scholarly journals Not as Straight-Forward as that It’s Just ‘An Added Fuss’ – Untangling How Indian Psychiatrists Construe Domestic Human Rights Legislation

2021 ◽  
pp. 70-91
Author(s):  
Alena Kahle
Keyword(s):  
Mental Illness ◽  
Human Rights ◽  
United Nations ◽  
Mental Healthcare ◽  
People With Disabilities ◽  
The Other ◽  
Indian Government ◽  
United Nations Convention ◽  
The Law ◽  
The One

After its ratification of the 2006 United Nations Convention on the Rights of People with Disabilities (UNCRPD), the Indian government proceeded to work through a list of laws from various fields – employment, housing, healthcare, personal status – that would need to be amended to guarantee the rights in the UNCRPD. Regarding the healthcare of persons with mental illness, the law-drafters deemed it insufficient to merely amend the existing law and proceeded to draft a new, innovative mental healthcare law. When the Mental Healthcare Act (MHA) was passed in 2017, responses were strongly polarised: On the one hand, it was lauded for staying true to the vision of the UNCRPD (Duffy & Kelly, 2019), while on the other hand, especially psychiatrists heavily criticised that they anticipated the law would adversely affect their ability to treat patients

6 Applications for Provisional Measures

2021 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
United Nations ◽  
Marine Environment ◽  
The Other ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
International Tribunal ◽  
The Third ◽  
United Nations Convention ◽  
The Law ◽  
The One

This chapter assesses applications for provisional measures of protection under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). At the Third UN Conference on the Law of the Sea, the need for courts or tribunals having jurisdiction under UNCLOS to have the power to prescribe provisional measures was beyond dispute although there was considerable debate concerning the details of the regime associated with such measures. The finally adopted Article 290 of UNCLOS, under the heading ‘Provisional measures’, represents the best possible compromise. Provisional measures are divided into provisional measures prescribed by the International Tribunal for the Law of the Sea (ITLOS) under Article 290(1) pending ITLOS’ judgment on the merits of the dispute, on the one hand, and provisional measures prescribed by ITLOS under Article 290(5) pending the constitution of an arbitral tribunal to which a dispute is being submitted, on the other hand. The request for the prescription of provisional measures shall be in writing and specify the measures requested, the reasons therefor, and the possible consequences, if the request is not granted, for the preservation of the respective rights of the parties or for the prevention of serious harm to the marine environment.

Dukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHPDukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHP

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1721
Author(s):  
Muhammad Aziz Syamsuddin
Keyword(s):  
United Nations ◽  
Criminal Code ◽  
The Other ◽  
Deterrent Effect ◽  
United Nations Convention ◽  
Legislative Support ◽  
The Law ◽  
Shared Commitment ◽  
Crime Of Corruption

AbstractThe spirit of the eradication of corruption is running continually. Various efforts or strategies were arranged to sharpen the power of corruptions’ eradication. One of the strategies is legislation support or comprehend and effective legislation. It was proved by the enactment of Law No. 28 of 1999 on State Implementation of Clean and Free from Corruption, Collusion and Nepotism and also Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Corruption Eradication. The other related legislation such as Law No. 30 of 2002 on Corruption Eradication Commission and the Law 8 of 2010 on the Prevention and Eradication of Money Laundering.  Those Supporting legislations show that there is a shared commitment to eradicate corruption. Indonesia has also ratified the UNCAC (United Nations Convention against Corruption) by Law No. 7 of 2006 on the UN Convention (United Nations) Anti-Corruption. Support legislation is expected to provide a deterrent effect for offenders and protecting the rights of citizens has a whole. Keywords: Legislative Support, Criminal Code Draft, Eradication, Crime of Corruption, Pros and Cons    AbstrakSemangat pemberantasan tindak pidana korupsi terus bergulir. Berbagai upaya atau strategi dibangun untuk mempertajam kekuatan pemberantasan korupsi. Salah satunya adalah dengan dukungan legislasi atau peraturan perundang-undangan yang komprehensif dan efektif. Dibuktikan dengan lahirnya Undang-Undang No. 28 Tahun 1999 tentang Penyelenggaraan Negara yang Bersih dan Bebas dari Korupsi, Kolusi, dan Nepotisme dan Undang-Undang No. 31 Tahun 1999 sebagaimana diubah dengan Undang-Undang No. 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi. Adapun undang-undang terkait lainnya seperti UU No. 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi dan UU No. 8 Tahun 2010 tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang. Dukungan legislasi tersebut menunjukkan adanya komitmen bersama untuk memberantas tindak pidana korupsi. Indonesia juga  telah meratifikasi UNCAC (United Nations Convention Against Corruption) dengan UU No. 7 Tahun 2006 tentang Konvensi PBB (Perserikatan Bangsa-Bangsa) Anti Korupsi. Dukungan legislasi ini diharapkan memberikan efek jera bagi pelaku sekaligus melindungi hak-hak warga negara secara keseluruhan. Kata Kunci: Dukungan Legislatif, RUU KUHP, Pemberantasan, Tindak Pidana Korupsi, Pro dan Kontra

Declarations, Statements and ‘Disguised Reservations’ with Respect to the Convention on the Law of the Sea

2001 ◽  
Vol 50 (4) ◽  
pp. 767-786 ◽  
Author(s):  
L. D. M. Nelson
Keyword(s):  
United Nations ◽  
International Law ◽  
The Other ◽  
Law Of The Sea ◽  
Vienna Convention ◽  
Controversial Issues ◽  
Customary International Law ◽  
The Third ◽  
The Law ◽  
The One

The question of reservations was one of the ‘controversial issues’ facing the Third United Nations Conference on the Law of the Sea in drawing up the final clauses of the Convention. On the one hand it was argued that the integrity of the Convention must be safeguarded and that the ‘package deal’ must be protected from possible disintegration by the making of reservations. On the other hand the view was held that ‘allowance for the possibility of reservations is aimed at accommodating the views of the delegations who have maintained that they cannot become parties to the Convention unless the Convention permits them to exercise a right to enter reservations, in accordance with customary international law and as envisaged under the Vienna Convention on the Law of Treaties.’ In short the need to preserve the integrity of the Convention was pitted against the need to secure universal participation in the Convention.

Developing a Business and Human Rights Treaty: Lessons from the Deep Seabed Mining Regime Under the United Nations Convention on the Law of the Sea

2020 ◽  
Vol 5 (2) ◽  
pp. 200-220 ◽  
Author(s):  
Nadia BERNAZ ◽  
Irene PIETROPAOLI
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Law Of The Sea ◽  
Business And Human Rights ◽  
State Obligations ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Deep Seabed Mining ◽  
Seabed Mining

AbstractThis article delves into the deep seabed mining regime under the United Nations Convention on the Law of the Sea (UNCLOS) with a view to inform the negotiating process of the proposed business and human rights (BHR) treaty. It highlights points of convergence and divergence between the two regulatory regimes and explores how the BHR treaty negotiations could draw from the deep seabed mining regime with regard to the responsibility and liability of states and corporations. In particular, it suggests that a BHR treaty could incorporate some of the arrangements of UNCLOS to address state obligations and direct corporate human rights obligations, both of a general and specific nature, including the obligation to carry out human rights due diligence. The article also proposes a mechanism of responsibility and liability of states and corporations under the future BHR treaty going beyond UNCLOS and embracing residual liability for home and/or host states.

Statecraft, Witchcraft, God’s Craft: Religious Diversity and the Forces of Law in South Africa

2017 ◽  
Vol 47 (2) ◽  
pp. 257-284
Author(s):  
Marian Burchardt
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Religious Diversity ◽  
Historical Context ◽  
The Other ◽  
Power Struggles ◽  
Other Hand ◽  
The Law ◽  
The One

AbstractLegal anthropologists and sociologists of religion increasingly recognize the importance of law in current controversies over religious diversity. Drawing on the case of South Africa, this article explores how such controversies are shaped by contestations over what counts as ‘religion’. Analyzing the historical context and emergent forms of institutional secularity from which contemporary contestations over religious diversity draw, the article explores debates and practices of classification around religion, tradition, and culture, and the ways in which these domains are co-constituted through their claims on the law: on the one hand through an analysis of religion-related jurisprudence; on the other hand through an examination of the debates on witchcraft, law, and religion. I argue that the production of judicial knowledge of ‘religion’, ‘culture’, and ‘tradition’ is tied up with contestations over the power to define the meaning of the domains. In fact, contrary to notions of constitutionality in which rights seem to exist prior to the claims made on their basis, in a fundamental sense rights struggles help to constitute the contemporary human rights dispensation. Against the Comaroffs’ claim that judicialization depoliticizes power struggles, I show that legal claims making remains vibrantly political.

THE INSTITUTIONAL FRAMEWORK OF ORGANIZATIONS GENERATED FROM THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA AND THEIR EFFICIENCY CONTRIBUTING THE CURRENT DEVELOPMENT OF THE INTERNATIONAL SEABED AREA

ANCIENT LAND ◽  
2021 ◽  
Vol 04 (02) ◽  
pp. 52-55
Author(s):  
Gulzada Ilham Mirzamammadova ◽  
Keyword(s):  
United Nations ◽  
Key Words ◽  
The Other ◽  
Law Of The Sea ◽  
Current Development ◽  
United Nations Convention ◽  
The Law ◽  
International Seabed Authority ◽  
Major Attention ◽  
Functioning Mechanism

This article discusses the establishment of new organizations by the adoption of UNCLOS, their functioning mechanism and mandates given by UNCLOS. So far, the major attention given to the functions of the bodies within International Seabed Authority. It is elucidated which function is more essential and to what extent their responsibility has been distributed. At the end also the other two functions have been discussed without going to the deep and finally came up the result on the efficiency of the organization, particularly the International Seabed Authority. Key words: United Nations Convention on the Law of the Sea, seabed area, International Seabed Authority, marine environment

Foreign Military Activities in the Exclusive Economic Zone: Remarks on the Applicability and Scope of the Reciprocal ‘Due Regard’ Duties of Coastal and Third States

2019 ◽  
Vol 34 (1) ◽  
pp. 97-116
Author(s):  
Ioannis Prezas
Keyword(s):  
United Nations ◽  
The Other ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Other Hand ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations ◽  
The Law

Abstract This study examines the applicability and scope of the reciprocal ‘due regard’ duties imposed upon coastal and third states by the United Nations Convention on the Law of the Sea in the field of military activities in the exclusive economic zone (EEZ). The applicability of these duties depends on the existence of a right of third states to conduct military activities in the EEZ of another state. Still, this preliminary issue remains extremely controversial because the rules established by the Convention do not offer any clear guidance. On the other hand, if such a right is recognized in abstracto and thus the applicability of the ‘due regard’ duties is triggered, an enquiry into the potential procedural and substantive scope of these duties is necessary to understand how conflicts between this right and coastal states’ rights and jurisdiction should be resolved in concreto.

scholarly journals Kontroversi Hukum Islam Kontemporer (Kajian terhadap Aborsi di Bawah Kehamilan 4 Bulan)

2016 ◽  
Vol 12 (2) ◽  
pp. 307
Author(s):  
A. Markarma Yusup
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Islamic Law ◽  
Medical Science ◽  
Close Relation ◽  
The Other ◽  
Reproductive Life ◽  
The Law ◽  
The One ◽  
Do So

Discussing the controversy of contemporary Islamic law on abortion, especially under four months of pregnancy, it is always interesting to be discussed. Especially if it is associated with the medical science, the law enforcement and human rights. The law seems to be difficult to touch this matter, then it is compounded with suspected of hiding the practice of abortion in the name of health care. Regardless of the question of whether abortion do so on the basis of health considerations alone or indeed do so on the basis of other reasons, but nonetheless deaths from abortion is very worrying. Abortion was close relation to human rights on the one hand because every woman is entitled to her live a healthy reproductive life, but on the other side of the fetus in the mother's womb are also entitled to live and thrive. Two of these are reaping the benefit of debate among scholars. Some scholars allow and forbid others to submit their respective arguments

2 Overview of ITLOS’s Composition, Organization, Structure, and Rules of Procedure

2021 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
United Nations ◽  
Organization Structure ◽  
The Other ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Secret Ballot ◽  
The Status ◽  
Rules Of Procedure ◽  
United Nations Convention ◽  
The Law

This chapter provides an overview of the composition, organization, structure, and rules of procedure of the International Tribunal for the Law of the Sea (ITLOS). ITLOS is composed of 21 judges elected by secret ballot by the States Parties to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) from among persons nominated by States Parties who enjoy the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea. The United Nations recognizes ITLOS as an autonomous international judicial body with jurisdiction as provided for in the relevant provisions of UNCLOS and its Statute (which is Annex VI to UNCLOS). The UN and ITLOS each undertakes to respect the status and mandate of the other and to establish cooperative working relations pursuant to the provisions of the Agreement on Cooperation and Relationship between the UN and ITLOS. With a view to facilitating the effective attainment of their objectives and the coordination of their activities, they shall consult and cooperate, whenever appropriate, on matters of mutual concern, and pursue, whenever appropriate, initiatives to coordinate their activities. Moreover, ITLOS's Registrar transmits to the UN information and documentation relating to ITLOS's work, including documentation relating to applications, pleadings, oral proceedings, orders, judgments, and other communications and documentation before ITLOS.

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