The Contemporary International Law Status of the Right to Receive Asylum

2012 ◽  
Author(s):  
William Thomas Worster
Keyword(s):  
International Law ◽  
The Right ◽  
To Receive

Part II Sources, Ch.13 Customary Refugee Law

2021 ◽  
Author(s):  
Lambert Hélène
Keyword(s):  
International Law ◽  
Customary Law ◽  
Refugee Convention ◽  
Customary International Law ◽  
Refugee Protection ◽  
Refugee Law ◽  
Treaty Law ◽  
International Refugee Law ◽  
The Right ◽  
To Receive

This chapter explores customary refugee law. Refugee law is primarily treaty law. However, many of the major refugee-receiving countries are not parties to either the Refugee Convention or the Refugee Protocol, for example Bangladesh, Pakistan, India, Iran, Jordan, and Lebanon. Hence, customary international refugee law can be critically important in the identification of key principles of refugee protection and as an indication of what is permitted or not. While customary international law may not play as significant a role in refugee law as it does in other areas of international law, there are at least three practices of refugee protection aimed at safeguarding access and admission to refugee protection for which varying degrees of agreement exist in favour of a rule (or emerging rule) of customary law: non-refoulement, temporary refuge, and the right to be granted (to receive) asylum. These practices are deeply intertwined in their humanitarian purpose.

scholarly journals PRINCIPLES OF TRANSITIONAL JUSTICE

2021 ◽  
Vol 117 (4) ◽  
pp. 96-106
Author(s):  
CHVALIUK Andrii ◽  
BABIN Borys
Keyword(s):  
Public Relations ◽  
International Law ◽  
Transitional Justice ◽  
Scientific Community ◽  
Practical Implementation ◽  
Expert Opinions ◽  
Post Conflict ◽  
Occupied Territories ◽  
The Right ◽  
To Receive

Background. The issue of reintegration of the temporarily occupied territories was emphasized by the President of Ukraine as one of the priority areas of work of the Commission on Legal Reform. Instructing to develop a concept of transitional justice in 2019, the President said that it should include measures to compensate victims of war, bring to trial those guilty of serious crimes, realize the right to receive the truth about the course of the conflict. However, neither the country’s leadership nor the scientific community has yet determined the principles on which these measures should be implemented. Analysis of recent research and publications has revealed that, when thinking about the principles of transitional justice policy, human rights activists and scholars use such language clichés as «directions», «measures», «main principles»,«postulates», «essence», «policy principles to support transitional justice». This creates some confusion that needs to be eliminated. The aim of this article is to formulate the principles of the Ukrainian model of transitional justice. Materials and methods. During the study, both general and special methods of cognition were used: dialectical, terminological, systemic, formal-logical, generalization, structural-functional, modelingand forecasting. The information base of the study was the norms of international law, national legislation and draft laws, expert opinions, works of domestic and foreign scientists. Results. The article considers the principles on which the Ukrainian model of transitional justice should be based. Taking into account the fact that at the normative and doctrinal levels the consolidation of the principles of the domestic model of transitional justice has not yet taken place, the author offers his vision of the system of principles of the domestic model of transitional justice and outlines promising areas for their practical implementation. Conclusion.The author believes that the basic system of principles of the domestic model of transitional justice should look like this: the primacy of international law; objective (judicial) truth; universal justice; post-conflict modernization of public relations; efficiency and timeliness. Keywords: transitional justice, principles, model, measures, directions, reintegration of temporarily occupied territories.

scholarly journals Una victoria (póstuma) de las viudas de la poligamia del Sáhara español: la STSJ de Madrid de 14 de junio de 2008 = A (posthumous) victory for the widows of the polygamy in the Spanish Sahara: the decision of the Higher Court of Madrid of June 14, 2018

2019 ◽  
Vol 11 (1) ◽  
pp. 807
Author(s):  
Pilar Juárez Pérez
Keyword(s):  
Public Policy ◽  
International Law ◽  
Case Law ◽  
Private International Law ◽  
El Alto ◽  
The Right ◽  
To Receive

Resumen: El año 2018 resultó especialmente pródigo en resoluciones judiciales en torno a la poligamia, concretamente sobre la cuestión de la pensión de viudedad de las múltiples esposas concu­rrentes en un matrimonio polígamo. Estas decisiones destacan por su lucidez y su coherencia a la hora de abordar una demanda no siempre bien entendida y resuelta por nuestros tribunales de justicia. La Sentencia de 14 de junio de 2018 dictada por el Tribunal de Justicia de Madrid, Sala de lo Contencioso Administrativo, es un ejemplo de ello. La resolución declara el derecho de segunda esposa de un soldado español de la Policía Territorial del Sáhara a percibir la pensión de viudedad generada por éste. Además de la correcta aplicación de la doctrina del orden público atenuado, esta sentencia tiene del mérito de consolidar la línea interpretativa seguida hasta la fecha por el Tribunal Superior de Justicia de Madrid, acogiendo la senda marcada por la STS de 24 de enero de 2018, que supone un giro jurisprudencial en el Alto Tribunal.Palabras clave: orden público internacional, Sáhara español, pensión de viudedad, poligamia, Derecho internacional privado.Abstract: In the course of 2018 several sentences about polygamy were made by the Spanish courts, with more specific regard to widow’s pension. These decisions are fully consistent with a de­mand not always understood and settled by ours courts. The decision of the Higher Court of Madrid of June 14, 2018 is a recent example of this. This sentence recognizes the right of the second wife of a Spanish soldier of the Territorial Police of the Sahara to receive the widow’s pension. The resolution correctly applies the attenuated public policy and consolidates the Higher Court’s previous case law in this matter, following a change in the case law of the Supreme Court’s decision of January, 24, 2018.Keywords: public policy, Spanish Sahara, widow’s pension, polygamy, private international law.

scholarly journals Changing the Nature of Our Constitutional Default: The Fight for a Right to a Healthy Environment

2017 ◽  
Vol 3 (2) ◽  
Author(s):  
Katelyn Joanna Jones
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Environmental Law ◽  
Legal Framework ◽  
Inadequate Response ◽  
Constitutional Protection ◽  
Healthy Environment ◽  
Collective Commitment ◽  
The Right ◽  
To Receive

The convergence of environmental law, constitutional law, international law and human rights in the formation and steady acceptance of environmental constitutionalism is a relatively new occurrence. Environmental rights are included in 147 out of the 193 national constitutions worldwide. Despite this collective commitment to environmental protection, Canada’s polluted air, disappearing forests, contaminated waterways and the human health consequences associated with such ills continue to receive no constitutional protection. If the existing legal framework is unable to protect this right, Canadians will demand express recognition of it. Silence – as our constitutional default – is an inadequate response to the growing need for the right to a healthy environment to receive codification.

Between Victims of Crime and Victims of Terrorism

2021 ◽  
Vol 24 (4) ◽  
pp. 568-600
Author(s):  
Shai Farber ◽  
Nethanel Benichou
Keyword(s):  
International Law ◽  
Social Factors ◽  
Crime Victims ◽  
Preliminary Evaluation ◽  
The West ◽  
Future Developments ◽  
The Right ◽  
Procedural Rights ◽  
First Time ◽  
To Receive

In June 2018, a new Reform came into effect in the Judea and Samaria Area (the West Bank; hereinafter “the Area”). For the first time, victims of terror activity that was adjudicated in military courts in the Area, acting under international law, were given statutory rights. These victims were awarded new procedural rights, including the right to receive information regarding the proceedings against the defendant, updates regarding plea bargains, release from prison, and pardon. The rights that crime victims are now entitled to, following the Reform, will allow them to state their opinion on and take part in the proceeding, though not entirely so. The article describes the new Reform regarding victims of terrorism in the Area. It explains the legal, international, and social factors that were at the basis of the Reform. It portrays how these changes are compliant with principles of international law and of foreign legal systems relating to enhancing the protection of crime victims. The article then explores the normative changes expected as a result of the Reform and performs a preliminary evaluation of future developments resulting from its application, de facto. Simultaneously, the article poses criticism to certain aspects of the Reform, such as regarding the enforcement of compensation awarded to victims of terrorism in the Area, and offers suggestions for improvement.

Remarks by Yash P. Ghai

1973 ◽  
Vol 67 (5) ◽  
pp. 122-127 ◽  
Author(s):  
Yash P. Ghai
Keyword(s):  
International Law ◽  
East Africa ◽  
Asian Community ◽  
Considerable Confusion ◽  
The Right ◽  
To Receive ◽  
Domestic Law

I propose to discuss the topic through an examination of the practice in East Africa, especially as it relates to its Asian community. There is considerable confusion in the rules of international law on this topic. Few rules are above controversy and in many instances, the practice goes against what are alleged to be the rules. The answer in several instances depends on interrelated but separate issues, each of which might be controversial. Lack of clear answers is partly due to the great number of variables. Additionally, some of these variables are matters properly governed by international law; others by domestic law. Moreover, there is, generally speaking, a need for greater consensus among states on the scope of the variables before the set of rules can function effectively. Thus questions of nationality are central, but the jurisdiction over them is domestic; problems of statelessness are controversial; the right to leave a country may depend on the right to enter another; the possibility of expelling a person is contingent on the obligation or the willingness of another country to receive him.

DMSA-scintigraphy in paediatrics: Is the evaluation of the geometric mean necessary for the calculation of the differential renal function?

2001 ◽  
Vol 40 (04) ◽  
pp. 107-110 ◽  
Author(s):  
B. Roßmüller ◽  
S. Alalp ◽  
S. Fischer ◽  
S. Dresel ◽  
K. Hahn ◽  
...  
Keyword(s):  
Renal Function ◽  
Geometric Mean ◽  
Region Of Interest ◽  
Posterior View ◽  
Renal Abnormality ◽  
Anterior View ◽  
Differential Renal Function ◽  
The Mean ◽  
The Right ◽  
To Receive

SummaryFor assessment of differential renal function (PF) by means of static renal scintigraphy with Tc-99m-dimer-captosuccinic acid (DMSA) the calculation of the geometric mean of counts from the anterior and posterior view is recommended. Aim of this retrospective study was to find out, if the anterior view is necessary to receive an accurate differential renal function by calculating the geometric mean compared to calculating PF using the counts of the posterior view only. Methods: 164 DMSA-scans of 151 children (86 f, 65 m) aged 16 d to 16 a (4.7 ± 3.9 a) were reviewed. The scans were performed using a dual head gamma camera (Picker Prism 2000 XP, low energy ultra high resolution collimator, matrix 256 x 256,300 kcts/view, Zoom: 1.6-2.0). Background corrected values from both kidneys anterior and posterior were obtained. Using region of interest technique PF was calculated using the counts of the dorsal view and compared with the calculated geometric mean [SQR(Ctsdors x Ctsventr]. Results: The differential function of the right kidney was significantly less when compared to the calculation of the geometric mean (p<0.01). The mean difference between the PFgeom and the PFdors was 1.5 ± 1.4%. A difference > 5% (5.0-9.5%) was obtained in only 6/164 scans (3.7%). Three of 6 patients presented with an underestimated PFdors due to dystopic kidneys on the left side in 2 patients and on the right side in one patient. The other 3 patients with a difference >5% did not show any renal abnormality. Conclusion: The calculation of the PF from the posterior view only will give an underestimated value of the right kidney compared to the calculation of the geometric mean. This effect is not relevant for the calculation of the differntial renal function in orthotopic kidneys, so that in these cases the anterior view is not necesssary. However, geometric mean calculation to obtain reliable values for differential renal function should be applied in cases with an obvious anatomical abnormality.

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.

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