החובה ליתן לעצורים יחס מיוחד ההולם את חזקת החפות: מבט נוסף על תנאי המעצר בישראל על רקע המשפט הבינלאומי The Duty to Give Detainees Special Treatment Appropriate to the Presumption of Innocence: An Additional Look at the Conditions of Internment in Israel against the Backdrop of International Law

2019 ◽  
Author(s):  
Michal Tamir ◽  
Gershon Gontovnik

2021 ◽  
Vol 3 (2) ◽  
pp. 73-84
Author(s):  
Muhammad Risnain

The concept of an archipelagic province in law number 23 of 2014 is interesting, especially international law of the sea and Indonesian national law. This research is due to the concept of an archipelagic State's special treatment, which is a concept derived from the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This research accommodates the state's interests with special conditions for States that are geographical, social, political, and economic conditions by fulfilling the 1982 UNCLOS. The state is a subject of the international, but the archipelagic province receives special treatment from the central government in DAU and DAK. The problem in this research is how the concept of an archipelagic province and state is based on national and international law? The research method used is normative juridical research based on the applicable laws and regulations. The analysis is carried out using a descriptive method that explains the concept of an archipelagic province and state from the perspective of national and international law. The archipelagic state's international and national law concept cannot be applied to mutatis mutandis. The criteria for an archipelagic state as an intrinsic geographical, economic, defense and security, and political unit have historically been regarded as such. The 1982 UNCLOS and national laws cannot be applied in determining the criteria for an archipelagic province. According to the elucidation of Law Number 23 of 2014 concerning regional government, the archipelagic province based on geographical and cultural conditions is a moderate concept. This concept is beneficial in determining the characteristics of an archipelagic province.



2016 ◽  
Vol 1 (2) ◽  
pp. 174-191
Author(s):  
Zhengxin Huo

This article reviews the statutory reform of Chinese private international law from the perspective of property rights which concludes that notwithstanding the significant improvement, the new Private International Law Act of China are fraught with various defects. In the field of property, Article 37 and Article 38 are particularly problematic as the introduction of unlimited party autonomy into the choice-of-law rules for movables and res in transitu is theoretically indefensible and practically troublesome. Moreover, there are a number of defects or problems with Article 39 and Article 40 of the Act respectively. What’s more, the Act neglects some other important types of property that call for special treatment, such as cultural property, and assignment of debt. In the end, the article puts forward the corresponding suggestions for improvement.



2018 ◽  
Vol 5 (2) ◽  
pp. 158-163
Author(s):  
V A Jilkin

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.



2017 ◽  
Author(s):  
Stuart Casey-Maslen ◽  
Sean Connolly












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