scholarly journals Promoting Protection: Multilateral Efforts to Enhance Refugee Protection and the Search for Durable Solutions

Refuge ◽  
2004 ◽  
pp. 18-23
Author(s):  
Elissa Golberg ◽  
Bruce Scoffield
Keyword(s):  
International Community ◽  
The State ◽  
Concerted Effort ◽  
Population Movements ◽  
Refugee Protection ◽  
Quality Of Protection ◽  
Challenges And Opportunities ◽  
The Status ◽  
Durable Solutions

Many commentators have expressed concern about the state of the international refugee regime, including perceived deficiencies in how States have addressed issues related to access to asylum and the differentiated quality of protection offered among countries. Importantly, however, the last three years have seen a concerted effort by the international community to reinvigorate debate over practical approaches to refugee protection and the need to identify solutions for refugees in protracted refugee situations. This process has resulted in a frank exchange of views among a broad range of States, NGOs, and academics about the challenges and opportunities presented by refugee and other population flows. It has led to a reaffirmation of the centrality of the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, and a recognition that the development of new tools, strategies, and mechanisms is warranted if the international community is going to respond effectively to contemporary population movements. Canada has been at the forefront in these international discussions, promoting an agenda aimed at securing more holistic responses to refugee protection and using creative approaches to resolve outstanding refugee caseloads. A key challenge will be to sustain the momentum and focus on practical efforts geared towards securing the ultimate goal of refugee protection – finding durable solutions.

Ending Atrocity Crimes: The False Promise of Fatalism

2018 ◽  
Vol 32 (3) ◽  
pp. 329-337 ◽  
Author(s):  
Alex J. Bellamy
Keyword(s):  
Military Intervention ◽  
Power Structure ◽  
International Community ◽  
Status Quo ◽  
The State ◽  
Viable Alternative ◽  
The Status ◽  
Atrocity Crimes

AbstractHow should the international community respond when states commit atrocity crimes against sections of their own population? In practice, international responses are rarely timely or decisive. To make matters worse, half-hearted or self-interested interventions can prolong crises and contribute to the growing toll of casualties. Recognizing these brutal realities, it is tempting to adopt the fatalist view that the best that can be done is to minimize harm by letting the state win, allowing the status quo power structure to persist. Indeed, this is how many commentators and states have responded to the tide of human misery in Syria. Could a policy of letting the state perpetrator prevail be a viable alternative to other options, including military intervention? This essay suggests not. It explains the logic behind the fatalist approach and shows that problems of recurrence, precedence, and rights mean that such an approach cannot offer a plausible alternative to measures designed to resist and increase the costs of committing atrocity crimes.

scholarly journals THE STATE OF LEGAL REGULATION OF OFFICIAL INVESTIGATIONS IN THE PROSECUTOR'S OFFICE

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 67-73
Author(s):  
В. О. Галушко
Keyword(s):  
Social Relations ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Current State ◽  
The Status ◽  
Definition Of ◽  
Main Regulator ◽  
High Level

The relevance of the topic of the article is that the implementation of legal procedures within a particular branch of law requires a clear establishment and definition of key stages, procedures, patterns and subjective composition of the latter. That is, we are talking about the legal regulation of legal processes, the high level of quality of which directly affects the effectiveness and efficiency of the relevant sequences of legally significant actions. Official investigations in the prosecutor's office in this aspect are no exception, so it is appropriate to analyze the current state of their legal regulation. Determining the state of legal regulation of official investigations in the prosecutor's office requires a full understanding of the features and internal nature of this category. Note that legal regulation has a deep theoretical basis. It can be pointed out that legal regulation in a separate part is an expression of the content of the principle of the rule of law, that is, it is an indicator of the action of law as the main regulator of social relations. However, there are other features of this category that are important to outline within this article. The article, based on the analysis of scientific views of scientists, offers the author's vision on the interpretation of the concept of legal regulation of official investigations in the prosecutor's office of Ukraine. Emphasis is placed on the specifics of the mechanism of legal regulation of official investigations in the prosecutor's office and identified features of its structure. The general assessment of the state of legal regulation of official investigations in the prosecutor's office is given. It is concluded that at the present stage the legal regulation of official investigations in the prosecutor's office is disordered in its internal structure. Yes, there is a corresponding dissonance between the status and the practice of applying official investigations. The procedure for this procedure, the subject composition, the local legal framework, as well as other mechanical features of official investigations are developed and have the appropriate forms of operation. At the same time, the status and purpose of official investigations in the prosecutor's office, their connection with disciplinary proceedings, principles, as well as the general place in the field of official discipline of prosecutors in modern realities are not properly regulated.

Regulating Statehood: The Kosovo Status Settlement

2007 ◽  
Vol 20 (3) ◽  
pp. 649-668 ◽  
Author(s):  
JEAN D'ASPREMONT
Keyword(s):  
Bosnia And Herzegovina ◽  
International Organizations ◽  
International Community ◽  
The State ◽  
Secretary General ◽  
East Timor ◽  
Self Determination ◽  
Legal Questions ◽  
The Status ◽  
Proposed Regulation

On 2 February 2007 the Special Envoy of the UN Secretary-General unveiled a comprehensive proposal for a supervised independence of Kosovo with a view of clinching the last chapter of the dismemberment of Yugoslavia. This proposal constitutes a further attempt by the international community of states to bridle the volatile and unpredictable phenomenon of statehood. The state of Kosovo that is envisaged by the Status Settlement is to be endowedwith all the features that are nowadays seen as indispensable for the establishment of a modern government apparatus, a tendency that had already beenobserved in the case of Bosnia and Herzegovina or East Timor. The proposed regulation of statehood in this case, however, proves to be of an unprecedented extent. Against that backdrop, the article grapples with the legal questions revolving around the independence of Kosovo, including secession, recognition, succession, international supervision, self-determination, and membership of international organizations.

The Democratizing Force of International Law

2018 ◽  
Author(s):  
Neha Jain
Keyword(s):  
Supreme Court ◽  
International Law ◽  
International Community ◽  
The State ◽  
Constitutional Rights ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Status ◽  
Indian Supreme Court

This chapter argues that international law has served as a useful tool for the Indian Supreme Court in fulfilling aims that have little to do with the court’s purported status as an organ of the international community. Rather, the Supreme Court has appropriated international legal norms to pursue primarily domestic goals. This chapter proceeds as follows. Section II gives an overview of the status of international law in the Indian constitutional scheme. Section III analyzes the creative uses of international law by the Indian Supreme Court to fill in and add to the content of constitutional rights and guarantees, enabling its encroachment into domains that are normally the prerogative of the legislature and the executive. Section IV puts forward a possible explanation for this appropriation of international legal norms and suggests that international law has performed a legitimizing function in the Supreme Court’s articulation of its vision of the state.

De’Maydarling (Digital Edukasi Masyarakat Desa Sadar Lingkungan) Kelompok Usaha Gula Aren Desa Kaiti, Rokan Hulu

2018 ◽  
Vol 1 ◽  
pp. 41
Author(s):  
Dian Cita Sari
Keyword(s):  
Rural Communities ◽  
Developing Country ◽  
The State ◽  
Next Generation ◽  
Large Capacity ◽  
Developed Country ◽  
Digital Education ◽  
The Status ◽  
Palm Sugar

The parameters of the progress of a nation are seen from the progress in the field of economy and knowledge of rural communities. The state of Indonesia with the status as a developing country needs to develop its community potential. The nation's successor needs to be encouraged to play a role in the hope. While entrepreneurs are people who have a large capacity in providing change and spur the next generation of the nation to be able to contribute to the progress of the nation and state. With such background and expectation, we are devoted to giving knowledge to the villagers of Kaiti Rokan Hulu to improve digital education to promote the processing business of Palm Sugar. Thus created a global acceleration in an effort to improve the quality of the nation so that the nation and the country of Indonesia grow into a developed country. 

scholarly journals Migrant protection regimes: Beyond advocacy and towards exit in Thailand

2020 ◽  
Vol 46 (5) ◽  
pp. 652-671
Author(s):  
Darshan Vigneswaran
Keyword(s):  
Human Rights ◽  
The State ◽  
Authoritarian State ◽  
Quality Of Protection ◽  
Human Rights Advocacy ◽  
International Migrants ◽  
The Law ◽  
Forced Labour ◽  
The Way

AbstractInternational migrants are subject to many types of violence, such as trafficking, detention, and forced labour. We need an improved understanding of what protects migrants from such violence. The concept of ‘migrant protection regimes’ draws our attention away from formal rights advocacy and to both the informal dimensions of protection and the way migrants help determine the quality of protection they receive. ‘Migrant protection regimes’ are sets of rules and practices regarding who ought to protect whom. These regimes include formal rights to protection in the law and informal relationships that protect migrants from lawful violence by the state. They may be changed by ‘power grabs’, when sovereign actors seek to monopolise protection relationships, but also by ‘exits’, when migrants refuse to accept the protection on offer. The study demonstrates the value of these concepts by using them to explain an unlikely case: a change in laws concerning migrant protection in an authoritarian state: Thailand. Drawing on rich qualitative sources, the article reveals how, after a human rights advocacy campaign had placed migrants’ protection in jeopardy, a mass migrant exodus compelled the country's junta to offer migrants protection on better terms.

scholarly journals Determinants of Sanitary Practices in Rural Odisha

2017 ◽  
Vol 4 (01) ◽  
Author(s):  
Chittaranjan Nayak ◽  
Prasanta Patri
Keyword(s):  
Census Data ◽  
Secondary Data ◽  
The State ◽  
Government Subsidy ◽  
Open Defecation ◽  
The Status ◽  
The Government ◽  
Key Indicators

Proper sanitation, hygiene and cleanliness are some of the key indicators of quality of life. The present paper attempts to study the status of sanitation in rural Odisha and explore its determinants. The paper is based on both primary as well as secondary data. The relative position of districts in rural sanitation is analysed with help of census data. The analysis observes that there is a significant regional divide in ‘access to toilets’ across the districts of Odisha. The backward districts are lying way below the relatively advanced coastal districts of the state. Moreover, for an investigation at a disaggregated level, we had taken 109 households from a village cluster for a case study. The study observes that caste category, occupation and government subsidy are the important factors influencing the sanitary practices of the study areas. The paper advocates for continuance of government subsidy with better targeting, and a massive awareness drive by the government to change the sordid state of open defecation in the state.

Qualität des öffentlichen Schulwesens als Verfassungsgebot?

2019 ◽  
Author(s):  
Stefanie Große
Keyword(s):  
Educational Research ◽  
School System ◽  
School Policy ◽  
Status Quo ◽  
The State ◽  
School Law ◽  
State School ◽  
New Findings ◽  
The Status

Since Germany’s shock at the results of the PISA test in 2001, the quality of the country’s state school system has been the focus of interest in society, politics and academic thinking. At about the same time, school legislators reacted to new findings in educational research and cautiously granted schools a certain degree of independence. In this study, the author links these two topics, which are still central to the discussion on school policy and school law. After analysing the status quo of school autonomy in Germany’s 16 school laws, she deals with the question of whether and to what extent the state is constitutionally obliged to guarantee the quality of the state school system and provide schools with comprehensive autonomy as a means of ensuring that quality. This not least reveals that the findings of other disciplines—namely pedagogics and educational research—can and even must be incorporated into school law.

scholarly journals The Challenges of Refugees Protection

2017 ◽  
Vol 6 (6) ◽  
pp. 35
Author(s):  
Maysa Said Bydoon
Keyword(s):  
Civil War ◽  
International Law ◽  
Rapid Growth ◽  
International Community ◽  
Refugee Protection ◽  
Safe Area ◽  
The Status

<p>The current crises and civil war in many countries, increasingly challenge the rapid growth of influx of refugees. More recently, as a matter of fact, the asylum issue is one of the most important issues in the international community that shed lights on a violation of refugees’ rights and most importantly a safe area to live in. The article examines the refugee protection in light of the Convention relating to the Status of Refugees 1951 and Protocol relating to the Status of Refugees.   It is true that such convention and its complementary protocol contribute in establishing the international law of refugee protection, however, its argues that  the convention does not cover all people into danger  in terms of refuges definition and principals of non refoulement.</p>

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