scholarly journals Irregular Migration and Its Impact on Refugee Rights

2020 ◽  
Vol 9 (2) ◽  
pp. 263
Author(s):  
Neamat M. S. Mohammed
Keyword(s):  
General Concept ◽  
Negative Consequences ◽  
Legal Basis ◽  
Irregular Migration ◽  
Refugee Status ◽  
Legal Concept ◽  
The Status ◽  
Irregular Migrant ◽  
Definition Of ◽  
The Right

Migration is linked to its general concept and is closely related to the right of the person to freedom of movement and choice of residence inside the borders of each state and the right to leave any country and return to it, including the state. Human migratory movements have become more complex and have taken various forms and means. At the same time, successive waves of refugee movements and their attempts to reach a safe haven away from the dangers that forced them to leave their countries and seek asylum. For this reason, international attention has been growing by international organizations and countries in following up the problems of irregular migration and confronting the negative consequences of it. The literature of the United Nations, in particular, organizations working in this regard and countries have adopted the term irregular migration because of its characters. Addressing the problem of irregular migration with specific rules and clear international mechanisms contributes significantly to the protection of refugees and the promotion of their rights in transit countries or in the countries of destination in which they will settle, and to clarify it’s essential and important role in this regard with the provisions of the international conventions and declarations guaranteeing human rights and protecting them in such cases. In order to clarify such issues, we have chosen to explore the subject in three sections: The first deals with the legal concept of immigration, the legal basis for its treatment and the rights enjoyed by the irregular migrant; The second section deals with the definition of asylum and its legal basis and the rights enjoyed by refugees in order to reach the most important aspects of discrimination between them; In the third section to prevent confusion between the status of migrants and refugee status, the effects of irregular migration on the asylum and refugee system and the international treatment of irregular migration and its impact on refugee rights.

scholarly journals The Institute of Guardianship in Muslim Family Law in the Early Middle Ages

2018 ◽  
pp. 29-36
Author(s):  
M. O. Dadashev
Keyword(s):  
Property Rights ◽  
Middle Ages ◽  
Family Law ◽  
Financial Economic ◽  
Early Middle Ages ◽  
Rights Of The Child ◽  
The Status ◽  
Definition Of ◽  
The Right ◽  
Muslim Family

The article deals with the rights of the child and parents in the Muslim family law of the early Middle Ages and its formation in the 8th-10th centuries. The key rights of the child were determined and explained: the right to life, the right to naming, the right to nafaka-the right to financial support-the right to the awareness of his or her genealogy, the right to breastfeeding and the right to up-bringing (al-hidana). In addition, the article provides for the following classifications of the rights in question: basic, financial-economic, religious-ethical. Also, the author considers the issue of prohibition of adoption and gives the definition of an orphan (jatim) under Muslim family law, elucidates peculiarities of the status of orphans, the mechanism for protecting property rights of orphans, rights and duties of guardians with respect of orphans and their property, powers of the kadia (judge) regarding the issue of protecting the rights of orphans, types of guardianship. The reasons and procedure for deprivation of guardianship are also examined. In addition, the author considers parental property rights regarding children.

scholarly journals The door behind the bamboo curtain - Chinese law and policy on refugee status

2021 ◽  
Author(s):  
◽  
Lili Song
Keyword(s):  
Large Scale ◽  
Chinese Government ◽  
Policy And Practice ◽  
Refugee Status ◽  
Chinese Law ◽  
Legal Provisions ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
Definition Of

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers.  China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention.  In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention.  China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework.  In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>

scholarly journals The door behind the bamboo curtain - Chinese law and policy on refugee status

2021 ◽  
Author(s):  
◽  
Lili Song
Keyword(s):  
Large Scale ◽  
Chinese Government ◽  
Policy And Practice ◽  
Refugee Status ◽  
Chinese Law ◽  
Legal Provisions ◽  
Law And Policy ◽  
High Commissioner ◽  
The Status ◽  
Definition Of

<p>This thesis systematically considers the law and policy on refugee status in the People’s Republic of China. It considers relevant Chinese legal provisions, applicable bilateral and multinational treaties, as well as China’s refugee policy and practice. It also presents and analyses first-hand information collected through interviews with refugees and aid workers.  China is an emerging destination of refugees and other displaced foreigners. Although China is a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, Chinese law contains no provisions governing the definition of a refugee or the determination of refugee status. Further, there is a gap between the criteria for asylum in the 1982 Chinese Constitution and the criteria for refugee status in the 1951 Convention.  In practice, although the Chinese government has generally allowed the United Nations High Commissioner for Refugees to process individual applications for refugee status, the Chinese government has practically performed the function of refugee status determination in large-scale influx situations through policy decisions. In these situations, the security, political, and strategic interests of China have often overshadowed China’s commitment under the 1951 Convention.  China has been cautious about recognising refugees on its territory. However, the Chinese government has clearly demonstrated a growing interest in addressing the issue of refugee recognition within a more formalised framework.  In conclusion, this thesis recommends that China adopt a legal refugee definition in line with the 1951 Convention relating to the Status of Refugees and develop a predictable and fair national RSD mechanism.</p>

22. Breach of Contract and Termination

Contract Law ◽  
2018 ◽  
Author(s):  
Ewan McKendrick
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
Vienna Convention ◽  
European Contract ◽  
Breach Of Contract ◽  
Anticipatory Breach ◽  
The Status ◽  
Anticipatory Breach Of Contract ◽  
Definition Of ◽  
The Right

This chapter begins with a definition of ‘breach of contract’ and then outlines the circumstances in which a breach of contract gives to the innocent party a right to terminate further performance of the contract. These include breach of a condition and breach of an intermediate term where the consequences of the breach are sufficiently serious. The chapter also considers the problems that can arise in deciding the status of a term which has not been classified by the parties as a condition, a warranty, or an intermediate term. It examines termination clauses and the significance attached to the good faith of the party who is alleged to have repudiated the contract. The chapter includes a brief comparison of English law with the Vienna Convention and with the Principles of European Contract Law, and also addresses the question of whether an innocent party is obligated to exercise its right to terminate further performance of the contract, and considers the loss of the right to terminate. It concludes with a discussion of the law of anticipatory breach of contract.

scholarly journals The right of minority-refugees to preserve their cultural identity: An intersectional analysis

2021 ◽  
Vol 39 (3) ◽  
pp. 198-219
Author(s):  
Stephanie Eleanor Berry ◽  
Isilay Taban
Keyword(s):  
Cultural Identity ◽  
Current Practice ◽  
Minority Status ◽  
Host Society ◽  
Negative Consequences ◽  
Social Categories ◽  
Refugee Status ◽  
Address Forms ◽  
The Right ◽  
The Impact

While UN treaty bodies have sought to address forms of oppression resulting from the intersection of gender, race and/or disability through their practice, they rarely recognise the experience of groups at the intersection of other social categories. This article uses the lens of intersectionality to analyse the practice of UN treaty bodies in relation to the intersection of minority and refugee status. We argue that while minority-refugees have fled persecution connected to their minority status, UN treaty bodies have failed to appreciate the impact of their location at the intersection of persons belonging to minorities and refugees in host States on their right to preserve their cultural identity. By failing to address the distinct experience of minority-refugees, UN treaty bodies risk participating in their oppression. Further, we reveal that current practice not only has potentially negative consequences for minority-refugees – as both individuals and groups – and for the host society but may even undermine the ability of IHRL to achieve its overarching objectives.

Szasz’s legacy and current challenges in psychiatry

Thomas Szasz ◽  
2019 ◽  
pp. 256-271
Author(s):  
Thomas Schramme
Keyword(s):  
Autism Spectrum Disorder ◽  
Mental Illness ◽  
Autism Spectrum ◽  
General Concept ◽  
Identity Crisis ◽  
Dsm 5 ◽  
Recent Developments ◽  
Harm To Others ◽  
Definition Of ◽  
The Right

Szasz’s legacy involves two issues in current psychiatry: First, he criticized the concept of mental illness. The DSM-5 debate shows that psychiatry still suffers from unresolved conceptual problems. The definition of the general concept of mental disorder remains unclear. Specific classificatory entities (e.g., autism spectrum disorder) are notoriously contested. Second, he criticized coercive psychiatric practice. Recent developments suggest an ongoing identity crisis of psychiatry as a medical institution. Psychiatry’s tasks are partly related to societal interests (e.g., dealing with dangerous persons). Two psychiatric forms of intervention are therapeutic coercion and compulsion to prevent harm to others. Whether the latter can be squared with therapeutic purposes is unclear. To justify paternalistic interventions such as therapeutic coercion is difficult. Hence, there is enormous pressure on psychiatry’s medical identity. Szasz asked the right questions, not necessarily providing the most convincing answers. Psychiatry would benefit from a thorough, less prejudiced assessment of his publications.

scholarly journals Aharon Barak’s Concept of Human Dignity and the Notion of Dignity in Jurisprudence of Polish Constitutional Court

2021 ◽  
pp. 202-212
Author(s):  
Piotr Szymaniec
Keyword(s):  
Human Dignity ◽  
Constitutional Theory ◽  
Constitutional Court ◽  
Legal Systems ◽  
Legal Concept ◽  
Central European ◽  
Broad Category ◽  
The Status ◽  
The Right ◽  
Right To Dignity

Israeli scholar and judge, Aharon Barak rejects the position that dignity is an axiomatic, universal concept. Moreover, he is in favor of “spacious” understanding of the right to dignity, making it a vast and broad category. The aim of the paper is to examine whether the concept of dignity presented by Barak is useful to understand the approach to human dignity as a legal concept in those Central European legal systems which have been influenced by German constitutional theory. In that regard the jurisprudence of Polish Constitutional Court is examined. The author is not fully convinced by Barak’s approach to dignity.  The conclusion is drawn, however, that Barak is right when claiming that the status of an absolute right granted to the right to dignity means also that its scope is defined in a restrictive way.

scholarly journals Restorative and productive methods of environmental management in the implementation of environmental policy

2021 ◽  
Vol 39 (71) ◽  
pp. 871-883
Author(s):  
Viktoriia Nekhai ◽  
Svetlana Nesterenko ◽  
Oksana Marchenko ◽  
Svetlana Suprunenko ◽  
Tеtіana Khrystova
Keyword(s):  
Environmental Management ◽  
Environmental Policy ◽  
Empirical Method ◽  
Ecological Management ◽  
Negative Consequences ◽  
Industrial Enterprises ◽  
Environmental Objectives ◽  
The Status ◽  
Environmental Measures ◽  
Definition Of

The objective of this work is to define and base the principles of environmental management through the introduction of regenerative (restorative) and productive methods of environmental policy. The problems were solved with the help of such general and special research methods, such as generalization, systematization, analysis, synthesis, and the empirical method. It is argued that the operation of industrial enterprises without a balanced set of appropriate environmental measures always has negative consequences. The formation of environmental awareness of entrepreneurs, assigning to environmental management the status of a mandatory component of the policy to achieve regional environmental objectives, requires greater attention and effective methodological developments. The strategic directions of ecological development of one of the regions of Ukraine are indicated. The essence of the concept of "environmental management" is defined. The definition of "regenerative method of ecological management" and "productive method of ecological management" is offered. In conclusion, scientific ideas on the feasibility of implementing environmental management in companies are presented. The need for ecological measures for the implementation of ecological policy is based.

scholarly journals Problematics of the Content of "Labor" Сonstitution Сategory

2021 ◽  
pp. 20-24
Author(s):  
Anna Kanakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
High Quality ◽  
The Status ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article discusses the constitutional category of «labour», the definition of which is not enshrined in legislative acts because it is considered to be a well-known category, which is not a special legal one and does not require any clarification. However, this approach creates difficulties for legal regulation, as it blurs the boundaries for the legislator and the executor. Lack of awareness of the concept of a regulated category can lead to a situation when the legislator, creating a new law or making amendments to an existing one, will subject to regulation the area that does not pertain to the relevant legal phenomenon, or vice versa - will ignore part of the content of the regulated category, which is certain to negatively affect the quality of legal regulation. Law enforcement practices similarly face difficulties in having only doctrinal understandings of statutory concepts, which creates inconsistency in decisions made by lawyers in course of their professional work. The 1993 Constitution of the Russian Federation enshrined the category of «labour» in a number of articles, but did not clarify the interpretation of its concept. The analysis of economic and legal views on labor allows us to conclude that, despite the status of a well-known category, which, it would seem, does not need an explanation, only the presence of clear criteria for recognizing an activity as labor, provides high-quality legal regulation, in particular, it allows not only to separate the types of activities that are not subject to legal regulation, but also to choose the right branch of law that regulates social relations in each particular case.

CHARACTERISTICS OF THE REAL LEGAL BASIS FOR THE OWNERSHIP AND USE OF HOUSING

2021 ◽  
Vol 6 (6) ◽  
pp. 30
Author(s):  
Mukhayo Ashurova ◽  
Keyword(s):  
Family Members ◽  
Clear Definition ◽  
Legal Basis ◽  
The Real ◽  
Home Owner ◽  
Legal Structure ◽  
The Family ◽  
Definition Of ◽  
The Right

The right to own and use housing primarily belongs to the owner and his family members. When exercising their right to housing, the owner and his family members interact within the limits of their powers established by law. At the same time, when realizing the rights of these subjects to housing,there are certain legal constructions. If the owner exercises the right to own and use the house in accordance with thestructure of the ownership right, then the family members of the owner and other persons entitled to reside in the house have the right to usufruct. A usufruct structure is a material and legal structure for the use of housing, in which the user's right arises on the basis of objective norms established by law. Thus, the regulation of usufruct at the legislative level, a clear definition of the mutual rights and obligations of the home owner and his users serve to prevent various disputes thatmay arise

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