scholarly journals Man, his security as a value in the spectrum of public power

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Vasyl Omelchuk ◽  
Oleksandr Kalinichenko ◽  
Inna Naida ◽  
Mykola Romanov ◽  
Tetiana Havrylenko
Keyword(s):  
Human Rights ◽  
Social Value ◽  
Christian Faith ◽  
Legal Analysis ◽  
Public Power ◽  
The Past ◽  
A Value ◽  
Human Value ◽  
The Subject ◽  
Historical Origins

Recognition of a person, his life, health, honor, dignity, inviolability and security as the highest social value, as a key principle of the Constitution of Ukraine and its implementation in the spectrum of public authority is the subject of in-depth theoretical and legal analysis. Historical origins of modern perception of human value. reaching the depths of the birth of the Christian faith, revolutionary events in the European space of the past, world wars, the adoption of the UN Universal Declaration of Human Rights are reflected in many constitutions of states, including modern Ukraine. At the same time, certain problems are obvious in this area, including: differences in the perception of the content of human rights in Western and Eastern civilizations, Christian and Muslim beliefs, diverse constitutional declaration and further legislative implementation, the separation of new human rights is increasingly attracting the attention of scholars and practitioners. Some of these problems have been the subject of research.

Does the Injunction Gap Violate Implementers’ Fair Trial Rights Under the ECHR?

2020 ◽  
Author(s):  
Léon E Dijkman
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
European Convention ◽  
The Past ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Federal Supreme ◽  
Validity Of A Patent

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.

scholarly journals Good offices: grasping the place of law in conflict

Legal Studies ◽  
2014 ◽  
Vol 34 (3) ◽  
pp. 469-496 ◽  
Author(s):  
Aoife O'Donoghue
Keyword(s):  
International Law ◽  
Past Century ◽  
Legal Analysis ◽  
International Organisations ◽  
The Past ◽  
The Pacific ◽  
The Subject ◽  
Definition Of ◽  
Settlement Of Disputes ◽  
Violent Conflicts

In the pantheon of approaches open to participants in the pacific settlement of disputes, good offices holds a noteworthy place. The evolution of good offices over the past century is concurrent with a trend of considerable transformation within international law, including – amongst other changes – a move away from a state-led legal order, including in good offices following the emergence of the heads of international organisations as its prime users, and a process of legalisation and specialisation within the subject that has entirely altered its character. These changes have led to a redefinition of good offices that stresses the actor carrying out the role above the form that it takes. To accompany these changes in practice, there is a need for a transformation in the legal analysis and definition of good offices. One potential option in achieving this end is Bell'slex pacificatoria. If good offices is to continue to play a significant role in the settlement of violent conflicts, a fully developed legal analysis is necessary to grasp both its historical development and its potential future role.

Homeostatic response of Aptian gymnosperms to changes in atmospheric CO2 concentrations

Geology ◽  
2021 ◽  
Author(s):  
Germán Mora ◽  
Ana M. Carmo ◽  
William Elliott
Keyword(s):  
Stomatal Closure ◽  
Carbon Assimilation ◽  
Atmospheric Co2 ◽  
The Past ◽  
A Value ◽  
Co2 Concentrations ◽  
Bulk Organic Matter ◽  
The Subject ◽  
Atmospheric Co2 Concentrations ◽  
Homeostatic Response

The sensitivity of plant carbon isotope fractionation (13Δleaf) to changes in atmospheric CO2 concentrations (Ca) is the subject of heavy debate, with some studies finding no sensitivity, while others show a strong dependency. We tested the hypothesis of photosynthetic homeostasis by using δ13C of n-alkanes, cuticles, and bulk organic matter of gymnosperm-rich rocks (Arundel Clay) from two sites deposited during the Aptian, a time that experienced significant Ca variations. Our results show no effect of Ca on 13Δleaf, and a relatively constant Ci/Ca (0.64 ± 0.04, 1σ; i—intercellular space), a value that is similar to that of modern gymnosperms. These results suggest that Aptian gymnosperms used homeostatic adjustments with rising Ca, probably involving increased carbon assimilation and/or stomatal closure, a response also found in modern gymnosperms. The similarity between Aptian and modern gymnosperms suggests that the processes responsible for regulating CO2 and water vapor exchange during photosynthesis have remained unaltered in gymnosperms for the past 128 m.y.

scholarly journals On the measurement of the dielectric constants of liquids, with a determination of the dielectric constant of benzene

1929 ◽  
Vol 123 (792) ◽  
pp. 664-685 ◽  
Keyword(s):  
Dielectric Constant ◽  
Physical Properties ◽  
Dielectric Constants ◽  
Experimental Conditions ◽  
The Past ◽  
A Value ◽  
The Subject ◽  
Important Indication

It has long been recognised that the dielectric constant of a substance gives an important indication of its constitution, and the classical papers of Nernst and Drude giving methods for the determination of dielectric constants, have been followed by a long series of papers giving the dielectric constants of several hundreds of pure liquids and solutions. Since the publication of Debye’s dipole theory in 1912, the literature of the subject has become even more voluminous than before. In surveying the mass of data one is struck by the very large discrepancies which exist in the values obtained by different observers for any one substance, and it is very difficult to decide whether they are due to the difficulty of pre­paring and purifying the substance, differences in experimental conditions such as frequency of the applied E. M. F., or errors in the methods of measure­ment. In order to make it possible to compare the results of different observers, and to provide a fundamental basis for new measurements, it is important that the value of at least one standard liquid should be known with unquestion­able accuracy. The object of the present investigation was to provide such a value. Benzene was chosen as the standard liquid since it has been very widely used in the past, and it is used as a standard in the measurement of other physical properties.

scholarly journals Current issues of decriminalization of goods smuggling considering the nature of the criminal offense

2020 ◽  
pp. 95-100
Author(s):  
A.O. Puhach ◽  
M.A. Rubashchenko
Keyword(s):  
Human Rights ◽  
Criminal Code ◽  
Cultural Property ◽  
Current Version ◽  
Criminal Offense ◽  
The Past ◽  
European Court ◽  
Previous Edition ◽  
The Subject ◽  
Direct Target

The article is devoted to the investigation of the subject of crime under Article 201 of the Criminal Code of Ukraine, its amendment and their analysis. In particular, the subject of the crime was considered in the wording of the article, which was in force until January 17, 2012, and the sanction provided for in the article for committing the crime. The principal and direct target of smuggling in the past and current versions were considered and questions were raised as to the appropriateness of locating the crime with items such as cultural property, poisonous, potent, explosive substances, radioactive materials, weapons or ammunition (except for shotguns or ammunition) , parts of firearms, special technical means of silent obtaining information among those generic object who are called to defense relationship that provides business activity. The author has demonstrated why this issue did not arise in the previous version. In addition, a comparison of the decriminalized "goods smuggling" with its current version was considered with the articles of the Customs Code, which now provide for liability for "goods" smuggling, in particular - with the sanction of the article intended for committing an offense. In order to understand why the humanization of the act committed did not take place, despite the fact that the former crime was a customs offense, the nature of the criminal offense, developed in the practice of the European Court of Human Rights, whose decisions are recognized as a source of law in Ukraine, was analyzed. Particularly, attention was drawn to the Court's findings in case of Engel and Others v. The Netherlands, where the criteria for attributing the offense to criminal were elaborated. In addition, the case of Nadtochiy v. Ukraine was analyzed, in which the European Court of Human Rights founds out that the custom legislation of Ukraine contained a criminal offense by its nature It is analyzed sanction provided by the Customs Code through the prism of these criteria, it was concluded that the sanctions did not change. The author explores bill of returning goods in significant, large and particularly large amounts to the object of the Smuggling crime with the previous edition of this article, and the conclusion was drawn.

State Crimes of Previous Regimes: Knowledge, Accountability, and the Policing of the Past

1995 ◽  
Vol 20 (01) ◽  
pp. 7-50 ◽  
Author(s):  
Stanley Cohen
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Latin America ◽  
Social Control ◽  
Criminal Law ◽  
Human Rights Violations ◽  
Social Reconstruction ◽  
The Past ◽  
The Subject

The policy of lustration is set in the context of responses to abuses of power by previous regimes. Using examples from three recent forms of social reconstruction (in Latin America, the former communist states, and South Africa), the author reviews the “justice in transition” debate. How do societies going through democratization confront the human rights violations committed by the previous regime? Five aspects of this debate are reviewed: (1) truth: establishing and confronting the knowledge of what happened in the past; (2) justice: making offenders accountable for their past violations through three possible methods: punishment through the criminal law, compensation and restitution, and mass disqualification such as lustration; (3) impunity: giving amnesty to previous offenders; (4) expiation; and (5) reconciliation and reconstruction. A concluding discussion raises the implications of the subject for the study of time and social control.

Lytton Strachey's Conception of Biography

PMLA ◽  
1951 ◽  
Vol 66 (4) ◽  
pp. 295-315
Author(s):  
Charles Richard Sanders
Keyword(s):  
Human Beings ◽  
Ordinary People ◽  
The Past ◽  
A Value ◽  
Starting Point ◽  
The Gift ◽  
The Subject ◽  
The One ◽  
Point Of Reference ◽  
Individual Human

Human beings are too important to be treated as mere symptoms of the past. They have a value which is independent of any temporal processes—which is eternal, and must be felt for its own sake.“ These two sentences, embedded in the well-known Preface to Eminent Victorians, must always be the starting point and a constant point of reference in any discussion of Strachey's conception of biography. The basis of all good biography must be, he firmly held, the humanistic respect for men—men in their separateness as distinct from lower creatures and in their separateness apart from economical, political, ethical, and religious theories; men in their separateness as distinct from one another, men as individuals, various, living, free. It has been well said that Strachey wrote with ”a glowing conviction that character is the one thing that counts in life“ and with a realization that individual human beings, however simple they may appear, are enigmatical, complex, and compact of contending elements. Each person carries his secret within him, and the biographer is one who has the gift for discerning what it is. Hence individual human beings are not only highly important; they are also highly interesting. The puzzle which the biographer has to solve in dealing with ordinary people is fascinating enough; but when the subject is a great man, the biographer works with his problem in an atmosphere of intense excitement, for about all great men there is something wondrous and incredible.

scholarly journals Use and Application of Firearms by the Police in the Light of Human Rights Standards in Poland

2020 ◽  
pp. 363-378
Author(s):  
Włodzimierz Fehler
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Statistical Data ◽  
Legal Regulations ◽  
Legal Analysis ◽  
Law Enforcement Officials ◽  
The Subject ◽  
Human Rights Standards ◽  
General Frames ◽  
Descriptive Method

The article is devoted to the assessment of the rules, possibilities and manners of using and applying firearms by the Police in terms of compliance with human rights. The first part of the study contains analyses focusing on general frames for the use and application of firearms and circumstances giving premises for the use or application of these arms. In the next section, the discussion covers the conduct of law enforcement officials preceding the use of firearms and refers to the question of the so-called special use of firearms. The content of the final part of the article covers mechanisms preventing abuse regarding the use and application of firearms and procedures for situations of breaching legal regulations for the use of such arms. The article closes with the summary where, based on the analyses of existing solutions and available statistical data, a conclusion is made that the Police exercise proper caution so as to ensure the observance of human rights in relation to holding legislative power to use and apply firearms. The key methods applied while preparing this article were the legal analysis and the institutional analysis. In the alternative, a descriptive method with the application of the critical analysis of the literature on the subject was also employed.

scholarly journals KAZNA DOŽIVOTNOG ZATVORA U EVROPSKOM SISTEMU ZA ZAŠTITU LJUDSKIH PRAVA

2021 ◽  
Vol 59 (1) ◽  
pp. 159-171
Author(s):  
Nezir Pivić ◽  
Lejla Zilić-Čurić
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Research Paper ◽  
European Convention ◽  
Legal Analysis ◽  
Life Imprisonment ◽  
Human Right ◽  
Legal Standards ◽  
European Court ◽  
The Subject

Sentencing to life imprisonment is not in contrast with human rights issued in European Convention for the protection of Human Rights and Fundamental Freedoms. However, the sentenced imposed to life imprisonment and system to of its execution must meet certain standards to be compatible with requirements stated in Article 3 of European Convention. The subject of our research paper are mentioned standards that Contracting States have to respect in terms of enforcing the sentence of life imprisonment. Introduction to the subject of the research is given in the form of penological review of life imprisonment as well as review of internationally established legal standards under the umbrella of the United Nations and the Council of Europe that relate to sentencing and enforcement of life imprisonment. In focus of this research paper is case law of the European Court of Human Rights that refer to life imprisonment. In that context, the focus of this research paper deals with the issue of the relationship between life imprisonment and prohibition of torture as human right that is absolutely protected and the issue of the Contracting States’s margin in appreciation in prescribing the form and conditions of revision of the sentence. The intention of the authors is focused on the legal analysis of Strasbourg case law on issue of compatibility of life imprisonment with the requirements of the Article 3 of the European Convention and to present the standards generated by Strasbourg case law regarding the implementation and mechanism of revision of life imprisonment.

Closing Ports of Safety: A Legitimate Strategy of Migration Control?

2019 ◽  
Vol 3 (1) ◽  
pp. 111-127
Author(s):  
Lena Riemer
Keyword(s):  
Human Rights ◽  
International Law ◽  
European Convention ◽  
The European Union ◽  
Public Power ◽  
The Past ◽  
Novel Approach ◽  
European Court ◽  
Migration Control ◽  
The Individual

In the past decades, the European Union and its member states have increasingly relied on externalization and non-arrival strategies for migration control. One of the latest developments is the decision by Malta and Italy to unilaterally close their ports to vessels carrying migrants rescued at sea. The article examines the conformity of such practices with the international law of the sea and focuses especially on the customary port of safety principle. It also addresses the applicability of the European Convention on Human Rights in cases where the rejected vessels have not entered the territory of a member state. The paper provides a novel approach for the establishment of the European Court of Human Rights’ jurisdiction in such cases of extraterritorial migration control, arguing that the jurisdiction could be founded on the imputable-public-power-test. Based on the analysis of potential violations of rights guaranteed by the Convention and its Protocols, the respective practices may, depending on the individual cases, violate the non-refoulement principle and/or the prohibition of collective expulsion.

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