scholarly journals The Nexus between State Liability Principle and WTO Law

2016 ◽  
Vol 7 (3) ◽  
pp. 323-342
Author(s):  
Intan Innayatun Soeparna
Keyword(s):  
The State ◽  
Economic Interest ◽  
Individual Rights ◽  
Economic Activities ◽  
Economic Rights ◽  
National Courts ◽  
The Government ◽  
State Liability ◽  
The Right

Abstract There are two functions of the state liability principle. The first is to secure individual rights (including economic rights) from a wrongful act conducted by a government, and the second is to compensate for damage caused by the infringement of individual right. Economic right is inherently allowing an individual to pursue economic interest both domestically or globally. In order to accommodate this right, a government is obliged to provide trade rules and mechanisms for every individual to conduct their global economic activities by participating in the WTO. The objective of the WTO significantly corresponds to the individual’s right in order to obtain trade benefits. Hence, when a government infringes trade rules and mechanisms underlined in WTO Law, it will directly restrict individuals from gaining trade benefits under the WTO or, moreover, it will restrain individuals from enjoying their inviolable economic rights. When the right is violated, and the damage occurs, it thus leads to the obligation for the government to compensate the damage according to the state liability principle. This article discusses the nexus between the state liability principle and WTO Law, in order to encourage national courts to exercise the function of state liability by referring to the infringement of economic rights caused by the violation of WTO Law.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.

Konsistensi Implementasi Hak Menguasai Negara Dalam Upaya Mengatasi Dominasi Perekonomian Asing Guna Mewujudkan Kemandirian Ekonomi Nasional

Jurnal Hukum ◽  
2014 ◽  
Vol 30 (2) ◽  
pp. 1477
Author(s):  
Suparji Suparji
Keyword(s):  
The State ◽  
Economic Activities ◽  
The People ◽  
The Right

 AbstractThe president—Jokowi, has a mandate from the people to make Indonesia to be more equitable and prosperous. In order to fulfill this mandate, he has set nine priority programs known as the concept of Nawa Cipta. This program calls for concrete steps so as not merely a wish list. The most fundamental thing in economics field is how the constitutional mandate that the right to dominate the state can be realized in the management of economic activities, including in dealing with foreign economic domination in IndonesiaKeywords: implementation, the right to dominate the state, foreign economic domination.  AbstrakPresiden Jokowi telah mendapatkan mandat dari rakyat untuk mewujudkan Indonesia yang lebih adil dan sejahtera. Dalam rangka memenuhi mandat tersebut, telah ditetapkan sembilan program prioritas       yang dikenal dengan konsep Nawa Cipta. Program ini tentunya memerlukan langkah-langkah kongkret sehingga tidak sekedar menjadi daftar keinginan. Hal yang paling mendasar dalam bidang ekonomi adalah bagaimana amanat konstitusi yakni hak menguasai negara dapat diwujudkan dalam pengelolaan kegiatan perekonomian, termasuk dalam mengatasi dominasi perekonomian asing di Indonesia.  Kata kunci: implementasi, hak menguasai negara, dominasi perekonomian asing  

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

Recht und Pflicht – Einschränkungen von Freiheit?

2021 ◽  
Vol 69 (1) ◽  
pp. 98-113
Author(s):  
Klaus Vieweg
Keyword(s):  
Free Will ◽  
The State ◽  
Individual Rights ◽  
Right To Life ◽  
Emergency Situations ◽  
The Will ◽  
Definition Of ◽  
The Right

Abstract Can one speak philosophically of a justified limitation of freedom? Hegel’s logically founded definition of free will and his understanding of right and duty can contribute to a clarification of the concept of freedom. Important is a precise differentiation between freedom and caprice (Willkür) – the latter being a necessary but one-sided element of the free will. In caprice, the will is not yet in the form of reason. Rational rights and duties are not a restriction of freedom. Insofar as individual rights can collide (e. g. in emergency situations), there can be a temporary and proportionate restriction of certain rights in favour of higher rights, such as the right to life. Dictatorships are instances of capricious rule which restrict freedom; the rationally designed state, by contrast, restricts only caprice. What is tobe defined are the duties and the rights of the state and the duties and the rights of the citizens.

Sources of the recognition of belligerent status

1977 ◽  
Vol 17 (192) ◽  
pp. 111-127 ◽  
Author(s):  
Charles Zorgbibe
Keyword(s):  
Civil War ◽  
19Th Century ◽  
The State ◽  
Sovereign Power ◽  
Equal Status ◽  
Positive Law ◽  
Unilateral Action ◽  
The Government ◽  
The Right ◽  
The 19Th Century

“Whenever a large organized group believes it has the right to resist the sovereign power and considers itself capable of resorting to arms, war between the two parties should take place in the same manner as between nations…” This statement by de Vattel in the 19th century seemed destined to take its place as a part of positive law, constituting part of what was known as recognition of belligerency, tantamount to the recognition by the established government of an equal status for insurgents and regular belligerents. When a civil war became extensive enough, the State attacked would understand that it was wisest to acknowledge the existence of a state of war with part of the population. This would, at the same time, allow the conflict to be seen in a truer light. The unilateral action of the legal government in recognizing belligerency would be the condition for granting belligerent rights to the parties. It would constitute a demonstration of humanity on the part of the government of the State attacked and would also provide that government with prospects for effective pursuit of the war. By admitting that it was forced to resort to war, it would at least have its hands free to make war seriously.

scholarly journals Rektor C.J.L. Almqvist och personlighetsprincipen

2014 ◽  
Vol 1 (2) ◽  
pp. 43-61
Author(s):  
Annika Ullman
Keyword(s):  
Elementary School ◽  
The State ◽  
The Political ◽  
Individual Freedom ◽  
Pilot School ◽  
The Government ◽  
Existential Dimension ◽  
The Right ◽  
Liberal Culture

Principal C.J.L. Almqvist and the principle of personalityThe Swedish author and visionary Carl Jonas Love Almqvist (1793–1866) was the principal for twelve years (1829–1841) of the government-initiated pilot school ”Nya Elementarskolan” (New Elementary School) in Stockholm. In this position, he argued that both the school and the state should be built on the same basic idea: the right of individual freedom. This argument is often referred to as ”personlighetsprincipen” (the principle of personality), a concept launched by another prominent figure of the liberal culture of the time, Erik Gustaf Geijer (1783–1847). This article explores how the principle of personality is expressed in the texts of Almqvist and is mainly built upon the concept’s allegorical resources. It examines the thesis that Almqvist’s use of the term is best understood if one distinguishes between the political, pedagogical, and existential dimension of the concept. The article ends with some thoughts about the context of the concept and a discussion on whether Almqvist had a greater interest in personalities than in principles.

scholarly journals Turismo de base comunitária na Costa Verde (RJ): caiçaras, quilombolas e indígenas

2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Teresa Cristina de Miranda Mendonça ◽  
Renato de Oliveira dos Santos ◽  
Paloma Cristina Barbosa Lopes ◽  
Sandro dos Reis Andrade ◽  
Ana Paula Veríssimo de Moraes
Keyword(s):  
Indigenous Peoples ◽  
Rio De Janeiro ◽  
The State ◽  
Northern Coast ◽  
Economic Activities ◽  
Conservation Units ◽  
Community Based ◽  
Population Means ◽  
Use Of Resources ◽  
The Right

Descrevendo o turismo no estado do Rio de Janeiro, destaca-se o seu litoral. Parte desta área integra a região turística denominada Costa do Sol (litoral norte) e a Costa Verde (litoral sul). Pode-se assim,remeter à ideia de apropriação do espaço litorâneo pela prática turística e aos conflitos existentes entre as populações locais e às novas lógicas do capital que se inserem na região. Este trabalho tem como foco de pesquisa a região da Costa Verde, que sofreu influencia do turismo a partir da década de 1970 com a inauguração do trecho Rio-Santos da BR101. Com a estrada chegaram à especulação imobiliária e consequente expulsão dos nativos, e também a instituição das leis ambientais como a criação de unidades de conservação da natureza de proteção integral. No entanto, nesta região estão presentes diversos grupos tradicionais: indígenas, caiçaras e quilombolas que lutam pelo reconhecimento de seu território, contra a expulsão do local herdado e os limites de utilização dos recursos impostos pelas unidades de proteção. Além disto, reivindicam serem incluídos no mapa do turismo da região. Como grande protagonista local foi criado, em 2007, o Fórum de comunidades Tradicionais Angra dos Reis, Paraty e Ubatuba - FCT que traz à tona questões diversas que permeiam a vida de todos que vivem neste local. Na reivindicação pela visibilidade ligada ao turismo foi elaborado o mapa de turismo de base comunitária - TBC do Fórum em 2015. Assim, tendo como metodologia de pesquisa exploratória e descritiva utilizando o método qualitativo (pesquisa documental, bibliográfica e de campo), este trabalho tem como objetivo investigar, do ponto de vista sociocultural e político-organizacional, como se constitui o TBC no território abrangido pelo FCT, porém tendo como foco de análise três iniciativas: a comunidade caiçara de São Gonçalo (Paraty), Quilombo Bracuí e Aldeia Sapukai, ambas localizadas em Angra dos Reis. O resultado traz reflexões sobre o TBC e suas correlações com alguns temas: populações tradicionais; resistência cultural, territorial e econômica; permanência no território tradicional; valorização da identidade e história local; o direito pela prática das atividades econômicas tradicionais e do turismo.Ou seja, ser uma população tradicional significa uma forma de resistência, que transforma experiências locais em turismo. Um turismo denominado localmente de TBC que significa também incluir no mapa do estado os grupos sociais “invisíveis”. Assim constata-se que estas iniciativas estão ligadas a um movimento político e social que tem o turismo como ferramenta de poder. Community-based tourism in Costa Verde (RJ): caiçaras, quilombolas and indigenous peoples ABSTRACT The coastline stands out in the description of tourism in the state of Rio de Janeiro (Brazil). Part of this area comprises the tourist regions of Costa do Sol (northern coast) and Costa Verde (southern coast). They are related to the ideas of appropriation of the coastal space by tourist practice and the conflicts among local populations and the new logics of the capital inserted in the region. This study discusses the Costa Verde region which was influenced by tourism from the 70s with the opening of the Rio-Santos stretch of the BR101 highway. It was followed by real estate speculation and consequentently expulsion of indigenous peoples and also the emergence of environmental laws with the creation of nature conservation units of integral protection. In this region, there are several tradition groups – such as indigenous peoples, caiçaras and quilombolas – who claim: a) the recognition of their territories against the expulsion of the inherited place and the limits of the use of resources imposed by the protected units, and b) their inclusion in the tourist map of the region. Playing the role of the great local protagonist, the Forum of the Traditional Comunities (FCT) of Angra dos Reis, Paraty e Ubatuba was created in 2007 to discuss several issues concerning the life of their residents. As to the demand to the visibility linked to tourism, a community-based tourism (TBC) map was made in the 2015 Forum. This work aims at investigating the TBC in the territories comprising the FCT under a sociocultural and political-organizational approach and an exploratory and descriptive methodological framework with focus on three initiatives: the caiçara community of São Gonçalo (Paraty), Bracuí Quilombo and Sapukai Village, located in Angra dos Reis. The findings of the research raise insights on the TBC and its correlation with the following themes: traditional populations, cultural, territorial and economic resistence, permanence in traditional territory, promotion of local identity and history and the right to the practice of traditional and economic activities and tourism. In other words, being a traditional population means a form of resistence which transforms local experiences in tourism and a locally named TBC also means including the ' invisible' social groups in the state map. Our claim is that these initiatives are linked to a political and social movement which uses tourism as a power tool. KEYWORDS: Community-Based Tourism; Traditional Populations; Costa Verde (RJ, Brazil); Forum of Traditional Communities.

The Politics of Paternalism

2015 ◽  
Author(s):  
Julian Le Grand ◽  
Bill New
Keyword(s):  
Well Being ◽  
The State ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Better Than

This chapter examines the politics of paternalism. It first considers the question of whether the government can do better than the individual, outlining a set of justifications for government paternalism and showing how the state can intervene to improve the well-being of its citizens. It then discusses possible ways in which the government could be held to account to ensure that, in its paternalistic interventions aimed at improving its citizens' well-being, it does actually pursue the “right” agenda. It argues that the government can indeed raise the well-being of individuals who suffer from reasoning failure, even when allowance is made for possible reasoning failure among those individuals who constitute the government. However, democratic mechanisms must be put in place to ensure that the latter do not pursue their own agenda and turn the paternalistic state into an instrument of authoritarianism.

Introduction

2019 ◽  
pp. 1-16
Author(s):  
Katie Jarvis
Keyword(s):  
French Revolution ◽  
Free Market ◽  
The State ◽  
Economic Activities ◽  
Old Regime ◽  
Modern Democracy ◽  
Social Body ◽  
Socioeconomic Issues ◽  
Market Women ◽  
The Right

This chapter introduces the over 1,000 Parisian market women known as the Dames des Halles and outlines how Politics in the Marketplace changes understandings of work, gender, and citizenship in the French Revolution. First, this book insists that marketplace actors shaped the nature of nascent democracy and capitalism through their daily commerce. As the revolutionaries overhauled Old Regime privileges in les Halles, they confronted the tensions between socially egalitarian projects and free market aspirations in everyday trade. Second, this book expands recent non-Marxist inquiries to reconsider the socioeconomic issues at the heart of the Revolution. It proposes the concept of economic citizenship to consider how an individual’s economic activities such as buying goods, selling food, or paying taxes position him/her within the collective social body and enable him/her to make claims on the state. Third, Politics in the Marketplace intervenes in the dominant narrative of gender and modern democracy. Instead of defining citizenship by electoral rights, this book explores how the Dames and fellow revolutionaries invented multiple notions of citizenship in its embryonic stages, some of which did not immediately divide citizenship by gender. Fourth, this book argues that, in their words and actions, the Dames conceptualized their citizenship through useful work. According to the market women, their occupational, civic, and gendered work served society and earned them the right to make claims on the state in return. The Dames’ notion of citizenship thus included gendered components but did not take gender as its cornerstone. Finally, the introduction describes the sources used to tap into the Dames’ world.

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