit. Recently, the Indian government changed the status of Kashmir by the abolishment of Article 370 and 35A, and also passing a Bill in August 2019, further makes the situation more difficult in Kashmir. In this situation, it is pertinent to mention here that Indian occupied Kashmir is a disputed issue in the light of UNSC resolutions between two south Asian countries. The current research is based upon descriptive and historical methodology and the facts and results are provided as per the legal analysis of the current situation of Indian occupied Kashmir. Finally, this research concludes that India cannot solve the Kashmir dispute through revocation of Article 370 and 35A of the Indian constitution provisions about the status of Kashmir, and also not use of force; the Kashmir dispute can only be resolved according to the Resolution adopted by the United Nations Commission for India and Pakistan on 13 August 1948.

scholarly journals PERLIDUNGAN JUSTICE COLLABORATOR TINDAK PIDANA KORUPSI

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Jupri Jupri
Keyword(s):  
Law Enforcement ◽  
Political Parties ◽  
United Nations ◽  
State Party ◽  
United Nations Convention ◽  
The United Nations ◽  
Special Protection ◽  
Crime Of Corruption

ABSTRACT                The guaranted of protection to a Justice Collaborator is stipulated in Article 32 of the United Nations Convention Against Corruption, 2003) as ratified as Law Number 7 Year 2006 stipulates that each State Party is obliged to provide physical and psychological protection against witnesses and experts in the disclosure of criminal acts of corruption. As the development progresses of corruption disclosure in Indonesia, the arrangement of Justice Collaborator is then started to be regulated explicitly in Law Number 31 Year 2014 on Protection of Witness and Victim.               Although physical, legal and special protection guarantees against the Justice Collaborator already exist. In fact, in the disclosure of a crime of corruption committed crime, a witness of the perpetrator who cooperates with law enforcement gets bullied until threats are killed. For example in the disclosure of corruption cases involving a number of politicians Political Parties in Indonesia. Keywords: Justice Collaborator, Protection, Corruption 

scholarly journals Sport for All and Social Inclusion of Individuals with Impairments: A Case Study from Brazil

Societies ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 44
Author(s):  
Lyusyena Kirakosyan
Keyword(s):  
United Nations ◽  
Social Inclusion ◽  
Sport Participation ◽  
Military Dictatorship ◽  
Persons With Disabilities ◽  
The Past ◽  
United Nations Convention ◽  
The United Nations ◽  
The Military

This article examines the discourses about Sport for All (SFA) and their evolution over the past four decades in Brazil and analyzes the implications of those discourses for social inclusion of Brazilians with impairments in sport and leisure. It provides an overview of four political milestones in the development of sport participation in Brazil: the launch of the SFA program under the military dictatorship; the adoption of the 1988 Constitution; the ratification of the United Nations Convention on the Rights of Persons with Disabilities; and the Rio 2016 Paralympics. Foucault’s archaeological-genealogical approach has been used to explain how the principle of social inclusion has been practised and enacted through the SFA discourses in Brazil and to discuss the implications of sport and leisure policies for the population with impairments.

THE ACHIEVEMENTS AND LIMITS OF ITALIAN ANTI-CORRUPTION LEGISLATION IN LIGHT OF THE INTERNATIONAL LEGAL FRAMEWORK

2016 ◽  
Vol 25 (1) ◽  
pp. 275-297
Author(s):  
Leonardo Borlini
Keyword(s):  
United Nations ◽  
Legal System ◽  
Legal Framework ◽  
The Past ◽  
Domestic Legislation ◽  
United Nations Convention ◽  
The United Nations ◽  
International Instruments ◽  
Italian Legislation

The past twenty years have seen unprecedented international initiatives aimed at combatting corrupt practices. Over the same period, Italy has ratified and implemented within its legal system five international anti-corruption treaties and amended its domestic legislation on different occasions. However, despite considerable efforts, corruption remains a serious challenge in the country. With particular reference to the aforementioned conventions, this article explores the main international rules on criminalisation and prevention of corruption in order to assess achievements and limits of the Italian legislation in light of such provisions. The article is thus divided into two main sections. The first considers the development of the regional and other anti-corruption initiatives which culminated in the United Nations Convention against Corruption; the second examines the main achievements and shortcomings of the Italian anti-corruption legislation in light of the outcomes of the monitoring procedures set by the international instruments ratified by Italy.

scholarly journals Departures from the Coast: Trends in the Application of Territorial Sea Baselines under the Law of the Sea Convention

2012 ◽  
Vol 27 (4) ◽  
pp. 723-732 ◽  
Author(s):  
Clive Schofield
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Practical Application ◽  
The Past ◽  
Emerging Trends ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Definition Of

Abstract Baselines are crucial to the definition of maritime claims and the delimitation of maritime boundaries. The United Nations Convention on the Law of the Sea (LOSC) provides for several distinct types of baseline. These various baselines are discussed relative to their practical application over the past three decades. While some LOSC baseline provisions have proved to be well drafted and have led to broad compliance, the loose language contained in other baselines Articles has resulted in their being interpreted liberally. Contemporary and emerging trends and challenges are also highlighted.

scholarly journals Defiance and Compliance:  Australia and the United Nations Convention Relating to the Status of Refugees

2021 ◽  
Author(s):  
◽  
Danika Grandkoski
Keyword(s):  
National Identity ◽  
United Nations ◽  
Asylum Seekers ◽  
Human Rights Treaties ◽  
The Status ◽  
International Obligations ◽  
United Nations Convention ◽  
The United Nations ◽  
Legislative Changes ◽  
Refugees And Asylum Seekers

<p>An analysis of Australia’s level of compliance with the United Nations Convention Relating to the Status of Refugees (the Convention) according to theories of compliance, suggests that no single compliance theory can adequately explain both instances of violation and instances of compliance. Much of Australia’s violation of the Convention, and subsequently other international human rights treaties, stems from more recent legislative changes though Australia’s offshore processing initiatives. Collectively theories of compliance are useful for identifying the driving factors which govern Australia’s handling of international obligations under the Convention. Liberal compliance theory indicates civil society and non-state actors are the most influential drivers ensuring the state is held accountable for upholding its obligations and responsibilities. Constructivist compliance theory suggests the greatest pull towards non-compliance is Australia’s notion of national identity which has influenced discriminatory policies throughout its history. National identity remains an influential driver as evidenced by current politicisation of discussion surrounding refugees and asylum seekers in Australia and subsequent legislative agendas.</p>

scholarly journals Defiance and Compliance:  Australia and the United Nations Convention Relating to the Status of Refugees

2021 ◽  
Author(s):  
◽  
Danika Grandkoski
Keyword(s):  
National Identity ◽  
United Nations ◽  
Asylum Seekers ◽  
Human Rights Treaties ◽  
The Status ◽  
International Obligations ◽  
United Nations Convention ◽  
The United Nations ◽  
Legislative Changes ◽  
Refugees And Asylum Seekers

<p>An analysis of Australia’s level of compliance with the United Nations Convention Relating to the Status of Refugees (the Convention) according to theories of compliance, suggests that no single compliance theory can adequately explain both instances of violation and instances of compliance. Much of Australia’s violation of the Convention, and subsequently other international human rights treaties, stems from more recent legislative changes though Australia’s offshore processing initiatives. Collectively theories of compliance are useful for identifying the driving factors which govern Australia’s handling of international obligations under the Convention. Liberal compliance theory indicates civil society and non-state actors are the most influential drivers ensuring the state is held accountable for upholding its obligations and responsibilities. Constructivist compliance theory suggests the greatest pull towards non-compliance is Australia’s notion of national identity which has influenced discriminatory policies throughout its history. National identity remains an influential driver as evidenced by current politicisation of discussion surrounding refugees and asylum seekers in Australia and subsequent legislative agendas.</p>

scholarly journals Constitutional Status of FATA: Pre & Post Merger Comparison of Legal & Administrative System

2021 ◽  
Vol VI (II) ◽  
pp. 1-6
Author(s):  
Sadia Fayaz ◽  
Sumaira Gul ◽  
Aasia Khatoon Khattak
Keyword(s):  
Political Parties ◽  
World Trade Center ◽  
Administrative System ◽  
The Past ◽  
The People ◽  
Line Region ◽  
The Status ◽  
Trade Center ◽  
The Government ◽  
Great Step

FATA, located in northwestern Pakistan, was once a battlefield for nineteenth-century imperial domination. Soon after Pakistan's independence, various tribes admitted allegiance to the state. There was a separate political and administrative system in FATA; this system retained the traditional way of 'JIRGA' system in these areas, which were included in the 1973 constitution of Pakistan. After the 9/11 terrorist attacks on the world trade center and the pentagon, FATA became the front-line region in War on Terror, which greatly affected the area. The people of FATA faced exploitation of their rights in the past. The government of Pakistan in 2018 took a great step towards the development of FATA by its merger into KP, which was a great change in the status of the area, supported by different political parties.

scholarly journals Politik Hukum Ratifikasi Konvensi PBB Anti Korupsi di Indonesia

2016 ◽  
Vol 4 (2) ◽  
Author(s):  
Atep Abdurofiq
Keyword(s):  
United Nations ◽  
International Cooperation ◽  
National Economy ◽  
Good Governance ◽  
Internal Environment ◽  
The People ◽  
United Nations Convention ◽  
The United Nations ◽  
The Impact

Abstact : This study sought to see an international legal ratification of UN conventions in the form of anti-corruption and its impact on the internal environment of a country, especially Indonesia.Corruption is a never-ending problem discussed and resolved. Corruption became the nation's disease because it has been longstanding, massive and systemic. Corruptions become a disaster for the national economy and undermine system of governance. Corruption is not merely the loss of state money, but the impact on poverty and the miserable life of the people. Indonesia considers the UN anti-corruption convention is quite important in the effort to uphold the "good governance" and create a climate conducive to investment. International cooperation is needed to resolve the problem of corruption in order to prevent and eradicate corruption, of course, need to be supported by integrity, accountability, and management of good governance and the nation Indonesia has been active in the international community's efforts to prevent and eradicate corruption to have signed the United Nations Convention against Corruption, 2003 (United Nations Convention Against Corruption, 2003). Ratification is an attempt to construct the identity of Indonesia that first acts as a corrupt country into a country that has a desire to create a clean government. Abstrak: Tulisan ini mencoba untuk melihat ratifikasi hukum internasional khususnya konvensi PBB anti korupsi serta dampaknya bagi kondisi dalam negeri sebuah Negara, khususnya Indonesia. Indonesia memandang konvensi PBB anti korupsi cukup penting dalam upaya menegakkan "good governance"dan menciptakan iklim investasi yang kondusif. Kerja sama internasional diperlukan untuk menyelesaikan masalah korupsi ini dalam rangka pencegahan dan pemberantasan tindak korupsi, tentunya perlu didukung oleh integritas, akuntabilitas, dan manajemen pemerintahan yang baik. Indonesia telah ikut aktif dalam upaya masyarakat internasional untuk pencegahan dan pemberantasan korupsi dengan menandatangani Konvensi Perserikatan Bangsa-Bangsa Anti Korupsi, 2003. Ratifikasi merupakan upaya konstruksi identitas Indonesia sebagai negara yang korup menjadi negara yang mempunyai keinginan untuk menciptakan pemerintahan yang bersih. DOI: 10.15408/jch.v4i2.4099

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