scholarly journals SCIENTIFIC RESEARCH: OVERVIEW OF SOME URGENT ISSUES FROM NATIONAL AND INTERNATIONAL LAW PERSPECTIVES

2021 ◽  
pp. 45-54
Author(s):  
M.O. Medvedieva
Keyword(s):  
Academic Freedom ◽  
International Law ◽  
Academic Integrity ◽  
Criminal Responsibility ◽  
Scientific Research ◽  
Human Right ◽  
Cultural Rights ◽  
Academic Responsibility ◽  
Right To Information ◽  
The Right

The article analyzes some urgent problems of the legal governance of scientific research, namely the adherence to the principles of academic freedom and academic integrity, as well as protection of the right to science. The article provides the definitions of academic freedom and academic integrity, considers relevant international and national legal documents and case-law. It analyzes main criteria for the free use of quotations which must be adhered to in the context of preserving academic integrity principles and observes practical consequences of different definitions of plagiarism by education and copyright law. The author considers the normative content of the right to science in accordnce with International Law and highlights its importance in times of COVID-19 pandemic. The author concludes that academic freedom, academic integrity and right to science in general are linked to economic, social and cultural rights, especially the right to information, freedom of thought and expression, freedom from discrimination. If a state is not able to exert every effort to implement its positive responsibility (due diligence) regarding human right to science, including to academic freedom, such a state must be held responsible under customary rules of International Law. In case of violations of the principles of academic integrity comes academic responsibility which is the competence of national governmental bodies on science and education. The only exception is plagiarism which is copyright infringment leading to civil or even criminal responsibility and which is the competence of national civil courts.

scholarly journals Unmuddying the Waters: Evaluating the Legal Basis of the Human Right to Water Under Treaty Law, Customary International Law, and the General Principles of Law

2020 ◽  
pp. 455
Author(s):  
Ndjodi Ndeunyema
Keyword(s):  
International Law ◽  
Reflective Equilibrium ◽  
Human Right ◽  
Customary International Law ◽  
Cultural Rights ◽  
Treaty Law ◽  
Sliding Scale ◽  
General Principles Of Law ◽  
Water Provision ◽  
The Right

This article evaluates the existence of a freestanding, general human right to water under each of the three principal sources of international law: treaty, customary international law, and the general principles of law. To date, the right to water has been derived from treaty law, most prominently as part of the right to an adequate standard of living in article 11 of the International Covenant on Economic, Social and Cultural Rights (as implied by General Comment 15 to the ICESCR). The potential importance of a non-treaty based right to water––as a matter of customary international law or a general principle of law––is that it would bind all states, including states that are not parties to treaties with right to water provisions. Therefore, this article evaluates the state practice and opinio juris elements of custom supporting a right to water. Recognizing the disputed nature of how these two elements generally interact to crystallize into a customary norm, the article considers the problem using two distinct methodological approaches: the sliding scale approach and the reflective equilibrium approach. Finally, the paper considers whether a right to water is supported by the general principles of law. Although the right to water is not directly created by the general principles of law, the principles can nevertheless be applied to develop states’ positive and negative obligations for water provision.

scholarly journals The Human Right to Information and Transparency

2021 ◽  
Author(s):  
Jonathan Klaaren
Keyword(s):  
International Law ◽  
South African ◽  
Final Section ◽  
The South ◽  
Human Right ◽  
Current State ◽  
African Perspective ◽  
Right To Information ◽  
The Right ◽  
Conceptual Foundations

The argument for the recognition of the right to information in international law has continued to strengthen since the South African Constitutional Court’s Certification decision. This paper examines the human right to information in international law and makes the argument that this human right is a significant vehicle for promoting transparency. In section 2, it makes some observations concerning the conceptual foundations of the right to information and the right’s relationship to the broader concept of transparency. Section 3 notes the current state of the human right to information in international law doing so from an African perspective. The final section presents a set of questions for further consideration (noting some linkages with South African post- apartheid jurisprudence) as well as some concluding observations, organized in conceptual terms based on the right of information.

scholarly journals Cultural heritage: Right, identity and dignity: Right of access to and enjoyment of cultural heritage as a human right

2020 ◽  
Vol 54 (4) ◽  
pp. 1210-1259
Author(s):  
Branko Rakić
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
Cultural Rights ◽  
Heritage Protection ◽  
The Right ◽  
Right Of Access

In international human rights law established after World War Two, one of cultural rights that has been traditionally most neglected out of five categories of human rights (civil, political, economic, social and cultural rights), is the right to participation in cultural life, while its segment, by the nature of things, is also the right of access to and enjoyment of cultural heritage. Although international human rights law thus establishes the basis for treating the right of access to and enjoyment of cultural heritage as a human right, international acts dealing with the matters of cultural heritage protection have had a long-prevailing approach in which cultural goods were protected because of their inherent value. It was only recently, with the emerging needs and interests in respect of the safeguarding of cultural diversity and protection of intangible cultural heritage, that the emphasis began to be placed on the relationship, including the legal one, between cultural heritage and human communities, groups and individuals with a special subjective attitude towards it. That is how the human-rights based system of cultural heritage protection was gradually established and the segment of international law dealing with human rights was brought closer to the segment dealing with cultural heritage. In order to consider a right as a human right, apart from the will of law-makers to be like that, it also requires the existence of certain values which constitute the basis for it and which should be safeguarded through the protection of that human right. An understanding deriving from a series of international legal acts and being widespread in theory is that, when it comes to cultural rights, including the right of access to and enjoyment of cultural heritage, such basis is constituted by identity, first of all cultural identity, and human dignity. Therefore, although the foundation is laid for the right of access to and enjoyment of cultural heritage to be treated as a human right, it is necessary to clarify and elaborate, at the legal level, a number of questions which should ensure effective enjoyment of this right. The task is in the hands of states, either as participants in the adoption of international law acts or as national law-makers, so the question remains open as to the nature of their attitude to further development of the human-rights based system of cultural heritage protection.

The Human Right to Higher Education

2018 ◽  
Author(s):  
Jane Kotzmann
Keyword(s):  
Higher Education ◽  
International Law ◽  
Access To Higher Education ◽  
Human Right ◽  
Cultural Rights ◽  
The Right

This chapter explores the meaning of the human right to higher education. The chapter identifies the various sources of the right to higher education in international law and outlines the scope and content of the right to higher education. In particular, it focuses on the scope and content of the right to higher education as set out in Article 13 of the International Covenant on Economic, Social and Cultural Rights, including an analysis of whether the right includes a right to certification, what constitutes acceptable limitations on access to higher education, and the requirement to progressively introduce free higher education.

scholarly journals The right to obtain information

2020 ◽  
pp. 343-362
Author(s):  
عبدالله ذنون عبدالله الصواف
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Political Action ◽  
The State ◽  
Political Rights ◽  
Human Right ◽  
The Rule Of Law ◽  
Democratic Culture ◽  
Right To Information ◽  
The Right

The right to obtain information is closely related to the extension of democratic culture and the expansion of its influence within the societies by establishing the rule of law and the ability to govern honestly and vividly through the spread of information and making the citizen aware about it. Here, the trilogy of transparency, accountability and questioning is evident to make political action governed by controls that reduce opportunities for corruption and prevent the exploitation of power by not excluding any oversight bodies over all legislative, executive and judicial powers. The right to obtain information according to the traditional division of jurists of international law was considered among the civil and political rights, even if this division suffers from a kind of inaccuracy, as the right to information interferes with all rights, whether civil, political or economic, and other divisions that may arise because it is the basic principle for the exercise of any human right. The respect of this right is a measure of the state in its respect of the citizen and the extent of its democracy, or, as it is said, the oxygen of a democratic government. Proceeding from this, when any official party tries to prove its righteousness and respect for the citizen, the repetition of phrases interspersed with the word transparency, meaning that it has nothing to be afraid being declared. This suggests that the right of the citizen to obtain information is either a grant from the state, although there are legal bases that confirm that this right is in contrast to the state and it is permissible to compel any party to provide the information it hides while observing certain restrictions that may be related to national security or public order. Accordingly.

Proposing a Way to Develop the Substantive Content of the Right of Access to Adequate Housing: An Alternative to the Reasonableness Review Model

2017 ◽  
Vol 30 (1) ◽  
pp. 71-93
Author(s):  
Gustav Muller
Keyword(s):  
International Law ◽  
Municipal Services ◽  
International Convention ◽  
Cultural Rights ◽  
Substantive Content ◽  
Convincing Case ◽  
Close Proximity ◽  
Review Model ◽  
The Right ◽  
Right Of Access

In this article an attempt is made to put forward a convincing case for giving substantive content to the right of access to adequate housing and looks towards relevant international law elaborations on the meaning of this right as contained in the International Convention on Economic, Social and Cultural Rights (ICESCR). It does so while being aware of the Constitutional Court’s prior rejection of an international law-based minimum core interpretation of the right and opting, instead, for the so-called model of reasonableness breview. Given that the court has so expressly taken and stuck to this stance, it is argued in the article that an international law-based substantive interpretation of the right is possible – given that South Africa has recently ratified the ICESCR – and that it is preferable given the shortfalls of the model of reasonableness review. The article further highlights what difference the preferred reading of section 26(1) would make as to how courts ‘interpret’ reasonableness, that is, how courts review compliance with section 26 at present if ‘adequate’ housing is understood as having security of tenure and access to basic municipal services; is affordable, habitable and accessible; is located in close proximity to social facilities; and is culturally adequate.

scholarly journals Private Actors, Public Goods and Responsibility for the Right to Water in International Investment Law: An Analysis of Urbaser v. Argentina

2018 ◽  
pp. 1-24
Author(s):  
Edward Guntrip
Keyword(s):  
Water Supply ◽  
International Law ◽  
International Investment ◽  
Human Right ◽  
Public And Private ◽  
Foreign Investors ◽  
International Investment Law ◽  
Investment Law ◽  
The Right ◽  
Water Supply Services

International investment law balances public and private interests within the broader framework of international law. Consequently, when water supply services, which constitute a public good, are privatized and operated by foreign investors, questions arise regarding whether foreign investors could be held responsible for the right to water under international law. This article considers how the tribunal in Urbaser v. Argentina allocated responsibility for compliance with the right to water between the host State and the foreign investor when resolving a dispute over privatized water services. It highlights how the tribunal in Urbaser v. Argentina supports different understandings of public and private based on whether the human rights obligation is framed in terms of the duty to respect or protect. The article argues that the tribunal’s rationale overcomplicates the process of allocating responsibility for violations of the human right to water when water supply services have been privatized.

scholarly journals THE RIGHT TO ACQUIRE THE MOTHER'S NATIONALITY

2021 ◽  
Vol 03 (08) ◽  
pp. 225-240
Author(s):  
Hiba Thamer MAHMOOD
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Comparative Approach ◽  
Private International Law ◽  
Human Right ◽  
Applicable Law ◽  
Mother And Child ◽  
The Right ◽  
International Conventions ◽  
Nationality Law

Acquiring the mother's nationality is a human right in general and the rights of the mother and child in particular stipulated in international conventions and the Iraqi constitution in force for the year 2005, in addition, the Iraqi Nationality Law stipulates the mother’s right to transmit nationality to her children, but according to conditions previously set by the Iraqi legislature, because it helps to reduce the issue of statelessness, is considered one of the important and contemporary jurisprudence topics, which stirred controversy among legal jurists between supporters and opponents, especially Islamic law jurists because the child is attributed to his father, and the state legislations differed in it, as well as in the legal implications of acquiring the mother’s nationality, including dual nationality, applicable law, inheritance issues and other Private international law matters. Therefore, the research dealt with the topic according to the comparative approach in two topics, the first study on the child's right to the nationality of his mother and was divided into two demands, the first requirement is what is the mother’s nationality, and the second requirement is about equality in the right to acquire a nationality, while the second topic examined the foundations of acquiring the mother’s nationality In the Iraqi Nationality Law, it was divided into two topics: The first requirement is the cases of acquiring the mother’s nationality in the Iraqi Nationality Law. The second requirement relates to how to acquire the mother’s nationality and its implications. Through the foregoing, where a number of results and proposals have been reached, we found that the transmit of nationality from the mother to the child born in the territory of a state would be beneficial in the event that the father's nationality had been rejected for political reasons, the issue of granting nationality by the mother to her children helped in the transfer of inheritance from the mother to the children and the acquisition of ownership, especially real estate, which states require the foreigner to have multiple conditions for approval of ownership, where countries have to unify their legislation regarding the mother's right to grant citizenship to her children based on the right of blood to limit the problems of international law, such as the issue of determining the applicable law, Actual nationality and other matters‎‎. Keywords: Mother's Nationality, Human Rights, Gender Equality, Acquisition of Nationality, Discrimination Against Women, International Conventions

scholarly journals THE HUMAN RIGHT TO HEALTH: A RETROSPECTIVE ANALYSIS AFTER 70 YEARS OF INTERNATIONAL RECOGNITION

2018 ◽  
pp. 24-42
Author(s):  
MARÍA DALLI
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
World Health ◽  
Health Coverage ◽  
Human Right ◽  
The Sustainable Development ◽  
Cultural Rights ◽  
Health Organization ◽  
The Individual ◽  
The Right

In 1948, the General Assembly of the United Nations adopted the first international text recognising universal human rights for all; the Universal Declaration of Human Rights. Article 25 recognises the right to an adequate standard of living, which includes the right to health and medical care. On the occasion of the 70th anniversary of the Declaration, this article presents an overview of the main developments that have been made towards understanding the content and implications of the right to health, as well as an analysis of some specific advancements that aim to facilitate the enforcement thereof. These include: a) the implication of private entities as responsible for right to health obligations; b) the Universal Health Coverage goal, proposed by the World Health Organization and included as one of the Sustainable Development Goals; and c) the individual complaints mechanism introduced by the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (adopted on the 10th December 2008, 60 years after the UDHR).

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