Urgenda – World Rescue by Court Order? The “Climate Justice”-Movement Tests the Limits of Legal Protection

2019 ◽  
Vol 16 (2) ◽  
pp. 125-147 ◽  
Author(s):  
Bernhard W. Wegener
Keyword(s):  
Separation Of Powers ◽  
Legal Protection ◽  
Point Of View ◽  
Court Decisions ◽  
Court Order ◽  
Responsible Government ◽  
The World ◽  
Protection Goal ◽  
The Hague ◽  
Democratic Systems

The Gerechtshof in The Hague has condemned the Netherlands to take measures to ensure a reduction of at least 25% of Dutch greenhouse gas emissions by the end of 2020. The court thus confirms the first-instance Urgenda decision, which had attracted much attention worldwide and which serves as a model for a whole series of other climate change litigations, some of which have since failed, some are still pending or planned. Even bearing in mind the urgency of the climate protection goal pursued by these lawsuits, the idea of a world rescue through court decisions is ultimately misleading. It overestimates the power of the judicial branch and risks being lost in mere symbolism. Worse still, it shifts responsibilities and creates expectations that tend to further de-legitimize the constitutional democratic systems of the world and their concept of a separation of powers. Even from a solely environmental point of view, this constitutes a high risk, because there are no better alternatives of responsible government. Keeping this risk in mind, the fact that the specific “Urgenda”-decision is legally not convincing seems an almost minor aspect.

scholarly journals THE PROBLEM OF DETERMINING PRIORITIES OF ECOLOGICAL AND LEGAL PROTECTION: NATURE AND HUMAN HEALTH AS OBJECTS OF LEGAL

2017 ◽  
Vol 21 (1) ◽  
pp. 177-183 ◽  
Author(s):  
E. V. Vorontsova
Keyword(s):  
Legal Protection ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Point Of View ◽  
Nature Protection ◽  
Legal Norms ◽  
The World ◽  
Ecological Relations ◽  
Environmental Relations ◽  
Legal Mechanism

The paper is devoted to the problematic issues of the legal regulation of nature protection activities in the Russian Federation. The author notes that a sharp deterioration of the ecological situation indicates a crisis of the previously existing paradigm of human-environmental interaction. Therefore, the situation requires full-scale measures within the state's environmental strategy. However, the change of the environmental state policy as a whole and the improvement of the legal mechanism of environmental relations in particular encounters a number of theoretical and practical problems, which have not been solved. The author pays attention to the problem of determining the priorities of environmental and legal protection, which is very important in the process of establishing the optimal ratio in the "human-nature" relations. The result of solving the problems influences the objectives of the state environmental policy, as well as the objectives of the Environmental Safety Strategy. The author analyzes the main aspect of the considered problem, the essence of which is ambiguity of the fundamental object in ecological relations. It is noted that today there are two points of view on this issue in the Russian legal science. According to the first one, the object of legal protection is exclusively environmental interests of a man. Accordingly, the protection of nature must be carried out exclusively in the interests of his life and health. Supporters of the second point of view believe that the nature as a whole should be a priority in legal protection. The author notes that the choice of a particular conceptual position (and, accordingly, the priority of environmental and legal protection) depends on the world outlook on the role and place of a man in the world. At the same time, problems of a technical and legal nature, connected with internal logic and subordination of legal norms regulating ecological relations worsen the situation. The author concludes that there are internal contradictions in the mechanism of legal protection of the environment.

scholarly journals Russian linguistic culture: the concept of “justice” as a nuclear unit of the conceptual field of “guardianship”

2018 ◽  
Vol 55 ◽  
pp. 04001
Author(s):  
T. I. Kobyakova ◽  
S. D. Galiullina ◽  
N. L. Suntsova
Keyword(s):  
Social Protection ◽  
Legal Protection ◽  
Well Being ◽  
Russian Language ◽  
Point Of View ◽  
Special Role ◽  
Russian People ◽  
The World ◽  
The Individual ◽  
Russian Linguistic

The article considers the main language universals realizing the concept of “justice” in the Russian language picture of the world, which forms the basic component of the concept of “guardianship.” This concept realizes the idea of guardianship in the linguistic consciousness of the Russian people as a social protection for the disadvantaged part of the population. The purpose of the study is to determine the internal content of the concept of “justice,” functioning in the Russian linguaculture and being the nuclear unit of the conceptual field of “guardianship.” The object of description is the concept of “justice” in the structure of the conceptual field of “guardianship.” The methodological part of the paper is based on the dialectical connection of the past with the present and the application of the conceptual apparatus, which has been formed both in the Historical and in Social Sciences: Sociology, Philosophy, Political Science, and Linguistics. An interdisciplinary method was used, including historiographical and ideographic methods, linguistic and linguacultural analysis, which together allowed the presentation of a systematic description of an axiologically significant socio-linguistic phenomenon; an introspective method on the basis of which the basic way of presenting information reflected in the scientific works of Russian scientists is based on the principle of free interpretation of the material. The authors conclude that the linguacultural core of the linguistic picture of the world consists of concepts that are verbalized in the mind of the individual and form conceptual fields with thematic content in it. A special role in didactic purposes is played by the concept of “guardianship,” occupying a special place in the linguistic picture of the world of the Russian people, as it reveals the features of the social structure in the system of the rule of law. From the linguistic and cultural point of view, the concept of “guardianship,” as a form of manifestation of charity in the Russian conceptosphere “spirituality”, reflects the idea of social and legal protection being based, first of all, on the idea of moral justice. Linguistic analysis revealed the transformation of the internal content of the word-concept “justice” in the Russian linguistic culture. Justice as an absolute virtue, correlated with the idea of universal well-being, co-exists in society in three forms, namely moral, legal, and political.

Choice of Law in International Commercial Contracts

2021 ◽  
Keyword(s):  
Comparative Study ◽  
Point Of View ◽  
Commercial Arbitration ◽  
Choice Of Law ◽  
Party Autonomy ◽  
International Commercial Arbitration ◽  
Reference Guide ◽  
The World ◽  
The Hague ◽  
Similarities And Differences

Although the possibility of making a choice of law in respect of international commercial contracts has become widely accepted, national law still diverges in many respects with regard to the scope and relevance of, and the limitations on, party autonomy, leading to uncertainty in international commercial relations. This book compares the Hague Principles on Choice of Law in International Commercial Contracts (2015) with national, regional, supranational and international rules on choice of law around the world in order to chronicle the divergent approaches which exist today. The work is introduced by a comprehensive comparative report which sets out the similarities and differences between the featured national, regional, supranational and international rules, comparing such rules with those of the Hague Principles, thereby initiating a discussion on further harmonization in the field. Another report focuses on the application of the Hague Principles in the context of international commercial arbitration. Dedicated chapters analyse the Hague Principles from a historical, theoretical and international organizational point of view. Finally, examining each jurisdiction in detail, the book presents sixty national and regional article-by-article commentaries on the Hague Principles written by experts from all parts of the world. This dedicated and in-depth global comparative study of national, regional, supranational, and international rules provides a definitive reference guide to the key principles in respect of choice of law for international commercial contracts.

Medical Diagnosis from a Clinician’s Point of View

1978 ◽  
Vol 17 (01) ◽  
pp. 28-35
Author(s):  
F. T. De Dombal
Keyword(s):  
Decision Making ◽  
Data Analysis ◽  
Computer Science ◽  
Medical Diagnosis ◽  
Information Science ◽  
Point Of View ◽  
Joint Research ◽  
The World

This paper discusses medical diagnosis from the clinicians point of view. The aim of the paper is to identify areas where computer science and information science may be of help to the practising clinician. Collection of data, analysis, and decision-making are discussed in turn. Finally, some specific recommendations are made for further joint research on the basis of experience around the world to date.

Russia and China: The Vector of Development of Economic Cooperation

2004 ◽  
pp. 113-122
Author(s):  
L. Kabir
Keyword(s):  
World Economy ◽  
Economic Cooperation ◽  
Point Of View ◽  
Basic Commodity ◽  
The World ◽  
Economic Ties

This article considers the basic tendencies of development of trade and economic cooperation of the two countries with accent on increasing volumes and consolidating trade and economic ties in Russian-Chinese relations. The author compares Russian and Chinese participation in the world economy and analyzes the counter trade from the point of view of basic commodity groups.

THE GENESIS OF CONSERVATIVE IDEOLOGY, DEVELOPMENT TRENDS AND PROSPECTS IN THE POLITICAL REFORM OF MODERN COUNTRIES (ON THE EXAMPLE OF RUSSIA AND FRANCE)

2020 ◽  
Vol 10 (4) ◽  
pp. 38-43
Author(s):  
MARIETA EPREMYAN ◽  
Keyword(s):  
Political Reform ◽  
Point Of View ◽  
The Political ◽  
Development Trends ◽  
Conservative Ideology ◽  
The World ◽  
Christian Conservatism ◽  
The Future ◽  
Conservative Policy ◽  
Depth Interviews

The article examines the epistemological roots of conservative ideology, development trends and further prospects in political reform not only in modern Russia, but also in other countries. The author focuses on the “world” and Russian conservatism. In the course of the study, the author illustrates what opportunities and limitations a conservative ideology can have in political reform not only in modern Russia, but also in the world. In conclusion, it is concluded that the prospect of a conservative trend in the world is wide enough. To avoid immigration and to control the development of technology in society, it is necessary to adhere to a conservative policy. Conservatism is a consolidating ideology. It is no coincidence that the author cites as an example the understanding of conservative ideology by the French due to the fact that Russia has its own vision of the ideology of conservatism. If we say that conservatism seeks to preserve something and respects tradition, we must bear in mind that traditions in different societies, which form some kind of moral imperatives, cannot be a single phenomenon due to different historical destinies and differing religious views. Considered from the point of view of religion, Muslim and Christian conservatism will be somewhat confrontational on some issues. The purpose of the work was to consider issues related to the role, evolution and prospects of conservative ideology in the political reform of modern countries. The author focuses on Russia and France. To achieve this goal, the method of in-depth interviews with experts on how they understand conservatism was chosen. Already today, conservatism is quite diverse. It is quite possible that in the future it will transform even more and acquire new reflections.

Social Justice and Critical/Performative Communicative Pedagogy

2011 ◽  
Vol 4 (1) ◽  
pp. 21-34 ◽  
Author(s):  
John T. Warren
Keyword(s):  
Qualitative Research ◽  
Social Justice ◽  
Classroom Interactions ◽  
Point Of View ◽  
Constitutive Relationship ◽  
Just World ◽  
The World ◽  
Analytical Point ◽  
Embodied Pedagogy

Through narratives and critical interrogations of classroom interactions, I sketch an argument for a co-constitutive relationship between qualitative research and pedagogy that imagines a more reflexive and socially just world. Through story, one comes to see an interplay between one's own experiences, one's own desires and one's community — I seek to focus that potential into an embodied pedagogy that highlights power and, as a result, holds all of us accountable for our own situated-ness in systems of power in ways that grant us potential places from which to enact change. Key in this discussion is a careful analytical point of view for seeing the world and a set of practices that work to imagine new ways of talking back.

History of Tour de France from the Geographical Point of View

2013 ◽  
Vol 22 (3-4) ◽  
pp. 255-277 ◽  
Author(s):  
Vladimír Bačík ◽  
Michal Klobučník
Keyword(s):  
Point Of View ◽  
The Past ◽  
Advanced Technologies ◽  
The World ◽  
Spatial Dimensions ◽  
Tour De France ◽  
Wide Circle ◽  
History Of ◽  
Expert Community ◽  
Geographical Point

Abstract The Tour de France, a three week bicycle race has a unique place in the world of sports. The 100th edition of the event took place in 2013. In the past of 110 years of its history, people noticed unique stories and duels in particular periods, celebrities that became legends that the world of sports will never forget. Also many places where the races unfolded made history in the Tour de France. In this article we tried to point out the spatial context of this event using advanced technologies for distribution of historical facts over the Internet. The Introduction briefly displays the attendance of a particular stage based on a regional point of view. The main topic deals with selected historical aspects of difficult ascents which every year decide the winner of Tour de France, and also attract fans from all over the world. In the final stage of the research, the distribution of results on the website available to a wide circle of fans of this sports event played a very significant part (www.tdfrance.eu). Using advanced methods and procedures we have tried to capture the historical and spatial dimensions of Tour de France in its general form and thus offering a new view of this unique sports event not only to the expert community, but for the general public as well.

MENIMBANG PRINSIP ”DUTY OF CARE”: ‘PEMBELI’ MELAWAN ‘PEMBELI’ DALAM SENGKETA JUAL BELI TANAH

2017 ◽  
Vol 10 (1) ◽  
pp. 99
Author(s):  
Widodo Dwi Putro ◽  
Ahmad Zuhairi
Keyword(s):  
Legal Protection ◽  
Good Faith ◽  
Duty Of Care ◽  
Court Decisions ◽  
Analysis Method ◽  
Legal Standing ◽  
Physical Data ◽  
Agrarian Law ◽  
Land Sale

ABSTRAKSengketa jual beli tanah dalam perkara ini menyeret pihak penjual yang telah menjual objek yang sama kepada dua pembeli dalam dua kali transaksi. Pembeli kedua (penggugat) melayangkan gugatannya terhadap pembeli pertama (tergugat II). Posisi hukumnya dilematis. Kedua pembeli sama-sama merasa mempunyai hak atas tanah sengketa karena telah membeli objek yang sama dari penjual. Untuk membuktikan siapa pembeli yang berhak, hakim perlu mempertimbangkan asas "iktikad baik" (good faith), sebagai dasar untuk menentukan pembeli yang patut mendapat perlindungan hukum. Permasalahannya, kedua pembeli sama-sama mengklaim dirinya adalah pembeli yang beriktikad baik. Sehingga, untuk menilai siapa pembeli yang patut mendapat perlindungan hukum, hakim berpegangan pada prinsip duty of care, dengan mempertimbangkan siapa pembeli yang berhati-hati dan cermat memeriksa data yuridis dan data fisik sebelum dan saat jual beli dilakukan. Prinsip duty of care ini bersifat abstrak, maka metode penulisan yang digunakan, menelusuri dan mengkaji pendapat para ahli hukum perdata dan agraria untuk didialogkan dengan putusan-putusan hakim. Perkembangan putusan-putusan pengadilan mengenai pembeli beriktikad baik yang mengadopsi prinsip duty of care, seharusnya menjadi 'pegangan' para hakim dalam menangani kasus yang serupa, untuk menilai kapan pembeli dikategorikan sebagai pembeli beriktikad baik.Kata kunci: iktikad baik, perlindungan hukum, duty of care, data yuridis dan fisik.ABSTRACTThe dispute of land sale and purchase in this case drag the seller who had sold the same object to two buyers in two transactions. The second buyer (plaintiff) filed a lawsuit against the first buyer (defendant II). Its legal standing created a dilemma. Both buyers felt equally entitled to be the owner of the disputed land, which is the same object purchased from the seller. In providing evidence of the most eligible buyer, the judge should take into consideration the principle of "good faith" as the basis for determining the buyer deserving legal protection. The problem is that both buyers claimed that they were buyers of good faith. Therefore, to appraise which buyer deserving the legal protection, the judges adhered to principle of "duty of care" by taking into account which one of them was carefully and meticulously reading-through the juridical and physical data prior to and during the sale and purchase of the land was conducted. Given the abstract nature of the principle of "duty of care" the analysis method used in this discussion is exploring and studying the opinions of the experts of civil and agrarian law as to be juxtaposed with the decisions of the judges. The development of court decisions related to the issue of good faith buyers adopting the principle of "duty of care" should serve as a reference for the judges in handling similar cases to determine a good faith buyer.Keywords: good faith, legal protection, duty of care, juridical and physical data.

ЕКАТЕРИНА ВЕЛИКАЯ И ДИАЛЕКТИКА ПРОСВЕЩЕННОЙ МОНАРХИИ

2020 ◽  
Vol 15 (1) ◽  
pp. 39
Author(s):  
С. И. Дудник ◽  
И. Д. Осипов
Keyword(s):  
Cultural Policy ◽  
Separation Of Powers ◽  
Point Of View ◽  
Human Sciences ◽  
The Rule Of Law ◽  
Political Ideas ◽  
The People ◽  
Specific Interpretation ◽  
The Difference ◽  
Conservative Values

The article discusses the problems of evolution and the formation of the ideology of an enlightened monarchy in Russia. In this regard, the philosophical and political ideas of Catherine the Great, as well as their theoretical and ideological premises, are analyzed. It is noted that the philosophy of education in Russia was closely connected with the concepts of Voltaire, Didro, Montesquieu, Beccaria, Bentham, their views on natural law and human freedom, humanism and the rule of law. These concepts in the philosophy of Catherine received a specific interpretation, due to the sociocultural conditions of Russia. This was manifested in the famous work of Catherine the Great “The Nakaz”, which recognized Montesquieu's argument in favor of the autocracy, but at the same time, his point of view on the separation of powers was rejected. The specificity of the doctrine of enlightened monarchy lies in the combination of liberal and conservative values, which form eclectic forms. This was the dialectic of the supreme power, the difference between the enlightened monarchy and the ideology of absolutism. The article also notes that education in Russia is associated with fundamental socio-political reforms, processes of secularization of culture. At this time, the natural and human sciences are developing. The changes positively influenced the development of medicine, beautification of towns and public education. Also considered are the views on the autocracy of the opposition nobility intelligentsia: A. N. Radishchev and noted that his criticism of the autocracy was determined by an alternative cultural policy, proceeding from the protection of the interests of the people. The doctrine of enlightened monarchy is characterized by internal worldview inconsistency and political inconsistency, which did not allow solving the pressing social problems of the establishment of legal state, democratization of society and the abolition of serfdom.

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