scholarly journals The Importance Of Enforcing The Fundamental Principles Of International Law During The Negotiation Process

2015 ◽  
Vol 21 (2) ◽  
pp. 436-441
Author(s):  
Dan Gună
Keyword(s):  
Public Opinion ◽  
International Law ◽  
Negotiation Process ◽  
Good Faith ◽  
Power Balance ◽  
International Conflicts ◽  
Extra Time ◽  
The Real ◽  
The Public ◽  
Sovereign Equality

Abstract Diplomatic negotiations represent the most frequently regulated and used method when it comes to states settling their international conflicts. The negotiation process can be influenced by many factors, such as: the characteristics of the conflict, the power balance, the relation between the parties in conflict. From the perspective of international law, a significant importance for the success of negotiations is held by the observance of some principles such as: sovereign equality of the parties, the absence of force or threat to use the force, good faith, lack of interference in internal affairs, abstention from committing any act capable to worsen the conflict. For a solid lengthy settlement of a conflict, no solution can be imposed by using the force or threatening to use it and, hence, transgressing the essential attribute of states – sovereignty. States must show a good faith attitude during negotiations and use this diplomatic method with the real intent of settling the conflict and not for other strategic reasons, like getting extra time or creating a good faith appearance in front of the public opinion as they were looking for a solution.

COVID-19 și posibilele apărări în dreptul internațional: ar putea forța majoră și schimbarea fundamentetnală a circumstanțelor să justifice neexecutarea obligațiilor internaționale?

2020 ◽  
Vol 2020 (2020) ◽  
pp. 186-202
Author(s):  
Ion GÂLEA ◽  
Keyword(s):  
Public Opinion ◽  
International Law ◽  
Common Sense ◽  
Prima Facie ◽  
Fundamental Change ◽  
The Public ◽  
Force Majeure ◽  
International Obligations ◽  
International Responsibility ◽  
The Law

The study examines possible defences that States could invoke in order to justify or excuse measures designed to respond to the COVID-19 crisis, which prima facie might not be in conformity with certain international obligations. The study examines only defences available in general international law – beside certain exceptions that might be provided by the clauses of the respective treaties. Two grounds for suspending international obligations, stemming from the law of treaties – impossibility of performance and rebus sic stantibus – and three circumstances precluding wrongfulness, stemming from the law of international responsibility – force majeure, distress and state of necessity – are subject to examination. The study argues that, even if “common sense” might draw the public opinion towards the plausibility of invoking force majeure, impossibility of performance or fundamental change of circumstances, such a conclusion does not reflect general international law. In reality, the “best candidate” as a justification or excuse is distress, while the “second best candidate” might be represented by the state of necessity.

scholarly journals E-LEARNING ACCESSIBILITY IN STATE-OWNED SCHOOLS IN NORTH BALI

2019 ◽  
Vol 26 (1) ◽  
pp. 8
Author(s):  
Wicaksana Gede Dharma Arya ◽  
Dewi Ni Putu Febriana
Keyword(s):  
Qualitative Research ◽  
Public Opinion ◽  
Snowball Sampling ◽  
The Real ◽  
The Public ◽  
Interview Guide ◽  
E Learning ◽  
The Government ◽  
Descriptive Qualitative

This study aimed at investigating the implementation of e-learning in one of government non-favourite schools in Singaraja. This study was the result of the real implementationof e-learning in Bali in which the government expected e-learning to be applicable in every school in Bali since the launching of Balinese version of E-learning 2017. This research was a descriptive qualitative research. This study used snowball sampling in which the public opinion was counted. The data were collected by using observation and interview guide. The result of the study showed that the implementation of e-learning was not running well and became a serious problem. Some sollutions were offered in this study.

¿Sería constitucional el referéndum vasco?

2009 ◽  
pp. 15
Author(s):  
Antonio Bar Cendón ◽  
Francesc de Carreras Serra ◽  
Marc Carrillo López ◽  
Enric Fossas Espadaller ◽  
José Antonio Montilla Martos ◽  
...  
Keyword(s):  
Public Opinion ◽  
Negotiation Process ◽  
The Political ◽  
Autonomous Community ◽  
The Public ◽  
The Law ◽  
Pais Vasco

Se aborda en esta encuesta el proceso e implicaciones de la aprobación por el Parlamento Vasco, en junio de 2007, de la Ley 9/2008, de convocatoria y regulación de una consulta popular al objeto de recabar la opinión ciudadana en la Comunidad Autónoma del País Vasco sobre la apertura de un proceso de negociación para alcanzarla paz y la normalización política.This paper analyses the process and implications of the Law 9/2008, approved by the basque parliament in june of 2007, about summons and regulation of a popular consultation in order to obtain the public opinion in the Autonomous Community of the Baeque Country about the decision of openning a negotiation process to reach the peace and the political normalization.

II. Cases before the Court

2007 ◽  
Vol 56 (3) ◽  
pp. 708-712
Author(s):  
J Craig Barker
Keyword(s):  
International Law ◽  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
Good Faith ◽  
The Public ◽  
Time Limits ◽  
Republic Of Guinea ◽  
Public Hearings ◽  
Republic Of The Congo ◽  
The Republic

1. Gabčíkovo-Nagymaros Project (Hungary/Slovakia)On 2 July 1993, in pursuance of a Special Agreement of 7 April 1993, Hungary and Slovakia requested the Court to determine certain issues arising out of the implementation and termination of a 1977 Agreement on the construction and operation of the Gabčíkovo-Nagymaros barrage system. In its judgment of 25 September 199790 the Court found both States to be in breach of their obligations and called on them to negotiate a settlement in good faith.91 On 3 September 1998 Slovakia filed a request for an additional judgment, arguing that Hungary was unwilling to implement the judgment92 and it was subsequently agreed that Hungary would file a written statement of its position regarding this request by 7 December 1998.932. Ahmadou Sadio Diallo (Republic of Guinea v Democratic Republic of the Congo) Guinea instituted proceedings against the Democratic Republic of Congo on 28 December 1998 alleging grave breaches of international law perpetrated upon a national of Guinea. By an order of 25 November 199994 the following time limits were set for the submission of written pleadings: Republic of Guinea, memorial, 11 September 2000; Democratic Republic of the Congo, counter-memorial, 11 September 2001. By an order of 8 September 200095 these were extended to: Republic of Guinea, memorial, 23 March 2001; Democratic Republic of the Congo, counter-memorial, 4 October 2002. On 3 October 2002 the Democratic Republic of the Congo filed preliminary objections to the admissibility of the Application and in an order of 7 November 200296 the Court fixed 7 July 2003 as the time limit for submission of written observations by the Republic of Guinea. On 18 July 2006, the Court set 27 November 2006 as the date for the opening of public hearings on preliminary objections in relation to the case.97 The public hearings concluded on 1 December 2006 at which time the Court commenced its deliberations.98 The Court gave its decision in the case on 24 May 2007.99

scholarly journals KALATIDHA KARYA SENO GUMIRA AJIDARMA: SEBUAH POTRET BURAM KEMANUSIAAN

Humanus ◽  
2014 ◽  
Vol 12 (2) ◽  
pp. 143
Author(s):  
Imas Maryanah
Keyword(s):  
Public Opinion ◽  
Key Words ◽  
Real World ◽  
Real Life ◽  
The Real ◽  
The Public ◽  
Running Away ◽  
The World

AbstractThe changing dynamic of human lives makes most of them ignorant to the values of right and wrong. Truth, freedom, and justice have become scarce and beyond real.Cruelty has caused fear, restlessness, and misery. In order to be free from excruciatingpressure, Kalatidha describes a picture of how someone has lived in his dream happily.The dreams and goals he is been longing for are only enjoyed in that surreal world, theworld freed from norms, ideas, and public opinion. “Running away” is the word used todescribe how people lock themselves away from the real world.  For him, the real world he understands is the world that can give him joy,happiness, and cheerfulness. Things that are immoral in the eyes of the public are noshame to him. One thing he is sure of, that life is a journey, and how he live it. Emptinessis no longer misery, but a process that has to be passed through the journey. Kalatidhahas become a picture of how inner unrest becomes a focus of deceitful real life pantings.Deceit and dishonesty are stupid, and craziness is an act of hopelessness.  Key words : Dream, Journey, Deceit AbstrakDinamika gambaran kehidupan manusia yang terus-menerus berubah menyebabkan sebagian manusia tidak mengindahkan lagi, mana yang harus dilakukanmana yang dilarang. Kebenaran, kebebasan, keadilan menjadi barang langka yanghanya menjadi impian belaka. Kekejaman telah memunculkan ketakutan, kegelisahan,kesengsaraan. Agar terbebas dari tekanan yang menyiksa, Kalatidha menyajikan sebuahpotret bagaimana seseorang telah hidup di alam khayalnya dengan bahagia. Impian dancita-cita yang selama ini didambakan, hanya dapat dinikmati di alam “sana”. Alamyang  terbebas dari norma, ide, pendapat masyarakat. “Lari” itulah kata yang tepatuntuk menggambarkan bagaimana seseorang telah memenjarakan dirinya darikehidupan nyata.  Kehidupan nyata yang ia pahami hanyalah dunia yang dapat memberinyakesenangan, kegembiraan dan keceriaan. Hal-hal aneh yang dianggap menyimpang olehmasyarakat pada umumnya bukan merupakan celaan baginya. Satu hal yang ia yakinibahwa hidup ini adalah sebuah perjalanan, dan bagaimana ia menjalankannya. Kekosongan dan kehampaan bukan lagi siksaan, tapi sebuah proses yang harus dilewatidalam menempuh perjalanan. Kalatidha telah menjadi sebuah potret bagaimanapergolakan batin menjadi fokus sebuah lukisan kenyataan semu. Kepalsuan dan kepurapuraanadalahhalbodoh,dankegilaanadalahtindakandarisuatukeputusasaan.Key words : Impian, Perjalanan, Semu

Coming in from the Shadow of the Law: The Use of Law by States to Negotiate International Environmental Disputes in Good Faith

2006 ◽  
Vol 43 ◽  
pp. 101-143
Author(s):  
Cameron Hutchison
Keyword(s):  
International Law ◽  
Common Property ◽  
Negotiation Process ◽  
Good Faith ◽  
Soft Law ◽  
Migratory Species ◽  
Know How ◽  
Environmental Disputes ◽  
Discursive Interaction ◽  
Legitimate Interests

SummaryInternational law increasingly obliges states to negotiate in good faith environmental disputes that arise in connection with the use and protection of shared or common property natural resources — that is, watercourses, fisheries, and migratory species. Articulation of this duty to negotiate in good faith has been vague, and, perhaps as a consequence, disputes have been protracted or have gone unresolved. Part of the problem may be that states do not know how to interpret their competing rights in the resource. This article explores the facilitative potential of international authoritative soft law to good faith negotiation where rights and obligations of resource use and protection are broadly stated and their relationship to one another is unclear. In this context, our understanding of the relevance, sources, and use of law in the negotiation process contributes to whether law functions to facilitate or frustrate dispute resolution. Through discursive interaction undertaken in good faith, states should look to international authoritative soft law to explicate, integrate, and reconcile their legitimate interests within their competing rights and obligations, according to prescribed legitimacy criteria.

MONITORING PUBLIC ATTITUDE TO THE WORK OF POLICE IN KEMEROVO REGION - KUZBASS (BASED ON REGIONAL STUDIES)

2020 ◽  
Vol 3 (1) ◽  
pp. 114-120
Author(s):  
ELENA MATVEEVA ◽  
◽  
IGOR SITDIKOV
Keyword(s):  
Public Opinion ◽  
Police Officers ◽  
Federal District ◽  
Regional Research ◽  
Real Situation ◽  
The Real ◽  
The Public ◽  
Degree Of Protection ◽  
Russian Research Institute ◽  
Internal Affairs

The article aims to present a comparative analysis of the results of opinion polls conducted by all-Russian public opinion centers and regional research organizations regarding the work of the police based on the case of one division of the Siberian Federal District - Kemerovo Region - Kuzbass. It is noted that conducting such research acts as a kind of “feedback” tool between the Ministry of Internal Affairs and the public and is basically aimed at identifying the dynamics of current results and existing problems in the work of police officers. At the same time, the authors compare polls of different types (mass and online polls) and levels (federal or regional), which allows for a better analysis of the issue. The article analyzes data for the last few years obtained by the Public Opinion Foundation (FOM), the All-Russian Research Institute of the Ministry of Internal Affairs of Russia, the Siberian Politics Foundation and the Centre for Regional Social and Political Research at the Institute of History and International Relations of Kemerovo State University. The main issues that are constantly monitored by the leadership of the Ministry of Internal Affairs and representing the subjects of tudy for opinion surveys include the degree of protection of the population, the level of trust to police officers, performance assessment, the degree of victimization of the population (whether a person was subjected to criminal attacks or not for over the past 12 months). The study made it possible to see the weak and strong aspects of both the survey results themselves using the case of the region and to trace the similarities and differences in the public evaluation throughout the country and in Kuzbass. For example, online polls in Kuzbass conducted in September 2020 against the background of the COVID: pandemic showed a “surge” of protest potential in the responses. In general, the study concluded that federal results tend to color the real situation offering a certain generalized result across the country, while the level of regional research is more objective in reflecting the real situation.

scholarly journals power of silence in marriage

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Elia Shabani Mligo
Keyword(s):  
Public Opinion ◽  
Real Life ◽  
Specific Reference ◽  
Spiral Of Silence ◽  
The Real ◽  
The Public ◽  
The Church ◽  
Form Of Expression ◽  
The Way

Silence speaks louder than verbal speech, penetrating deeper into the hearts of those to whom it is directed. Marriage, as any other institution, is often surrounded by moments of silence between couples, which leads to thoughtful suffering. Contextualizing the theory of Spiral of Silence of Noelle-Neumann in the Bena context in Tanzania, this article provides a reading of the text in the Gospel according to John to discern the way in which it enlightens the real life situations of the church in regard to the role of silence. The article argues that the silence of Jesus in the text, as was his silence in the passion narratives, is a form of expression of his urgency and the communication of his power against the public opinion. In this case, the reading intents to look at the implication of silence within the prism of gender with specific reference to emotional abuses exerted by the church to marginalized people.

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