The Proposed International Hotelkeeper's Contract …Does it Benefit Anyone?

1985 ◽  
Vol 9 (2) ◽  
pp. 53-62
Author(s):  
Francis X. Brown
Keyword(s):  
International Institute ◽  
Private Law ◽  
The World ◽  
The Government ◽  
The Right

The International Institute for the Unification of Private Law proposed that an International Hotelkeeper's Contract be signed by all nations so that innkeeping laws be consistent throughout the world. The benefit to innkeepers is the right to sue guests who fail to use the agreed upon accommodations for a percentage of the first seven days rent if the innkeeper can prove actual damages. The disadvantage to the innkeeper is the responsibility for all guest property up to 500 to 1, 000 times the daily room rate. Lined up against the proposed contract are both the International Hotel Association and the American Hotel and Motel Association. In favor of the contract are the government representatives who voted for it. The paper discusses the seeming inconsistencies between the groups.

Fundamental Rights in the Indian Constitution: Could it include ‘Right to Sanitation’?

2016 ◽  
Vol 5 (6) ◽  
pp. 291-296
Author(s):  
Anil Kumar Mohapatra
Keyword(s):  
Fundamental Rights ◽  
Safe Drinking Water ◽  
Right To Life ◽  
Personal Liberty ◽  
Sanitation Facility ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
The World ◽  
The Government ◽  
The Right

Long before India gained independence, M.K. Gandhi remarked that the availability of Sanitation facility is more important than gaining Independence for an Indian. Of late, it is now increasingly felt and realized in India that facilities like toilet, safe drinking water, accompanied by good hygienic conditions are fundamental necessities of a person. These are prerequisites of social and economic justice and genuine development. The Supreme Court of India in one judgement held that Right to life and personal liberty, should include right to privacy and human dignity etc. Despite that it has been an admitted shame that India still has the largest number of people defecating in open in the world. There are reported incidences of rape and murder of women in many places in India as women rely on open field for attending to the call of nature in morning and evening. The attempts like Community toi-let system, pay-and-use toilet system and schemes like ‘Mo Swabhiman -Mo Paikhana’ have been found to be less effective. In this connection the ‘Clean India Mission’ campaign launched by the Government of India in 2014 has been regarded as a right approach in that direction. Government of the day is actively considering the demand to convert the Right to Sanitation from a developmental right to a fundamental right. It would make the state more accountable and responsible. Against this background, the paper argues that spending huge money on that would yield good dividend in future for the country.

scholarly journals INDUSTRY REVOLUTION 4.0 : STRENGHTHENING THE CREATIVE ECONOMY SECTORS THROUGH BEKRAF IMPLEMENTATION PROGRAMS

2020 ◽  
Vol 5 (01) ◽  
pp. 84-108
Author(s):  
I Wayan Aditya Harikesa
Keyword(s):  
Social Inclusion ◽  
Creative Industries ◽  
Creative Economy ◽  
The World ◽  
Close Cooperation ◽  
Economic Foundation ◽  
The Government ◽  
Small Medium Enterprises ◽  
The Right ◽  
Medium Enterprises

President Joko Widodo or Jokowi has made a great leap in enhancing Indonesia�s Small Medium Enterprises (SME)s and the country�s overall creative industries by establishing a new non ministerial institution called Badan Ekonomi Kreatif (BEKRAF) or the Creative Economy Agency. The BEKRAF, established under the Presidential Regulation Number 6 of 2015 issued on January 20, 2015, is responsible for accelerating the development of creative economy in Indonesia. Small Medium Enterprises (SMEs) have been playing crucial roles for generating economic progresses as well as social inclusion in Indonesia. Among the most important and worthy of priority is the country�s creative economy. The existence of BEKRAF will enhance close cooperation between the government, SMEs players and related economic stakeholders. This paper aims to assess the concept of �Creative Industries,� as a boundary concept that allows for increased co-operation between players and the generally opposing knowledge concepts�as reflected in their respective knowledge and cultural politics. Indonesia has great potential in terms of economic growth. In 2015, Indonesia�s Gross Domestic Product (GDP) rocketed to 4.79 percent, far above the previous expectation of only 2.4 percent. This encouraging climate is indeed the right moment for the government to strengthen the country�s economic foundation particularly in the real economic sector. Hence, BEKRAF has a vision to build Indonesia as one of the world�s great economic powers in the field of creative economy by 2030. This issue will be discussed comprehensively in the final part of the paper.

scholarly journals National Blockchain Laws as a Threat to Capital Markets Integration

2021 ◽  
Author(s):  
Matthias Lehmann
Keyword(s):  
International Institute ◽  
Private Law ◽  
Private International Law ◽  
The European Union ◽  
Legal Rules ◽  
Trade Law ◽  
International Trade Law ◽  
Commercial Code ◽  
The World ◽  
The Usa

Abstract Various states have started providing private law frameworks for blockchain transfers and crypto assets. France and Liechtenstein have adopted the first acts, while a commission of the British government sees no difficulties in extending property protection under the common law to crypto assets. In the USA, an amendment to the Uniform Commercial Code has been suggested, which has not stopped some states going their own, different way. The aim in all cases is to promote the use of modern distributed ledger technology and enhance investor protection. While these initiatives will increase legal certainty, they differ significantly. This has an important downside: there is a strong risk that the blockchain will be made subject to diverging legal rules. Similar to the world of intermediated securities, various national laws will need to be consulted to determine the rights and privileges of investors. This may increase transaction costs, thwart interoperability, and produce thorny conflict-of-laws problems. Markets risk being fragmented into national segments, with an inevitable diminution of their depth and liquidity. As a remedy, this article suggests developing uniform rules for the blockchain. Before national legislators and judges once again divide the world through idiosyncratic rules, the private law of crypto assets should be harmonized to the highest degree possible. Uniform rules should ideally be forged at the global level, by fora like the International Institute for the Unification of Private Law (UNIDROIT), the United Nations Commission on International Trade Law (UNCITRAL), and the Hague Conference on Private International Law. In the absence of worldwide rules, uniformization of private law should take place at the regional level—for instance, by the European Union. The article makes specific suggestions as to how this can be achieved and what the content of those rules should be.

scholarly journals Les grèves de médecins en République Démocratique du Congo : quels repères éthiques généralisables?

2019 ◽  
Vol 2 (2) ◽  
pp. 63-72
Author(s):  
Laurent Jean-Claude Ravez ◽  
Stuart Rennie ◽  
Robert Yemesi ◽  
Jean-Lambert Chalachala ◽  
Darius Makindu ◽  
...  
Keyword(s):  
Working Conditions ◽  
Democratic Republic Of Congo ◽  
Medical Profession ◽  
Moral Obligations ◽  
Almost Everywhere ◽  
Vulnerable Patients ◽  
The World ◽  
The Government ◽  
The Right ◽  
Minimum Quality

For several years, the Democratic Republic of Congo has been the scene of strikes by the country’s doctors. The strikers’ demands are essentially financial and statutory and are intended to put pressure on the government. In this country, as is the case almost everywhere in the world, medical strikes are allowed. Every worker has the right to denounce by strike working conditions that are considered unacceptable. But are doctors just like any other workers? Do they not have particular moral obligations linked to the specificities of their profession? To shed light on these questions, the authors of this article propose three essential moral benchmarks that can be generalized to medical strike situations elsewhere in the world. The first concerns the recognition of the right to strike for doctors, including for strictly financial reasons. Health professionals cannot be asked to work in inhuman working conditions or without a salary to support their families. The second benchmark argues that it is unacceptable for this right to strike to be exercised if it sacrifices the most vulnerable patients and thus denies the very essence of the medical profession. A third benchmark complicates the reflection by reminding us that the extreme dilapidation of the Congolese health system makes it impossible to organise a minimum quality service in the event of a strike. To overcome these difficulties, we propose a national therapeutic alliance between doctors and citizens to put patients back at the centre of the health system’s concerns.

scholarly journals RIGHT TO FOOD FOR ALL IN INDIA: MYTH OR REALITY

2018 ◽  
pp. 178-189
Author(s):  
Grishma Soni ◽  
Prachi V. Motiyani
Keyword(s):  
Carbon Dioxide Emission ◽  
Right To Life ◽  
Human Right ◽  
Right To Food ◽  
Complex Issue ◽  
The People ◽  
The World ◽  
The Government ◽  
The Right ◽  
The Impact

As we all know that food is the basic Human necessity, without which no one can survive. Making food available for all the people in the world is now days becoming a complex issue. The availability food is decreasing as a result of increase in population that will result in food insecurity or malnutrition. Indian constitution interprets the right to food as part of right to life, which is fundamental human right. Change in climate, the impact of globalization, Global Warming, Carbon dioxide emission from fuel etc. also affects the right to food of many people. This paper examines the situation prevailing in India and looks into the obligations and initiatives by the government of India to ensure Right to Food and make suggestions for addressing the issue and examines the possible way to make the scheme workable to achieve food security.

scholarly journals The Right to Education and ICT during COVID-19: An International Perspective

2020 ◽  
Vol 12 (21) ◽  
pp. 9091
Author(s):  
Luis Miguel Lázaro Lorente ◽  
Ana Ancheta Arrabal ◽  
Cristina Pulido-Montes
Keyword(s):  
Low Income ◽  
International Perspective ◽  
School Closure ◽  
Global Perspective ◽  
Low Income Countries ◽  
Right To Education ◽  
The World ◽  
The Government ◽  
The Right ◽  
The Impact

There is a lack of concluding evidence among epidemiologists and public health specialists about how school closures reduce the spread of COVID-19. Herein, we attend to the generalization of this action throughout the world, specifically in its quest to reduce mortality and avoid infections. Considering the impact on the right to education from a global perspective, this article discusses how COVID-19 has exacerbated inequalities and pre-existing problems in education systems around the world. Therefore, the institutional responses to guaranteeing remote continuity of the teaching–learning process during this educational crisis was compared regionally through international databases. Three categories of analysis were established: infrastructure and equipment, both basic and computer-based, as well as internet access of schools; preparation and means of teachers to develop distance learning; and implemented measures and resources to continue educational processes. The results showed an uneven capacity in terms of response and preparation to face the learning losses derived from school closure, both in low-income regions and within middle- and high-income countries. We concluded that it is essential to articulate inclusive educational policies that support strengthening the government response capacity, especially in low-income countries, to address the sustainability of education.

The Limits of Self-Determination: The Case of the Katanga Secession

1962 ◽  
Vol 56 (2) ◽  
pp. 404-416 ◽  
Author(s):  
René Lemarchand
Keyword(s):  
The United States ◽  
Self Determination ◽  
United States Government ◽  
Small States ◽  
The World ◽  
States Government ◽  
Republic Of The Congo ◽  
The Republic ◽  
The Government ◽  
The Right

Not the least paradoxical aspect of the United Nations mandate in the Congo, as described in the three-power resolution adopted by the Security Council on November 24, 1961, is that it was designed to prevent the exercise of a right which is explicitly recognized by the Charter. In effect, by “completely rejecting the claim of the Katanga as a sovereign independent Nation” and “recognizing the government of the Republic of the Congo as exclusively responsible for the conduct of the external affairs of the Congo,” the authors of the resolution clearly denied the provincial authorities of the Katanga the right to self-determination. Similarly, the support given by the United States government to the resolution, reaffirmed in several official statements, seems hardly compatible with our long-standing moral commitment to the Wilsonian principle that “the small states of the world have a right to enjoy the same respect for their sovereignty and territorial integrity that the great and powerful states expect and insist upon.” Actually, what may at first sight appear to be a sign of inconsistency is rather a reflection of the fundamental ambiguity in the concept of self-determination.

scholarly journals Controlling Pandemics: Solutions to Prevent the Next Pandemic

2020 ◽  
Author(s):  
Fahim Aslam
Keyword(s):  
Disease Outbreak ◽  
Healthcare Facilities ◽  
Scientific Innovation ◽  
The World ◽  
The Future ◽  
The Government ◽  
The Right ◽  
Available Resources

COVID-19 has been a major issue in most countries throughout the world with 213 countries being affected till date due to the disease. The pandemic has raised concerns over the healthcare facilities available in various countries and question the government decisions made during this period of outbreak. Despite having the best healthcare facilities several countries across Europe and America have found it difficult to contain the disease outbreak questioning the available solutions to contain an area. This paper focuses on presenting information on solutions available to control outbreaks in order to prevent another pandemic occurring in the future. The paper also highlights the strategies and plans implemented by various governments who have been successful in combatting the disease with minimum damage. By using available resources such as technology, scientific innovation and digitalized healthcare this paper focuses on providing solutions which are already available to be utilized in the right manner.

scholarly journals Democracy Backsliding as a Danger of Sustainable Development in the Post-Pandemic Period: Social and Legal aspects of Decision

2021 ◽  
Vol 126 ◽  
pp. 06007
Author(s):  
Oleg Tkach ◽  
Оleh Batrymenko ◽  
Dmytro Nelipa ◽  
Mykola Khylko
Keyword(s):  
Human Life ◽  
Legal Aspects ◽  
World Health ◽  
Global Pandemic ◽  
The World ◽  
The Government ◽  
Democratic Principles ◽  
Health Organization ◽  
The Individual ◽  
The Right

The article considers topical issues of the threat of collapse of democracy. Examples of the democracy collapse have shown the lack of free and fair elections in the world, which threatens the independence of the judiciary, restrictions on the right to freedom of speech, which limits the ability of the political opposition to challenge the government, to prosecute, to offer alternatives to the regime. The collapse of democracy in connection with the spread of COVID-19 is being considered, as the democratic spectrum has repeatedly resorted to excessive control, discriminatory restrictions on freedoms such as movement and assembly, and arbitrary or coercive coercion. Attention is drawn to the fact that the outbreak of coronavirus COVID-19 has led to the introduction in all countries of restrictions on the rights and freedoms of the individual in order to prevent the spread of this infectious disease, declared a global pandemic by the World Health Organization. Thus, the unusual nature of the COVID - 19 coronavirus pandemic poses numerous dilemmas to the public, governments, parliaments, the judiciary, law enforcement and many other actors when it comes to the need for effective protection of health and, ultimately, human life, as well as adherence to and ensuring the fundamental democratic principles of man and society.

scholarly journals Management Of Missing Person’s Properties In Maqasid Syariah Dimension

2017 ◽  
Vol 9 (1-4) ◽  
Author(s):  
Sulaiman M.A ◽  
Wan Yusoff W.Z ◽  
Al-Edrus S.M.D ◽  
Shafie. F
Keyword(s):  
Public Interest ◽  
Detrimental Effect ◽  
Positive Impact ◽  
Muslim Community ◽  
The World ◽  
The Government ◽  
The Right ◽  
Malaysian Airlines ◽  
Economy And Education ◽  
Inheritance Properties

The missing person issue has recently become the issue of the world, especially after the Malaysian Airlines MH370 tragedy a few years ago. In Islam, the missing person is known as ‘Al-Mafqud’. One of the largest issue is how the management of missing person’s properties which can also affect country and their heirs. Management of missing person’s properties is different as compared to management of inheritance properties. Uncertain status of person’s life or death creates the conflict and their property needs to be frozen due to law constraints either in Malaysia civil or syariah law. This phenomenon raises many issues and problems that become increasingly critical and extremely difficult to resolve. Besides, if the muslim’s properties do not develop, it can cause detrimental effect to the muslim community. In Islam, the wastage of wealth resource is highly discouraged because it will cause significant impact to the Muslims. Moreover, if the property is used wisely, it will give a positive impact to the society, economy and education. On that matter, in 1982 National Fatwa Committee has already given the decree that the government has the right to acquire or use any form of property that is not used for public interest. But until now, no effective measures have been taken by the government to ensure that these issues can be dealt with properly. Hence, this research addresses the management of missing person’s properties in the Maqasid Syariah dimensions.  

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