scholarly journals Substantive Conditions of Adoption Regarding the Adopting Person or Family

2021 ◽  
Vol 26 (2) ◽  
pp. 205-210
Author(s):  
Cristian-Sorin Stănciulescu ◽  
Paul-Augustin Puşcaş
Keyword(s):  
International Law ◽  
Common Sense ◽  
General Principle ◽  
Higher Order ◽  
The State ◽  
Point Of View ◽  
Social Phenomenon

Abstract This article analyzes the substantive conditions imposed by the Romanian legislator on persons wishing to adopt, the legal circumstances considered to be essential and indispensable for a person or a family to be able to adopt. From a historical point of view, the adoption has been permanently subject to conditions, imposed by the interests of the child without parental protection, of the state or of a logic common sense. The existence of conditions regarding the situation, attributes or aptitudes of the adopter does not contradict the general principle of non-discrimination, recognized and guaranteed by both national and international law. The regulation of restrictions on the possibility of adoption does not amount to discrimination against any citizen, as long as such restrictions or conditions are motivated by interests of a higher order than private ones and apply to all persons in a certain situation. Adoption is a complex social phenomenon due to the emotional implications on those involved in this process.

scholarly journals AESTHETIC IMPERMANENCE HERO STORY “КӨНЕ ЖҰРТ”

2021 ◽  
Vol 75 (1) ◽  
pp. 223-229
Author(s):  
R. Zhetibay ◽  
Keyword(s):  
The State ◽  
Point Of View ◽  
Social Phenomenon ◽  
Main Character ◽  
Inappropriate Use ◽  
Advantages And Disadvantages ◽  
Literary Process ◽  
Weak Points ◽  
Formal Point

This article analyzes in detail the story of Zhumeken Nazhimedenov “Көне жұрт”. The analysis of the story is carried out from the point of view of the author's concept, from the point of view of the artistic structure. In artistic details-inappropriate use. The path and shape type are determined. A psychoanalyst is created for the main character. We also analyzed the manifestations of psychoanalysis in the modern literary process. It is analyzed from a meaningful and formal point of view, and an overview of the artistic world is given. Weak points of plot connections are shown. On the basis of Sigmund Freud's philosophical platform "vision of color", a psychoanalyst of the hero is created. The significance of the article lies in the analysis of the artistic structure of Zhumeken's stories, which were not analyzed in the prose of past eras. Defining ways to create the main character, comparing the advantages and disadvantages of stories from that period. To reveal the essence of the aesthetics of helplessness through a thorough analysis of the state of the soul and mind, the hero's exit from the psychological category into a duel of consciousness with paradoxical events. In a social phenomenon, an action that carries consciousness is a demonstration that the brutal treatment of the hero, who was left in the captivity of powerlessness, led the main character to the aesthetics of helplessness.

Dimensi Penanganan dalam Kasus Pengungsi Internasional; Teori dan Praktik

2019 ◽  
Vol 4 (7) ◽  
Author(s):  
Yanyan M Yani ◽  
Zulkarnain Zulkarnain
Keyword(s):  
Common Sense ◽  
International System ◽  
Treatment Options ◽  
The State ◽  
Point Of View ◽  
Human Beings ◽  
Social Community ◽  
State Management ◽  
Fundamental Reason ◽  
International Refugee Law

<p>Dealing with international refugees is actually a responsibility of the State and the global social community. It does not depend on whether the country concerned has ratified the 1951 refugee or not. Why, because the issue of international refugees is a matter of humanitarian universalism, including human rights. Therefore there is no fundamental reason for the State to ignore it. Isn't the state as well as a political unit that lives, grows and develops as a living creature. International refugees should be seen as an international system organ that contributes to the maturation of the State. Humanity values cannot be separated from the dimensions of State management. Emmanuel Kant said that human beings in essence have a behavior that respects and cares for each other. This kind of behavior makes a person called a human being. Likewise, the State, the State is an instrument managed by a number of people and of course based on common sense. For this reason, the action of handling refugees is something that is based on common sense. Treatment options may be chosen based on rules that are in accordance with international refugee law, however, they are not limited in nature, but may also be based on creativity in accordance with what develops in the field. The important thing is not contrary to the humanity's point of view.</p><p> </p><p>Keywords: Handling of Refugees, International Refugees, Protection, Humanity.</p>

scholarly journals Intrusion of international law into the national legal system

2021 ◽  
Vol 5 (1) ◽  
pp. 40-57
Author(s):  
V. F. Anisimov ◽  
Yu. V. Truntsevskiy
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Legal System ◽  
The State ◽  
Point Of View ◽  
Legal Systems ◽  
Foreign Law ◽  
National Legal System ◽  
International Obligations ◽  
The Law

The subject of the research is the peculiarities of the implementation of international law in national legal systems, the law enforcement practice of the implementation of international legal obligations of the state, doctrinal approaches to the interaction of the norms of international and domestic law. The purpose of the article is to confirm or disprove the hypothesis that the limits, forms and methods of the ex-ante intrusion of international law into the national legal system are determined not only as a result of the agreed will of States, but also against such will, under the influence of the interests of individual States or their political blocs that occupy a dominant position in an international organization. Methodology. The authors use such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods. The main results. The forms and methods of intrusion of international law into the legal systems are diversified. International law is not limited to interstate relations. Global processes require the development of new scientific approaches to understanding the processes of intrusion of international law into the legal systems of States. These processes require the study of the forms and methods of the impact of international law and international institutions on the national legal order. States are sometimes forced to implement measures developed in the international implementation mechanism (due to the need for international financial assistance as well as the inability to single-handedly defeat internal corruption, create a favorable international image, etc.). The international legal invasion exist already ex – post through the decisions of international judicial bodies or the assertive recommendations of international organizations. Their demands are made not just to comply with international obligations, but to change national legislation. The implementation of the norms of international law in national legal systems should be carried out at the domestic level just as much as it is necessary to fulfill these international obligations. The law enforcement practice in the state is based solely on national principles of law, and it is unacceptable to comply with the requirements from the outside to change them from the point of view of the independence of the state. It is the exclusive right of each State to determine the content of acts of interpretation of international bodies in relation to the decisions and actions of specific States from the point of view of their national interests. We prove that every state has the important right to determine the limits of the invasion of international law in their national legal system: the contents of implementing legislation; the completeness of implementation of the decisions and recommendations of international bodies and courts; the recognition of the extraterritorial validity of foreign law and forms of its implementation. Conclusions. The fundamental principle of international law- pacta sunt servanda – is transforming into a practical imperative – national legislation must change. This is due to the recognition of the jurisdiction of international judicial bodies. This is due to the extraterritorial effect of foreign law; it is connected with the transnational character of the law of international integration entities. This is due to the inability of individual States to resist exponential corruption. The continuous nature of the intrusion of international law into national legal systems is reflected in the various methods of such interference. The article proves the importance of each state having the right to independently determine the limits of the intrusion of international law into their national legal system.

scholarly journals ONE BELT ONE ROAD FROM THE GEOPOLITICAL POINT OF VIEW

Globus ◽  
2020 ◽  
Author(s):  
Cheng Guo ◽  
Yin Qun
Keyword(s):  
Common Sense ◽  
The State ◽  
Point Of View ◽  
Rising Powers ◽  
Power And Control ◽  
One Belt One Road ◽  
Historical Analogy ◽  
The Common ◽  
Cognitive Foundations ◽  
And Control

Western geopolitical studies have evolved over a hundred years, forming a systematic and authoritative classical geopolitical theory, providing a set of thought models and epistemological frameworks related to geopolitics, that is, "Western geopolitical imagination." Affected by this, contemporary western geopolitical elites will have two kinds of habitual thinking when interpreting China’s “OBOR” Initiative: the first is the historical analogy, by comparing China with the rising powers in history; the second is the common sense, by imagining that China will imitate itself pursuit of expansion and hegemony. This article critiques the cognitive foundations of traditional western geopolitical theories, and points out that neither the “OBOR” Initiative pursues power and control, nor follow the “state-centrism” path, nor take the perspective of the “dichotomy” of land and sea confrontation. It is an attempt to transcend traditional geopolitical thinking.

scholarly journals Are There Any Inherently Public Functions for International Law?

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 302-306
Author(s):  
Eyal Benvenisti
Keyword(s):  
International Law ◽  
Global Governance ◽  
International Organizations ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Self Determination ◽  
Human Right ◽  
Private Actors

In “Are There ‘Inherently Sovereign Functions’ in International Law?”, Frédéric Mégret provides a deeply insightful reflection on “the essence of the state” from the point of view of international law, outlining a theory about the inherently sovereign functions in international law. He carefully identifies existing norms of international law that articulate certain public functions to be performed solely by the state rather than delegating them to private actors. Mégret offers functional and intrinsic rationales, suggesting that individuals have a right to benefit from certain public functions exercised by state authority, such as legislation and adjudication, what perhaps could be termed “the human right to the state.” In this essay, I suggest that it is indeed possible to derive such demands from the requirements of stable and sustainable governance that are embedded in the concept of sovereign responsibility, as well as from the rights associated with democracy and self-determination. I further argue that Mégret's inquiry can and must be extended also to explore the other side of the coin: the role of international law in facilitating (and possibly limiting) the delegation of public authority to unaccountable international organizations and other global governance bodies.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

ANALYSIS OF MEASURES TO REDUCE ECOLOGICAL AND ECONOMIC DAMAGE FROM AUTOMOBILE TRANSPORT

2020 ◽  
Author(s):  
V.N. Kurdyukov ◽  
◽  
T.V. Lebedeva ◽  
Keyword(s):  
Resource Allocation ◽  
Negative Impact ◽  
The State ◽  
Point Of View ◽  
Motor Vehicles ◽  
Economic Damage ◽  
Agriculture Education

The article considers common classifications of measures to reduce environmentaleconomic damage from motor vehicles. Classification from the point of view of control impact is proposed, which allows to take into account relations between the state and citizens in the field of reduction of negative impact of motor vehicles on the environment. The analysis of the classification made it possible to identify areas of activity for improving the efficiency of management impacts, taking into account the incentives of citizens to comply with the requirements of the legislation and to create conditions for their exceeding. Increasing the efficiency of resource allocation in the Territory will allow the released funds to be allocated to the development of industry, agriculture, education and science.

Russian Parliamentarism Party Model

2018 ◽  
Vol 42 ◽  
pp. 245-255
Author(s):  
Rostislav F. Turovsky
Keyword(s):  
The State ◽  
Point Of View ◽  
Soviet Period ◽  
Political Situation ◽  
Managerial Positions ◽  
Post Soviet Period

The article is devoted to the study of the party model of Russian parliamentarism in post-soviet period. The focus is on the issues of party representation and its correlation with the distribution of the managerial positions and introduction of collective legislation at State Duma. These issues are examined from the point of view of reaching cross-party consensus and implementation of fair parliament party representation principle. According to the author Russian parliamentarism model aims at reaching full-fledged party consensus that corresponds better to the principles of popular representation than strict parliament polarization along the line of “authority-opposition”. Understanding of those issues by the majority of the players was noted from the very start of the State Duma activities, in spite of the acute conflicts in the 1990-ies.The author draws the conclusion that the equation of party representation continues to grow at the level of managerial positions in the parliament that allows to improve cooperation of the parties and to reduce authority and opposition conflicts. Thereby the Russian parliamentarism model makes an important contribution to the stabilization of socio-political situation of the country.

The position of the State in the international system from the perspective of major schools of thought in international relations

2019 ◽  
pp. 79
Author(s):  
Salah Hassan Mohammed ◽  
Mahaa Ahmed Al-Mawla
Keyword(s):  
International Relations ◽  
International Politics ◽  
International System ◽  
International Order ◽  
The State ◽  
Point Of View ◽  
The Status ◽  
Future Vision

The Study is based on the state as one of the main pillars in international politics. In additions, it tackles its position in the international order from the major schools perspectives in international relations, Especially, these schools differ in the status and priorities of the state according to its priorities, also, each scholar has a different point of view. The research is dedicated to providing a future vision of the state's position in the international order in which based on the vision of the major schools in international relations.

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