scholarly journals Violence Against Women in Russia and Brazil: International and Domestic Responses

2021 ◽  
Vol 8 (4) ◽  
pp. 76-102
Author(s):  
G. Nelaeva
Keyword(s):  
Domestic Violence ◽  
International Law ◽  
Violence Against Women ◽  
International Community ◽  
Public Debate ◽  
Intergovernmental Organizations ◽  
Court Decisions ◽  
Insufficient Data ◽  
The Subject ◽  
Laws And Policies

The problem of domestic violence and violence against women, despite being an age-old phenomenon, came to the fore of public debate relatively late. It entered the agenda of intergovernmental organizations in the 1990s, but became the subject of international litigation only in the 2000s and 2010s. While this belated response of the international community can be associated with the inadequate conceptualization of the problem and insufficient data, it also has to do with the ongoing public/private dichotomy that became especially pronounced in the recent years when various conservative groups increasingly question the necessity of specific laws and policies aimed at eliminating this kind of crime. In this article, I briefly trace the developments concerning women’s rights, and, particularly, domestic violence and violence against women in international law. Then, based on the analysis of international and regional court decisions, I try to see how and whether these decisions contributed to the domestic developments in the field of combatting this phenomenon in Russia and Brazil. It is also important to examine how COVID-19 pandemic impacted the narratives of violence and how the international community should respond to the challenge of protecting the most vulnerable members of the society in the conditions of health emergency.

scholarly journals The problems of violence against women in international law

2021 ◽  
Vol 12 (3) ◽  
pp. 803-819
Author(s):  
Valery V. Chernikov ◽  
◽  
Olga K. Goncharenko ◽  
Keyword(s):  
Domestic Violence ◽  
International Law ◽  
Violence Against Women ◽  
Legal Aspects ◽  
Council Of Europe ◽  
Public And Private ◽  
Genital Mutilation ◽  
The Public ◽  
Women And Girls ◽  
Basic Approaches

The problems of violence against women and domestic violence were reflected in Goal No. 5 of the 2030 Agenda for Sustainable Development, which calls for gender equality and empowerment of women and girls while addressing such challenges as elimination of all forms of discrimination against women and girls; eradication of violence against women and girls in the public and private sphere, including human trafficking, sexual and other forms of exploitation; liquidation of all harmful practices, in particular forced marriages and female genital mutilation. In this article, the authors examine existing conventional and doctrinal definitions and qualifications of the terms “violence against women” and “domestic violence” in international law, explore international legal aspects of prevention and combatting violence against women and domestic violence, conduct a comprehensive analysis of a conceptual framework related to these offences, and present basic approaches to the concept of domestic violence. The authors also examine the link between two core international universal and regional legal acts in this field — Convention on the Elimination of all Forms of Discrimination against Women and Council of Europe Convention on preventing and combatting violence against women and domestic violence. The authors derive a new understanding of the due diligence principle (a well-known principle/standard in international law) with regard to violence against women and domestic violence issues, clarify its key components while codifying states’ main obligations in this sphere. In conclusion, the authors deduce that the questions of elimination of discrimination against women and eradication of violence against women can only be considered collectively, confirming the validity of the theory of a genderbased approach to the issue, which is adhered to by international human rights bodies.

scholarly journals REGULATING THE ACTIVITIES OF TRANSNATIONAL CORPORATIONS: EVOLUTION OF PRIORITIES

2021 ◽  
Vol 117 (4) ◽  
pp. 4-16
Author(s):  
HONCHAROVA Yuliia ◽  
UDOVENKO Maksym
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Status ◽  
Multinational Enterprise ◽  
Transnational Corporations ◽  
Transnational Corporation ◽  
Legal Regulation ◽  
International Community ◽  
Special Focus ◽  
The Subject

Background. The legal status of TNCs in international law has become a separate topic of scientific discussions, which, among other things, concerned the influence of TNCs on the sovereignty of states. Digitalization, globalization and modern imperatives of formation of global value chains actualize the subject of relations between the international community and TNCs, which requires retrospective analysis, separation and substantiation of certain stages of formation of such relations. An analysis of recent research and publications has revealed that a comprehensive analysis of the evolution of international legal regulation of TNCs through the prism of the priorities of the international community has not been conducted, which determines the relevance of the study. The aim of the article is to analyze the genesis of the relationship between TNCs and the international community through the prism of the priorities of the international community at certain historical stages. Materials and methods. The normative basis of the study were UN documents, decisions of the UN International Court of Justice. The methodological basis of the study is general scientific and special legal methods of cognition. Results. The existing definitions of the terms «transnational corporation», «multinational enterprise», «multinational corporation», «global corporation», «group of multinational companies» in various documents of international law are considered. The genesis of the formation of international legal norms on the activities of transnational corporations is analyzed, the priorities of the international community in certain historical periods are highlighted. Key tasks for regulating the activities of transnational corporations are forecasted. Conclusion. The phenomenon of TNCs remains one of the imperatives in the development of international law and the subject of activity of international governmental and non-governmental organizations. It is established that the priorities of the international community are gradually changing in the direction of complexity - from the purely socio-economic situation in developing countries to the role of TNCs in achieving the Sustainable Development Goals, with special focus on protection of human rights in the activities of TNCs. Keywords: transnational corporation, human rights, United Nations, corporate responsibility.

Domestic Relationship Evidence in Queensland: An Analysis of a Misunderstood Provision

2019 ◽  
Vol 42 (2) ◽  
Author(s):  
Rebecca Campbell
Keyword(s):  
Domestic Violence ◽  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Sexual Assault ◽  
Violence Against Women ◽  
Physical Violence ◽  
Fair Trial ◽  
The Past ◽  
The Subject ◽  
The Law

Relationship evidence or evidence that reveals an individual’s propensity to engage in certain offences has been the subject of much discussion in the context of domestic violence. Our understanding and awareness of domestic violence has developed immensely over the past decade and we now understand that domestic violence encapsulates much more than just physical violence against women. We now acknowledge it extends to sexual assault and child sexual abuse. This article examines the current protections provided by the law to restrict the admission of relationship or context evidence in order to ensure an accused person receives a fair trial. It does so by considering the development of the law surrounding relationship evidence, particularly the introduction of s 132 of the Queensland Evidence Act 1977 in 1998. This article explores the application of s 132B and questions whether its aim to simplify the process for admitting relationship evidence has actually been realised.

scholarly journals International law and humanitarian intervention

2007 ◽  
Vol 59 (1) ◽  
pp. 5-48
Author(s):  
Sava Savic
Keyword(s):  
Moral Responsibility ◽  
International Relations ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
Humanitarian Intervention ◽  
International Community ◽  
United Nations Security Council ◽  
The Subject ◽  
The United Nations

Taking an action by the international community, individual states or their organizations with the aim of protecting citizens in some country from the tyranny of their own authorities has been defined as a humanitarian intervention. According to international law the use of power as an instrument in international relations is, however, prohibited and therefore, any approach to humanitarian intervention is stretched out between the challenges of moral responsibility and limitations of legislature. The subject of discussion in this article is the legislative aspect of humanitarian intervention by force. The research is focused on law and legitimating of humanitarian intervention by force without the United Nations Security Council approval. .

scholarly journals The issue of justification of application of the principle of self-determination of peoples by separatist formations in Ukraine

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Klymenko Kyrylo ◽  
Keyword(s):  
International Law ◽  
Ethnic Group ◽  
International Community ◽  
Self Determination ◽  
The People ◽  
Common Interests ◽  
The Subject ◽  
The Common ◽  
The Right

The article provides an analysis of the possibility of separatist formations in Ukraine to refer to the principle of self-determination of peoples as a justification for their activities. The minimum necessary criteria of legal bases for self-determination are considered, among which: the existence of effective connection of the subject of self-determination with a certain territory; the existence of the subject itself, i.e., the people (ethnic group), which claims self-determination; and the recognition by the international community of such a potential entity as the bearer of the right to self-determination. Regarding the connection with the territory, the doctrine of international law and practice recognizes the right to cultural and national self-determination in a particular territory for any ethnic group. This right is limited to the common interests of all the people of the state, which consists in the unconditional preservation of the inviolability and integrity of its territory. As for the existence of the subject of self-determination, the people is recognized as the historical community of people formed in a certain area and have stable features of the language, culture, and mental composition (mentality), as well as aware of their unity and difference from others through conscious self-name. At the same time, diasporas and migrants must be subject to the laws of the country of residence under the right of citizenship or the right of permanent residence. As for the recognition of the subject of self-determination by the international community, it may recognize as the people those who are under colonial rule, occupation by a foreign state, or against whom a policy of racism is pursued. Thus, international law does not protect separatist movements aimed at secession if they do not meet these criteria. This means that separatist formations in Ukraine do not have the right to secession but are terrorist organizations in terms of their methods of activity. Keywords: people, international recognition, right to self-determination, secession, territory

scholarly journals New criminal law responses of the Republic of Serbia to violence against women

Temida ◽  
2019 ◽  
Vol 22 (2) ◽  
pp. 169-187
Author(s):  
Sladjana Jovanovic
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Legal Framework ◽  
Council Of Europe ◽  
Penal Policy ◽  
Judicial Practice ◽  
The Subject ◽  
The Republic ◽  
Criminal Legislation ◽  
The Eu

The Republic of Serbia, within the framework of (intolerably) frequent amendments to the criminal legislation (often rooted in populist demands), has also improved its response to violence against women, which is the subject of this paper. In the first place, new criminal offences have been analyzed, as well as the more severe legislative penal policy, the main features of the Law on the Prevention of Domestic Violence, and the link between the legal framework and the judicial practice, in order to point out the existing shortcomings. The author concludes that changes in approaches are most often explained as necessity due to European integration, and harmonization with the EU law (in the field of protection of women from violence, for which the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence is of particular importance), so there is an impression that the changes are more formal, declarative and not well-thought-out.

scholarly journals THE NEW DEVELOPMENT OF SUBJECT OF INTERNATIONAL LAW

2017 ◽  
Vol 1 (1) ◽  
pp. 1-15
Author(s):  
Supardan Mansyur
Keyword(s):  
International Law ◽  
International Community ◽  
Conceptual Approach ◽  
Governmental Organization ◽  
Historical Approach ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
New Development ◽  
The Status ◽  
The Subject

Nowdays the status of subject of international law is one of the most controversies in international law, particularly in part of corporation (multinational entities) and non governmental organizations. Since the status of subject of international law gives entities rights and duties under international law, it is important to find out the new development in the subject of international law. The issue in this article is what is the new development on the establishment and recognition of subject of international law?. To solve the issue, this article using normative reseach with conceptual approach and historical approach. The conclusion withdrown is that The new development in the subject of international law is the debate on the establishment and recognition of corporations and Non Governmental Organization as subject of international law. The view that corporation and NGO should established as subject of international law is based on the important role those entities has played in international plane. However, regardless the important role they play, they can not considered as the subject of international law since the lack recognition from international community.

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