scholarly journals Unfounded Accusations against Russia with «High Probability» in the Skripal Case as a Gross Violation of the Supremacy of Law

2018 ◽  
Vol 5 (2) ◽  
pp. 158-163
Author(s):  
V A Jilkin
Keyword(s):  
International Law ◽  
Chemical Warfare ◽  
Presumption Of Innocence ◽  
Relevant Evidence ◽  
British Military ◽  
The World ◽  
The 1960S ◽  
The Uk ◽  
The Right ◽  
Legal Consequences

The British accusing Russia of the use of the binary-type neuro-paralytic agent in «Skripal case» has resulted in publication by the British media of declassified materials and documents about the experiments on people in Porton Down secret laboratory from 1945, about the experiments in the 1960s on dispersal of bacteria in London Tube and in tunnels under Whitehall government buildings, as well as diffusion of military-destruction viruses and bacteria on the UK territory with the population of over one million people. The article analyzes the ethical and legal consequences of the British programme of biological and chemical warfare in the period between 1945 and 1989, on the basis of the declassified archives containing research materials on the biochemical weapons used over humans in Porton Down laboratory. The author refers to the materials of the hearings held at the British Parliament in 2005 and to the documented evidence of the victims of the secret military laboratory, as well as to the materials of experts in the sphere of medical ethics, British military experts and historians. The world faced the impunity on the part of the system of neglect of the international law, the international rules of conduct and the fundamentals of diplomacy. Accusing Russia of poisoning Russian citizens on the territory of the UK is considered as a violation of the principle of supremacy of law, of the right to fair trial, the presumption of innocence, which includes the right to collect evidence, access to primary and relevant evidence in accusation and inadmissibility of using unacceptable evidence.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

scholarly journals The Illusion of Perfect Justice

2021 ◽  
pp. 55-70
Author(s):  
Christian Tomuschat
Keyword(s):  
World War Ii ◽  
International Law ◽  
Constitutional Court ◽  
International Court Of Justice ◽  
German Occupation ◽  
International Court ◽  
The World ◽  
The Icj ◽  
The Right ◽  
Italian Constitution

AbstractThe judgment of the Italian Constitutional Court (ItCC) of 22 October 2014 has set a bad precedent for international law by denying the implementation, within Italy, of the judgment of the International Court of Justice (ICJ) of 3 February 2012. The ICJ found that Italian courts and tribunals had violated German jurisdictional immunity by entertaining suits brought by Italian citizens against Germany on account of damages caused by war crimes committed during World War II by German occupation forces. According to a well-consolidated rule of general international law, no state may be sued before the courts of another state with regard to acts performed in the exercise of its sovereign power. In contravention of Article 94 of the UN Charter, the ItCC deemed it legitimate to discard that ruling because of the particularly grave character of many of the violations in question. It proceeded from the assumption that the right to a remedy established under the Italian Constitution was absolute and must apply even where the financial settlement of the consequences of armed conflict is at issue. However, it has failed to show the existence of any individual reparation claims and has omitted to assess the issue of war reparations owed by Germany in their broader complexity. The judgment of the ItCC might be used in the future as a pretext to ignore decisions of the World Court.

scholarly journals Board Diversity: More Than a Gender Issue?

2015 ◽  
Vol 20 (1) ◽  
pp. 123 ◽  
Author(s):  
Michael Adams
Keyword(s):  
Corporate Governance ◽  
Gender Diversity ◽  
Governance Structure ◽  
Share Price ◽  
Corporate Boards ◽  
Board Diversity ◽  
The World ◽  
The Usa ◽  
The 1960S ◽  
The Right

There has been extensive research conducted on the importance of corporate governance around the world. The research seems to demonstrate that, regardless of whether corporations are based in common law or civil code systems, their longevity and sustainability arise from good corporate governance. However, the evidence does not clearly demonstrate a correlation between a particular organisation’s governance structure and practices and its share price. Around the world the question of board diversity is gaining in importance. The beginning of the debate in the 1960s centred on gender. While it is essential to conduct a debate on gender diversity, other aspects of diversity should also be considered. Race, culture and even age may have a direct impact on the performance of a board. Australian companies, particularly those listed on the ASX, have a poor record of instituting any type of diversity. The USA and European Union have a much wider range of policies to promote diversity on corporate boards. The key question is how best to regulate to promote diversity across gender, race, culture and age. The historical approach of regulating diversity by setting targets and requiring disclosure does not seem to have delivered substantial change. Is it the right time to impose mandatory requirements, or are there other alternative strategies? Without doubt change is required, but there will be opposition.

scholarly journals MEMILIH PASANGAN BAGI ANAK PEREMPUAN: KAJIAN FIQIH & HAM

2016 ◽  
Vol 14 (1) ◽  
Author(s):  
Masthuriyah Sa’dan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Islamic Law ◽  
Reproductive Rights ◽  
Muslim Women ◽  
World Conference ◽  
Islamic Jurisprudence ◽  
The World ◽  
Muslim Men ◽  
The Right

In Islamic jurisprudence (fiqh), the right to choose a partner for a woman is set by families. This then becomes the spotlight of many circles who argue that fiqh is discriminatory against women. Muslim men have the right to decide with whom to marry. In contrary, Muslim women do not have such a right. Women right is taken over by parents in the name of Islamic law. In the World Conference on Population and Women in Cairo-Egypt in 1994, however, women were proclaimed to have their own reproductive rights that must be protected and maintained. One form of the demands of the reproductive rights is the right of women to determine their own life partner. This paper wants to examine the right to choose a husband for women from the perspective of Islamic law and international law on human rights. Keywords: the right to choose, women, Islamic law, human rights.

The Publication of the diplomatic papers of Other Governments

1947 ◽  
Vol 41 (2) ◽  
pp. 365-377
Author(s):  
E. Wilder Spaulding
Keyword(s):  
International Law ◽  
Great Powers ◽  
Foreign Affairs ◽  
The Other ◽  
The World ◽  
Good Will ◽  
The Right ◽  
Small Powers

An expert on foreign affairs has summarized the limitation upon the right of a government to make public the diplomatic papers which it has received from another government as follows: “ … one party to a negotiation cannot, in honor and in courtesy, publish the negotiation without the consent of the other party, on pain of forfeiting that good-will upon which … ‘the peace of the world ultimately depends.’ ” This principle of consent to publication is accepted, with some reservations and exceptions, by American practice. But American practice in this matter is not generally accepted by all foreign offices and it is not precisely and definitely written into international law. It has been generally observed in normal times by the Great Powers, which have had most to gain by its application, and it has frequently been disregarded by small powers and by Great Powers in times of stress. It rests upon comity and reciprocity, not upon international legislation.

The Machinery of International Law and Democratic Backsliding

2021 ◽  
pp. 136-146
Author(s):  
Tom Ginsburg
Keyword(s):  
Political Participation ◽  
International Law ◽  
Term Limits ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
The World ◽  
International Rights ◽  
Recent Developments ◽  
The Law ◽  
The Right

This chapter focuses on the abuse of international rights to political participation so as to facilitate a leader's remaining in office beyond the constitutionally mandated term. This involves not only the abuse of the interpretation of rights, but also the abuse of the doctrine of unconstitutional constitutional amendments, which has spread around the world in recent years. How does this happen and what, if anything, can international law do about it? After introducing a motivating case — the famous decision of the Colombian Constitutional Court in the second re-election decision, in which courts stood for the protection of democracy — the chapter examines recent 'bad' cases in which rights and constitutional amendments are abused to extend leaders' terms. It surveys recent developments in the law of term limits, and briefly proposes a normative interpretation of the right to political participation which ought to be consistent with the emerging doctrine. The chapter suggests that there is an emerging consensus, at least in some regions of the world, that there are limits in states' ability to modify term limits unconditionally.

Democratic Fantasies vs. Cold War Realities

2018 ◽  
pp. 131-146
Author(s):  
Laurence R. Jurdem
Keyword(s):  
Cold War ◽  
United Nations ◽  
White House ◽  
Parliamentary Elections ◽  
National Review ◽  
The World ◽  
1960S And 1970S ◽  
The 1960S ◽  
The Right ◽  
The Cold War

The strain of Black Nationalism that existed within the United Nations also worried conservatives as they monitored the evolution of events in Southern Africa. In their intense desire to rid the world of communism, other issues, such as race, were either marginalized or ignored. The chapter analyzes the three publications’ view of race as it relates to the issue of Rhodesia during the height of the Cold War. In ignoring the suppression of an entire race of people, Human Events and National Review contrasted what they perceived to be a stable, anticommunist, biracial society with the militarism and lawlessness that they argued defined the 1960s and 1970s. While the two conservative publications viewed Rhodesia as a model of biracial success, Commentary focused on the Carter administration’s dismissive attitude about the dangers of Soviet encroachment within the African hemisphere. The Right argued that the Carter White House, in its refusal to endorse Rhodesia’s 1979 parliamentary elections due to a lack of representation of militant nationalist groups, and its belief in the policy of détente, continued to send a message of American weakness and indifference to totalitarianism around the world.

scholarly journals Cutting edge or ignored resource: assessing the uptake and content of the NHS e-Learning for healthcare on “identifying and supporting survivors of modern slavery”

2019 ◽  
Author(s):  
Segan Helle ◽  
Sarah Steele
Keyword(s):  
International Law ◽  
Healthcare Workers ◽  
Local Level ◽  
Freedom Of Information ◽  
Modern Slavery ◽  
The World ◽  
E Learning ◽  
Open Session ◽  
The Uk ◽  
Level Variable

Abstract Background Across the last decade, healthcare emerged as a critical space for combatting modern slavery. Accurate and informative training of healthcare professionals is, therefore, essential. In the UK, the National Health Service (NHS) plays a central role in the identification and care of survivors. With training at the local-level variable, an e-Learning programme was developed. We ask: has this programme reached NHS staff? Is it accurate? Should the e-Learning approach be replicated around the world? Method A Freedom of Information request has been sent to the NHS’s Health Education England for data held on registrations, sessions and completions since 2014. An open session was used to assess the content. Results Across the past 5 years, there have been 31 191 registrations (≈2% of the workforce) and 1763 completed sessions (≈0.12%). Uptake remains low. We also identify deficiencies in the ways the programme represents modern slavery, and how the program engages with the complexities of national and international law and UK policy, as well as reporting mechanisms. Conclusions e-Learning, while flexible and on-going, must be engaging and, we suggest, accompanied by in-person sessions. Materials should be co-produced with survivors and healthcare workers around the world to improve interest and relevance. Updating content regularly is critical.

Beyond Pro-life and Pro-choice

2020 ◽  
Author(s):  
Fran Amery
Keyword(s):  
Abortion Debate ◽  
The United Kingdom ◽  
Medical Associations ◽  
Sex Selective Abortion ◽  
Abortion Access ◽  
The 1960S ◽  
The Uk ◽  
The Right ◽  
Pro Life ◽  
Pro Choice

A common misunderstanding of the Abortion Act 1967 is that it granted women the ‘right’ to access abortion. In reality, there is no such thing; the current provision of abortion in the United Kingdom rests on a system in which doctors, not women, are the arbiters of abortion access. In recent years, calls for the full decriminalisation of abortion have been given a vigour not seen before. For the first time, MPs and medical associations have moved to back decriminalisation, in line with the demands of pro-choice campaigners across the UK. But at the same time, opponents are mobilising to undermine public faith in both the Abortion Act and abortion providers. In doing so, they have tended to set aside the classic ‘right to life’ arguments, instead focusing on issues such as sex-selective abortion and disability rights. This book makes sense of today’s changed landscape of abortion debate by tracing the evolution of political and parliamentary discourse on abortion from the passage of the Abortion Act in the 1960s to the present. It makes the case that to understand contemporary abortion politics, it is necessary to move beyond a conceptualisation of the debate as characterised by ‘pro-choice’ versus ‘pro-life’.

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