Table of International Instruments

2021 ◽  
Vol 39 (1) ◽  
pp. 823-826
Keyword(s):  
International Instruments

International Criminalization of Offences Relating to Cultural Property

2019 ◽  
pp. 18-24
Author(s):  
Danil Sergeev
Keyword(s):  
Cultural Values ◽  
Armed Conflict ◽  
Historical Review ◽  
Hague Convention ◽  
Cultural Property ◽  
Armed Conflicts ◽  
Cultural Value ◽  
Direct Connection ◽  
International Protection ◽  
International Instruments

The article evaluates current conditions of international criminalization of offences relating to cultural property and makes a brief historical review of developing international protection of cultural property and elaborating a corresponding notion. Having analyzed the international instruments, the author concludes that offences relating to cultural property may include deliberate seizure, appropriation, demolition as well as any other forms of destruction or damage to objects and items protected under the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict committed during international and non-international armed conflicts. These offences do not include such possible acts toward universal cultural values committed either beyond any armed conflict or without direct connection with it. Taking the examples of destruction of Buddhas of Bamiyan, Nimrud, Palmyra, and mausoleums of Timbuktu, the author states that international criminalization of offences relating to cultural property is insufficient, because it does not encompass such cases when objects or items of cultural value are damaged or destroyed under the control of national administrations or with their knowledge.

Right to Protection against Sexual Abuse and Exploitation

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Sexual Exploitation ◽  
Commercial Sexual Exploitation ◽  
Child Victims ◽  
Sexual Offences ◽  
Minor Children ◽  
Marriage Laws ◽  
Education Act ◽  
International Instruments

Child sexual abuse and exploitation covers the sexual maltreatment of both children and young people. Part A deals with child sexual abuse (CSA) in India, its magnitude, and child sexual abuse in institutions. It deals with the national legal regime relating to CSA including the constitutional provisions, Juvenile Justice Act, 2015 and Protection of Children from Sexual Offences Act, 2012 (POCSO). Law reform relating to some provisions in POCSO, child marriage laws, Right to Education Act and, and child victims and witnesses is recommended. Part B deals with commercial sexual exploitation and trafficking of minor children in the context of organized exploitation for commercial gain. The Indian laws dealing with commercial sexual exploitation and pornography are included. Important judgements and international instruments dealing with child sexual abuse and exploitation and the important role played by NGOs and government in dealing with cases of CSA and exploitation are included.

Conflict of Laws and the Return of Indigenous Peoples’ Cultural Property: A Latin American Perspective

2019 ◽  
Vol 26 (4) ◽  
pp. 437-456
Author(s):  
María Julia Ochoa Jiménez
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Latin American ◽  
National Level ◽  
Cultural Property ◽  
Cultural Value ◽  
Property A ◽  
American Perspective ◽  
International Instruments ◽  
Conflict Of Law

Abstract:In Latin America, conflict-of-law norms have not appropriately considered the cultural diversity that exists in their legal systems. However, developments towards the recognition of Indigenous peoples’ human rights, at the international and national levels, impose the task of considering such diversity. In that regard, within the conflict-of-law realm, interpersonal law offers a useful perspective. This article proposes a conflict-of-law rule that can contribute to clarity and legal certainty, offering a sound way of dealing at the national level with Indigenous peoples’ claims for restitution of property with a cultural value for them, which is framed in international instruments on human rights.

Space Debris Mitigation as an International Law Obligation

2015 ◽  
Vol 17 (3) ◽  
pp. 297-335
Author(s):  
Lawrence Li
Keyword(s):  
International Law ◽  
Space Debris ◽  
Outer Space ◽  
Legal Framework ◽  
International Responsibility ◽  
International Liability ◽  
International Instruments ◽  
Space Activities ◽  
Proper Interpretation ◽  
Debris Mitigation

Human space activities have grown rapidly in recent decades, but the international legal framework, comprising of the five space treaties, has largely remained unchanged since the 1980s. One of the consequences is that international responsibility and liability for space debris, which is a major hazard to space activities, have also remained uncertain for years. Nonetheless, States have responded to these problems by implementing national voluntary measures. More importantly, two major non-binding international instruments have been laid down by the Inter-Agency Space Debris Coordination Committee and the United Nations Committee on the Peaceful Uses of Outer Space, respectively. This article argues that, in light of recent States practice established under these international instruments, and a proper interpretation of the space treaties, it has been recognised by the international community that States are obliged to mitigate the generation of space debris, a failure of which will lead to international liability.

Correctional oversight bodies’ resources and protections across the European Union: Are their hands tied?

2021 ◽  
pp. 174889582098696
Author(s):  
Eva Aizpurua ◽  
Mary Rogan
Keyword(s):  
European Union ◽  
Critical Role ◽  
The European Union ◽  
Financial Independence ◽  
Staff Members ◽  
The United Kingdom ◽  
Equal Importance ◽  
Protection Mechanisms ◽  
Human Rights Standards ◽  
International Instruments

Oversight bodies play a critical role in upholding human rights standards in prison. Several international instruments require states to establish independent forms of prison oversight and to give them the powers they need to conduct their work. Resources are central to the effectiveness and independence of oversight bodies. Of equal importance is the ability of prison oversight bodies to offer protections against reprisals for those who choose to speak to them and for their own staff. In this article, we provide results from the first survey of prison oversight bodies in the European Union and the United Kingdom, focusing on the resources and protections which prison oversight bodies in these states have to enable them to conduct their work. Our results suggest the need to strengthen the financial independence of prison oversight bodies, with slightly less than half of the bodies having their own budget to monitor prisons. Bodies which had their own budgets had a greater number of staff members and a greater variety of professional backgrounds among their members, likely influencing their ability to fulfil their mandate. Our results also point to the need to develop further protection mechanisms against reprisals for those who speak with inspectors as well as for staff from prison oversight bodies.

A sociosemiotic interpretation of cultural heritage in UNESCO legal instruments: a corpus-based study

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Gwen Bouvier ◽  
Zhonghua Wu
Keyword(s):  
Cultural Heritage ◽  
Chinese Culture ◽  
Meaning Making ◽  
Cultural Beliefs ◽  
Future Research ◽  
Social Negotiation ◽  
Heritage Studies ◽  
Securitization Theory ◽  
Research Findings ◽  
International Instruments

Abstract The past few decades have seen a plethora of interest in heritage studies in international law, as the legitimization of cultural heritage is a significant aspect of protecting the legacy of humanity’s collective memory, which is fully reflected in a series of international instruments on culture. This paper examines the meaning-making process of UNESCO legal documents on cultural heritage from a sociosemiotic perspective. The data for the corpus-based study were analyzed quantitatively and qualitatively by applying the securitization theory to heritage studies. Research findings reveal three significant shifts in cultural heritage, i.e., from property to heritage, from tangible to intangible, and from material-centered to human-centered, which embodies the harmonious coexistence of humanity and nature, a philosophical idea embedded in traditional Chinese culture. As noted, terms targeting cultural heritage in UNESCO international instruments are the sign vehicle, generally mediated and shaped by social values, cultural beliefs, and conventional wisdom, etc. as a part of the interpretant, making different categories of heritage meaningful and interpretable. Characterized by temporality and spatiality, cultural heritage is subject to multiple interpretations. The meaning-making of international instruments for consideration is a sociosemiotic operation that can be construed through contextual factors and a process of social negotiation. This paper argues that a sociosemiotic approach to heritage studies is conducive to explicating the construction and deconstruction of heritage as discursive practices while offering some implications for future research.

Climate Displacement and the Legal Gymnastics of Justice: Is It All Political?

2021 ◽  
Vol 35 (2) ◽  
pp. 303-312
Author(s):  
Andrea C. Simonelli
Keyword(s):  
Climate Change ◽  
International Law ◽  
Legal System ◽  
Legal Analysis ◽  
Refugee Convention ◽  
Legal Remedy ◽  
The Future ◽  
Law And Justice ◽  
International Instruments

AbstractThe future for people becoming displaced due to climate processes is still unknown. The effects of climate change are more apparent every day, and those most acutely impacted are still unable to access an appropriate legal remedy for their woes. Two new books evaluate the limits to international legal protections and the application of justice. Climate Change, Disasters, and the Refugee Convention, by Matthew Scott, investigates the assumptions underpinning the dichotomy between refugees and those facing adversity due to climate-induced disasters. Climate Change and People on the Move: International Law and Justice, by Fanny Thornton, goes further by examining how justice is used—and curtailed—by international instruments of protection. Thornton's legal analysis is thorough and thoughtful, but also demonstrative of the limitations of justice when confined by historical precedent and political indifference. With so little still being done to hold industries to account, is it any surprise that the legal system is not yet ready to protect those harmed by carbon pollution? Demanding justice for climate displacees is an indictment of modern Western economics and development; it implicates entire national lifestyles and the institutions and people that support them.

Obiectul infracţiunii de pornografie infantilă: analiza gradului de compatibilitate între prevederile naţionale, internaţionale şi cele din legislaţiile unor state străine

2021 ◽  
Vol 2021 (2021) ◽  
pp. 86-100
Author(s):  
Stanislav COPEŢCHI ◽  
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Child Pornography ◽  
Republic Of Moldova ◽  
Scientific Approach ◽  
The Republic ◽  
International Instruments

In the present scientific approach is discussed the material/immaterial object of the crime of child pornography, in accordance with the criminal law of the Republic of Moldova, from the perspective of its compatibility with the provisions of the main international instruments in this matter (especially the Lanzarote Convention and the Budapest Convention). Likewise, is performed a comparative analysis of the national (Moldovan) provisions, being highlighted the content of some norms of incrimination from the criminal laws of some foreign states in the part concerning the material/immaterial object of the crime of child pornography.

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