The impact of globalization processes on the content of migration legislation

2020 ◽  
pp. 305-318
Author(s):  
Nataliya Sadokhina
Keyword(s):  
International Law ◽  
Regional Integration ◽  
Mutual Influence ◽  
Legal Regulation ◽  
View Point ◽  
Philosophical Approach ◽  
Analysis And Synthesis ◽  
And Migration ◽  
The Impact ◽  
The Relationship

The relevance of this study is determined by the critical importance of migration for international cooperation and intrastate development. The processes of globalization and migration are interrelated sociopolitical phenomena that require an adequate legal assessment. However, the law should not only commit the consequences of these processes, but also, if possible, regulate them in order to prevent a destructive influence on the states development. The aim of the study is to determine the impact of globalization and regional integration on the legal systems of member states of various types of international associations. The methods of attaining this aim include: dialectics, which allows to look at the processes under consideration from the view point of their mutual influence and dynamics; analysis and synthesis, through which the inalienable signs of phenomena are studied; induction and deduction as methods of a philosophical approach to the relationship between general and particular, while characterizing the interdependence of international and intrastate law. We pay considerable attention to special legal methods – comparative legal and formal legal, contributing to an all-sided study of the legal regulation of migration processes in individual countries. We base our conclusions on an assessment of the impact of international law on intrastate legal regulation in the field of migration, which is not only retrospective, but also prospective. We note the impact of pandemic on the migration legislation development.

scholarly journals Causal Inference, International Law, And Maritime Disputes

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 389-393
Author(s):  
Benjamin J. Appel
Keyword(s):  
Causal Inference ◽  
International Law ◽  
Law Of The Sea ◽  
International Courts ◽  
Legal Scholarship ◽  
Wide Range ◽  
Maritime Disputes ◽  
Empirical Tests ◽  
The Impact ◽  
The Relationship

Sara Mitchell and Andrew Owsiak's examination of the impact of UN Convention on the Law of the Sea (UNCLOS) and Article 287 declarations on the peaceful resolution of maritime disputes significantly advances the literature on the relationship between international law/international courts and maritime issues. To their credit, the authors employ a wide range of empirical tests in the article to provide readers with confidence in the empirical results. Nonetheless, there are some important limitations in their approach. Drawing on insights from the causal inference literature, I argue that Mitchell and Owsiak's empirical analyses suffer from two biases that both (1) raise concerns about the causal relationships identified in the article, and (2) suggest some important scope conditions in its empirical findings. I investigate the biases and propose suggestions for legal scholarship to produce more credible results.

scholarly journals Prediction and comparison of the impact of COVID-19 epidemic on the financial industry of major countries based on neural intelligent algorithm

2020 ◽  
Vol 39 (6) ◽  
pp. 8831-8838
Author(s):  
Bin Wang ◽  
Qingyuan Zhou
Keyword(s):  
United States ◽  
Global Economy ◽  
Mutual Influence ◽  
The United States ◽  
Household Consumption ◽  
Intermediate Input ◽  
Financial Industry ◽  
Government Consumption ◽  
The Impact ◽  
The Relationship

The global economy appears the trend of anti-globalization under the influence of COVID-19. Based on the input-output table of lead database from 2006 to 2020, this paper divides the factors that affect the development of financial industry in China, the United States and Russia into six aspects: price, intermediate input, household consumption, government consumption, export and import. ADGA-BP neural network model is proposed in this paper, which is based on six aspects of price, intermediate input, consumer, government consumption, export and import. The intermediate input is decomposed from the perspective of industrial structure to study the interrelationship between financial industry and other industries in the three countries. The results show that the intermediate input is the main factor in the development of financial industry in the three countries, but the source industries of the intermediate input are not the same; the two factors of household consumption and price are closely related to the development of financial industry in the three countries, and they all play a role in promoting China, while the relationship between household consumption and the United States and between price and Russia is reverse; Government consumption only has a significant impact on Russia; from the perspective of mutual influence, the mutual investment between the financial industry of China and the United States is relatively large, while the relationship between the Russian financial industry and the two countries is relatively weak. It shows that under the background of covid-19, the development of financial industry is affected.

Part II Predominant Security Challenges and International Law, National and Transnational Security, Ch.8 Corruption and Global Security

2021 ◽  
Author(s):  
Rose Cecily
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Social Scientists ◽  
Global Security ◽  
Legal Definition ◽  
Post Conflict ◽  
Security Challenges ◽  
State Actors ◽  
The Impact ◽  
The Relationship

This chapter studies the relationship between corruption and global security. It begins by discussing the term ‘corruption’, which lacks a legal definition and can mean different things to lawyers and to social scientists. The chapter describes the various ways in which corruption and insecurity can relate to each other. Corruption is both a cause of global insecurity and a consequence of it. In other words, corruption may lead to insecurity, and conversely, insecurity, as in post-conflict societies, may lead to corruption and to greater tolerance of it. In addition, corruption can also be a cause of security or stability, rather than insecurity. Finally, anti-corruption measures and campaigns may themselves inadvertently cause insecurity. The chapter then details the international legal framework concerning corruption. It explores the extent to which anti-corruption treaty laws can serve as tools or guides for States and also non-State actors seeking to combat corruption and promote global security. The chapter also considers one of the challenges facing researchers who study the causes and consequences of corruption, namely the difficulties involved in measuring corruption and the impact of anti-corruption laws.

scholarly journals Regional Integration: Do Intra-African Trade and Migration Improve Income in Africa?

2019 ◽  
Vol 43 (6) ◽  
pp. 587-631 ◽  
Author(s):  
Blaise Gnimassoun
Keyword(s):  
Regional Integration ◽  
Capita Income ◽  
Per Capita Income ◽  
Cross Sectional ◽  
Wide Range ◽  
Per Capita ◽  
Migration Flows ◽  
And Migration ◽  
The Impact

Regional integration in Africa is a subject of great interest, but its impact on income has not been studied sufficiently. Using cross-sectional and panel estimations, this article examines the impact of African integration on real per capita income in Africa. Accordingly, we consider intra-African trade and migration flows as quantitative measures reflecting the intensity of regional integration. To address the endogeneity concerns, we use a gravity-based, two-stage least-squares strategy. Our results show that, from a long-term perspective, African integration has not been strong enough to generate a positive, significant, and robust impact on real per capita income in Africa. However, it does appear to be significantly income-enhancing in the short and medium terms but only through intercountry migration. These results are robust to a wide range of specifications.

Negotiating narratives, accessing asylum: Evaluating language policy as multi-level practice, beliefs and management

Multilingua ◽  
2017 ◽  
Vol 36 (1) ◽  
Author(s):  
Laura Smith-Khan
Keyword(s):  
Language Policy ◽  
Qualitative Interviews ◽  
Language Management ◽  
Official Policy ◽  
Beliefs And Practice ◽  
Multi Level ◽  
And Migration ◽  
Asylum Procedure ◽  
The Impact ◽  
The Relationship

AbstractTheories of language policy increasingly emphasise focusing on the specific contexts in which language management occurs. In government settings, policy seeks to shape how individuals interact with officials. Australian asylum procedure is an area where policy aims at tight control. I examine how communication is managed in this setting, in which successful outcomes are so important. After reviewing the relevant policy documents, I explore the experiences of individual refugees and migration agents through a series of qualitative interviews. I consider the relationship between language management, beliefs and practice in this context and find that individual experiences in this setting can differ. This article demonstrates the impact of several agents in the co-construction of the refugee narrative, noting that while standardisation is institutionally valued, variation is inevitable. The findings suggest that outcomes depend on much more than just official policy.

scholarly journals DOMESTIC LAW AND INTERNATIONAL LAW IN BRAZIL

2018 ◽  
Vol 4 (5-6) ◽  
pp. 197-222
Author(s):  
Ana Cristina Paulo Pereira ◽  
Eraldo Silva Júnior
Keyword(s):  
International Law ◽  
Know How ◽  
Legal Effect ◽  
Critical Issues ◽  
International Obligations ◽  
Theoretical Question ◽  
International Conventions ◽  
The Impact ◽  
The Relationship ◽  
Domestic Law

International law, which main sources are agreements and international conventions, is increasingly present in internal affairs in such way that it is difficult to imagine an area of national law which has not been affected in some way by standards imposed by agreements. But how and to what extent international law will be applied internally will depend on the way in which States comply with their international obligations. Therefore, it is essential to know how States bestow domestic legal effect to their agreements. The theoretical question about the relationship between domestic law and international law is usually presented on the basis of dualistic (or pluralistic) and monistic theories, that can not, however, comprehensively cover all aspects of this relationship. The Constitution of the Federative Republic of Brazil recognizes, yet indirectly, international agreements as part of domestic law, but left important aspects related to its application without answers. Thus, the Brazilian judiciary has faced critical issues relating to the impact of agreements in domestic law, particularly regarding its duration, effects and hierarchical position. Despite the Brazilian judicial performance, legal uncertainties regarding the matter persist, which will be exposed in this article.

scholarly journals Towards a (radically) decolonial anthropology: revisiting the Iberian school of peace’s encounter with (the rights of) Amerindians / Rumo a uma antropologia (radicalmente) decolonial: revisitando o encontro da escola ibérica da paz com (os direitos d)os ameríndios

2018 ◽  
Author(s):  
Bethânia De Albuquerque Assy ◽  
Florian Fabian Hoffman
Keyword(s):  
Early Modern ◽  
International Law ◽  
Reception History ◽  
History Of Ideas ◽  
Radical Alterity ◽  
Culturally Different ◽  
History Of ◽  
Ius Gentium ◽  
The Impact ◽  
The Relationship

Resumo: A resposta da Escola de Salamanca à crise cognitiva gerada pelo encontro entre europeus e ameríndios no século XVI tem se convertido em um dos momentos mais referenciados na historiografia colonial devido ao papel que desempenhou na formação do direito internacional (europeu). Embora a posição tradicional sobre o uso dos direitos naturais da Escola para enquadrar o relacionamento com os ameríndios tenha mitigado a universalidade colonizadora do incipiente ius gentium (europeu), (re)leituras post/descoloniais mais recentes expuseram esse movimento como uma mera estratégia para a subjugação epistêmica dos ameríndios. No entanto, de acordo com suas premissas historicistas, ambas as posições se concentraram no impacto da doutrina de Salamanca sobre a história europeia das ideias e deixaram (relativamente) sub-explorado seu significado como resposta à experiência de alteridade radical em relação ao encontro ameríndio. O recurso a linguagem de direitos dos salamanquianos também pode ser visto como uma maneira de lidar com o desafio perspectivista fundamental que a “razão” culturalmente diferente, ainda que epistemologicamente equivalente, dos ameríndios representou. A sua “solução” de um jusnaturalismo pluricultural historicamente concretizado não era inteiramente coerente nem livre do eurocentrismo. Mas sua gênese contrafactual por meio de uma combinação de realismo universalista escolástico tardio e de multinaturalismo indígena mostra que o encontro ameríndio era intelectualmente muito menos unilateral do que a recepção europeia histórica reconheceria. No entanto, essa abordagem exige não apenas uma virada (sutil) para uma perspectiva etnográfica, mas também uma reconstrução antropológica radical da historiografia do início da era moderna do direito internacional.Abstract: The School of Salamanca’s response to the cognitive crisis which the encounter between Europeans and Amerindians in the sixteenth century generated has become one of the most referenced moments in colonial historiography for the role it played in the formation of (European) international law. While the traditional position on the School’s use of natural rights to frame the relationship with Amerindians argued that it thereby sought to mitigate the colonizing universality of the incipient (European) ius gentium, more recent post/decolonial (re-)readings have exposed this move as a mere strategy for the epistemic subjugation of Amerindia. However, in line with their historicist premises, both positions have focussed on the impact of Salamancan thought on the European history of ideas and have left its significance as a response to the experience of radical alterity vis-à-vis the Amerindian encounte (relatively) underexplored. For the Salamancan’s resort to rights language can also be seen as a way to grapple with the fundamental perspectivist challenge that the culturally different yet epistemically equivalent ‘reason’ of the Amerindians represented. Their “solution” of a historically concretized pluricultural jusnaturalism was neither entirely coherent nor free from Eurocentrism, but its counterfactual genesis through a combination of late scholastic universalist realism and Amerindian multinaturalism shows that the Amerindian encounter was intellectually much less one-sided than its European reception history would acknowledge. Yet, this approach requires not only a (subtle) shift towards an ethnographic perspective but also a (radically) anthropological reconstruction of the historiography of early modern international law.

scholarly journals Influence of International Law Standards in the Field of Judges Labor Protection and European Integration on the Reform of National Law

2020 ◽  
pp. 352-356
Author(s):  
Anna Kochkova ◽  
Maryna Dei
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Judicial System ◽  
Labor Rights ◽  
Judicial Reform ◽  
Council Of Europe ◽  
Association Agreement ◽  
The Impact ◽  
Selection Of ◽  
The Eu

The legal regulation of the work of judges is important at the international level, confirming the huge number of international legal acts regulating this issue. A number of important documents have been adopted at the regional level, namely under the auspices of the Council of Europe and the EU. The provisions of the Law of Ukraine “On Judiciary and Status of Judges” of 2016 are analyzed. The relations between Ukraine and the EU in the aspect of justice and judicial reform in accordance with the Association Agreement and the impact of such cooperation on the legislation of Ukraine are considered. We can argue for the unconditional influence of the rules of international law on the updated Law of 2016 in the context of a clear definition of the criteria for the selection of candidates for the post of judge. The article reveals the peculiarities of the influence of the international legal norms and standards of the Council of Europe and the EU in the matter of securing the labor rights of judges and regulating the issue of legal relations with judges. The article compares the compliance of Ukrainian legislation with international legal standards. In addition, the author proposes changes that need to be made to the legislation of Ukraine in order to ensure the protection of the labor rights of judges and increase the efficiency of the judicial system of Ukraine. Having considered violations of labor rights and court decisions on these issues, as well as norms of international law and legislation of European countries, the author proposes to introduce a number of important changes in Ukrainian laws. In particular, it is advisable to make changes to regulate the housing issue of judges by the selection of criteria that are put forward to a candidate for judicial office, recruitment procedures and grounds for dismissal of a judge for professional unfitness. Thus, all relevant changes will not only make adjustments to ensure the labor rights of judges and their protection to international law, but will also serve as additional grounds for maintaining the impartiality and efficiency of the judicial system in Ukraine.

scholarly journals The Strategy of the Eurasian Economic Union Extra-Regional Integration

2021 ◽  
Vol 18 ◽  
pp. 67-77
Author(s):  
Agnieszka Konopelko ◽  
Katarzyna Czerewacz-Filipowicz
Keyword(s):  
Empirical Analysis ◽  
Regional Integration ◽  
Literature Analysis ◽  
Eurasian Economic Union ◽  
Comparative Advantages ◽  
Economic Union ◽  
The Impact ◽  
The Relationship ◽  
Theoretical Overview ◽  
Critical Literature

The main purpose of the research presented in the article is to answer the question of whether or notthe Eurasian Economic Union has strategic opportunities to initiate integration processes with third countriesand built comparative advantages. The authors identify the channels of its integration with third countries aswell as assess their effectiveness based on the relationship with Vietnam, Singapore, Iran and China. Thefollowing methods were used: a critical literature analysis, an empirical analysis of the official documents, alogical construct method, an analytical theoretical overview of the Eurasian Economic Union external strategy,as well as statistical methods. Subsequently, based on the results obtained, a SWOT (Strengths, Weaknesses,Opportunities, Threats) analysis was carried out. The work diagnoses the main vectors of the EurasianEconomic Union strategy, analyses its institutional extra-regional integration as well as defines the scope andmain channels of the influence of business and logistics on extra-regional integration. The main achievement ofthe research presented in the article is the diagnosis and assessment of the impact channels of EurasianEconomic Union extra-regional integration. The research points out that the organisation has an effective extraregional policy towards very different Eurasian countries and uses many channels of influence.

scholarly journals Correlation of International and Domestic Law: Procedural and Legal Problems

2021 ◽  
Vol 3 (3) ◽  
pp. 189-205
Author(s):  
Alexandr D. Magdenko ◽  
◽  
Alexandr Yu. Tomilov
Keyword(s):  
Public Relations ◽  
International Law ◽  
Civil Procedure ◽  
Constitutional Court ◽  
Legal Systems ◽  
Public And Private ◽  
Main Research ◽  
The Impact ◽  
The Relationship ◽  
Domestic Law

Introduction. Despite the multiplicity of works on the relationship between international and domestic law, this problem remains relevant, since due to changes in public relations, the understanding of the functioning of the rules of law changes. This concerns the problem of the influence of international law on the process of changes in civil procedure legislation. This issue also complicates the active phenomena of the globalisation of public relations, and the requirement of unification of legal relations, both in the public and private legal spheres. National communities have an interest in this. At the same time, the processes of borrowing and unification under the influence of international law in the civil procedure sphere have their own distinctive feature. They always give priority to national legal systems, which does not exclude, (due to the intensive convergence of different communities), the manifestation of elements of borrowing from the norms of international law. Theoretical BasIs. Methods. The main research methods are comparative legal and historical. The study analyses the relationship between international and national law in the framework of civil procedure relations, taking into account the effect of globalisation. Results. An analysis of the current nature of the relationship between international and domestic law allows us to conclude that the globalisation processes contribute to the convergence of these two legal systems. The modern interpretation of the Constitution in the light of the legal positions of the Constitutional Court marked a departure from the traditional Russian dualistic understanding of the problem of the relationship between international and domestic law in the direction of moderate monism. Discussion and Conclusion. The analysis of the impact of globalisation processes on the mechanism of implementation of international law in the field of civil procedure legislation is carried out. The obtained results and conclusions allow us to determine the features and nature of the current relationship between international law and national law in the framework of civil procedure relations.

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