scholarly journals Is a closed system of legal standing always safe for the environment. The Case of Armenia

10.17345/1289 ◽  
2013 ◽  
Vol 3 (2) ◽  
Author(s):  
Gor Movsisian

The objective of this note is to provide solutions to the problem of the legal standing of non-governmental organizations before the courts in the particular case of Armenia. These solutions are based on the progress that has been made in the study of environmental law, the provisions of the Constitution of Armenia, international obligations, and developments in case law. In particular, it is argued that non-governmental organizations in Armenia are formally endowed with the right to access justice on environmental matters in public interest litigations, even though this right is not recognized by the courts of the Republic of Armenia. To overcome this discrepancy the author of the article offers an interpretation of the legislation in order to sustain his position. By analysing some problems the author underlines the prominence of the developments in the Republic of Armenia and Europe that are little known to the lawmaking and law enforcing authorities or underestimated by them in the long term perspective.

2013 ◽  
Vol 3 (2) ◽  
Author(s):  
Gor Movsisian

The objective of this note is to provide solutions to the problem of the legal standing of non-governmental organizations before the courts in the particular case of Armenia. These solutions are based on the progress that has been made in the study of environmental law, the provisions of the Constitution of Armenia, international obligations, and developments in case law. In particular, it is argued that non-governmental organizations in Armenia are formally endowed with the right to access justice on environmental matters in public interest litigations, even though this right is not recognized by the courts of the Republic of Armenia. To overcome this discrepancy the author of the article offers an interpretation of the legislation in order to sustain his position. By analysing some problems the author underlines the prominence of the developments in the Republic of Armenia and Europe that are little known to the lawmaking and law enforcing authorities or underestimated by them in the long term perspective.


2020 ◽  
Vol 6(161) ◽  
pp. 217-222
Author(s):  
Marcin Rulka

The parliamentary elections in Croatia were ordered for 5 July 2020. However, as the election date approached, the number of coronavirus infections increased, prompting the authority responsible for overseeing the conduct of the elections, i.e., the State Election Commission of the Republic of Croatia, to issue appropriate voting guidelines. People in self-isolation had the opportunity to vote only if the registration activities were completed by 2 July 2020, as this guaranteed a visit from a member of the election commission to whom they could pass the vote, but completely excluded infected persons from the vote. On 1 July 2020, one of the Croatian non-governmental organizations, the GONG, submitted a request to the Constitutional Court (supported by the signatures of several dozen citizens) to examine the legality of the elections, arguing that the state authorities are obliged to give each voter the possibility to vote in the elections. The Constitutional Court stated that the state authorities are obliged to create the legal possibility of exercising the right to vote guaranteed by the constitution for all citizens who express such wish, including those who have been diagnosed with SARS-CoV-2 (COVID 19) or any other infectious disease, and who, for this reason, remain in isolation.


Sexes ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 151-162
Author(s):  
Bruno Ferreira Costa

The debate around the principle of equality and the theme of discrimination around sexual orientation has been one of the most relevant in the process of ensuring the spread of human rights. After ensuring a set of civil and political rights, several groups and social movements have warned political actors of the need to look at each citizen’s individuality and guarantee through legislation and daily practices, respect for that individuality. This process is being conducted around the dichotomy between the concepts of equality and difference. It is from this analysis of the two concepts that we come across the theme of the rights of the lesbian, gay, bisexual, transvestite, transexual and transgender (LGBTQ+) community. With a qualitative approach, and while referring to the historical path of this theme, we review the central concepts in the promotion of equality and analyze the dichotomy between equality and difference. We ask, in an increasingly globalized world, does it make sense to point out difference as a mechanism for the defense of equality? Using semiotics, we approach the two central concepts and the political effort to normalize this theme to the public, using the Portuguese case (law and Non-Governmental organizations action) to characterize the central debate on equality and difference.


2021 ◽  
pp. 189-202
Author(s):  
Misha Tadevosyan

The purpose of this article is to present the practice of non-formal educational programs implemented in the penitentiary institutions of the Republic of Armenia. In particular, to describe the development of educational and pedagogical activities in penitentiaries, presented non-formal education programs implemented by the state and non-governmental organizations, their diversity and scope of coverage. In the course of the research, a study was made of the main international norms related to the realization of the right to education in penitentiary institutions, the documents related to educational programs implemented in the penitentiary institutions of the Republic of Armenia, collection of statistical data, generalization and analysis. Summing up this article, the following conclusion was formed: the programs of non-formal education implemented in the penitentiary institutions of the Republic of Armenia in the chronological context have developed and diversified, the scope of programs has been expanded (in 2 penitentiary institutions in 2000, and in 2020 already in 6 out of 12 penitentiary institutions), created institutional mechanisms and structures to ensure the stability and continuity of the implementation of non-formal education programs.


Napredak ◽  
2020 ◽  
Vol 1 (3) ◽  
pp. 5-16
Author(s):  
R Redakcija

The German state propaganda service Deutche Welle (DW), recently published a new anti-Serb war manifesto, also reported by the daily press in the Republic of Croatia. The aim of the document, whose basic ideas do not belong to the person interviewed, is the creation of conditions which would favor the breakout of a new Balkan war, primarily in the territory of Bosnia and Herzegovina, through the dissolution of the Republic of Serbia, treated incorrectly in the text as the "spoils of war" of Serbia. The purpose of the text is the weakening of the geopolitical position of Serbia through the following: 1) the severing of ties with the Serb population living in former Yugoslav republics (B&H, Montenegro); 2) the accepting of an unfavorable institutional solution for the Republic of Srpska through amendments to the Dayton-Paris peace agreement, whose guarantor is Serbia, as the successor of the FRY and Serbia & Montenegro; 3) the accepting of an unfavorable institutional solution for AP Kosovo and Metohija, whose status, until otherwise changed, is determined by Resolution 1244 of the UN Security Council; 4) the dragging of Serbia into North Atlantic integrations despite continued objections of Serbs to the idea and its proclaimed policy of military neutrality; 5) the breaking up of friendly relations and close cooperation of the Republic of Serbia with the Russian Federation and the People's Republic of China, which would cost our country the loss of the ability to defend almost all its vital state interests, including its territorial integrity and sovereignty, aside from losing the friendship of those who have in various situations come to our country's aid. According to the originator of this anti-Serb war manifesto, coerced, humiliated, and punished (unjustly), Serbia and the Serbs have the right to expect European integrations.


2015 ◽  
Vol 7 (3) ◽  
pp. 426-463 ◽  
Author(s):  
Stephen E. Gent ◽  
Mark J. C. Crescenzi ◽  
Elizabeth J. Menninga ◽  
Lindsay Reid

Can concerns for one’s reputation cause non-governmental organizations (NGOs) to alter their behavior to the detriment of achieving their policy goals? To answer this question, we explore the relationship between NGOs and their donors. Our theoretical model reveals that reputation can be a key piece of information in the decision to fund an NGO’s activities. Reputation can become so important to the NGO’s survival that it interferes with the long-term policy goals of the organization. As such, reputations can become a double-edged sword, simultaneously providing the information donors seek while constraining NGOs from realizing policy goals. We apply this logic to the problem of NGO accountability, which has received increasing attention in recent years, and demonstrate that the tools used by donors to improve accountability can trigger unintended consequences. We illustrate this strategic dynamic with two types of NGO activity: water improvement and international crisis mediation.


2020 ◽  
Vol 12 (10) ◽  
pp. 4026
Author(s):  
Mohammad Wais Azimy ◽  
Ghulam Dastgir Khan ◽  
Yuichiro Yoshida ◽  
Keisuke Kawata

The government of Afghanistan promotes saffron production as a means to achieve economic development while reducing the widely spread opium cultivation in the country by providing necessary support to its farmers via saffron farmer service centers. This study investigates the causal effects of relevant attributes of potential saffron production promotion policies on the participation probabilities of saffron farmers. This study applies a randomized conjoint experiment to primary survey data of 298 farmers in Herat Province, which is perceived by the government as the center of saffron production in the country. The proposed hypothetical saffron production promotion policy consists of six attributes, namely, provision of machinery equipment, weather-based crop insurance, accessibility to long-term loans, location of saffron farmer service centers, provider of services, and annual payment. In the randomized conjoint experiment design, the respondents rank two alternative policies and policies against the status quo. The desirable policy comprises the machinery provision, long-term (up to 5 years) loan accessibility, an easily accessible service center, and policy implementation by international non-governmental organizations (NGOs). The estimated results reveal that saffron farmers are highly supportive of the proposed saffron promotion policy and that their willingness to pay is as high as 17% of their per capita income.


2018 ◽  
pp. 603-612
Author(s):  
Serhii Esaulov

The author raises the issue of settling conflicts around the world and discusses modern attempts to establish law and order. Particular attention is paid to the intricate relations between Hungary and Ukraine. With Russia’s aggression against Ukraine there was ruined a system of international relations, which provided for the rule of law, the right to settle disputes without applying military tools, force or threats. Russia initiated a new precedent of impunity, insolent violation of the fundamental norms of international law, and demonstrated the world how the borders may be redrawn as one sees fit and “bring historical justice”. The author notes that one of the reasons for the escalation of the conflict between Hungary and Ukraine has become the language issue. Still, however pity it is, all attempts of the Ukrainian side to resolve conflict matters have appeared to be vane, since Budapest is reluctant to listen to and consider any arguments of Kyiv, being fully distracted by its demand. It is hard to imagine that in civilized “old” Europe, Germany, for instance, would express claims or even threaten France for the fact that pupils in schools of the French region of Alsace (until 1918, its territory formed part of Germany that attempted to annex it at times of the Second World War) are taught in the official language – French, not in the language of the neighbouring country, even though the Alsatian and German languages are equally spoken there. Unfortunately, Hungary seems not to be ready to follow the example of the Franco-German reconciliation in terms of relations with all neighbours, despite the philosophy of its membership in the EU and NATO. The revenge-seeking attitudes of the Hungarian political establishment regarding the revision of borders according to the Versailles and Yalta systems of international relations are constantly boosted in all directions in the neighbouring countries, where ethnic Hungarians live (Romania, Slovakia, Serbia and Ukraine). The so-called “formula of protecting interests of Russian citizens in Crimea and Donbas” adopted from Putin has apparently laid the foundation for the foreign policy strategy of V. Orban. First, as regards the appeal to make the region of ethnic Hungarians’ residence autonomous and subsequently – the appeal to hold a referendum on separation. The author summarizes that along with the political and diplomatic efforts, a substantial role in easing the tension in relations with Budapest should be played by non-governmental organizations and the expert community though holding forums and scientific conferences aiming at discussing the above-mentioned issues. Keywords: Hungary, conflict, Law on Language, geopolitics, strategies, foreign policy, Ukraine.


2021 ◽  
Vol 60 (90) ◽  
pp. 97-118
Author(s):  
Aleksandar Mojašević ◽  
Aleksandar Jovanović

The Act on the Protection of the Right to a Trial within a Reasonable Time, which took effect in 2016, has created the conditions in our legal system for the protection of the right to a trial within a reasonable time, as one of the fundamental rights guaranteed by the Constitution of the Republic of Serbia and related international documents. Although the legislator does not explicitly provide for the application of this Act in the context of bankruptcy proceedings, it has been used in judicial practice as a mean for the bankruptcy creditors to obtain just satisfaction in cases involving lengthy bankruptcy proceedings and a violation of the right to a fair trial within a reasonable time. The subject matter of analysis in this paper is the right to a trial within a reasonable time in bankruptcy cases. For that purpose, the authors examine the case law of the Commercial Court in Niš in the period from the beginning of 2016 to the end of 2019, particularly focusing on the bankruptcy cases in which complaints (objections) were filed for the protection of the right to a fair trial within a reasonable time. The aim of the research is to examine whether the objection, as an initial act, is a suitable instrument for increasing the efficiency of the bankruptcy proceeding, or whether it only serves to satisfy the interests of creditors. The authors have also examined whether this remedy affects the overall costs and duration of the bankruptcy proceeding. The main finding is that there is an increasing number of objections in the Commercial Court in Niš, which still does not affect the length and costs of bankruptcy. This trend is not only the result of inactivity of the court and the complexity of certain cases but also of numerous external factors, the most prominent of which is the work of some state bodies.


2020 ◽  
Vol 29 (1) ◽  
pp. 129
Author(s):  
Dominik J. Kościuk ◽  
Justyna Kulikowska-Kulesza

<p>The provisions of the Act on Access to Public Information regulate, among others, the subjective and objective scope of the right to public information, reasons for restricting access to information, procedure and form of disclosure, rules for creating and publishing information in the Public Information Bulletin, costs of activities leading to the disclosure of information and the establishment of complaint proceedings in the event of refusal to provide the public information requested. Therefore, it is worth to pay attention to several problems arising from the analysis of statutory provisions and the practical consequences of applying the Act of 6 September 2001 on Access to Public Information. The current, extremely extensive, output of doctrine and jurisprudence allows for a fairly “efficient” summary of the considerations made in both literature and judicial and administrative case law.</p>


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