scholarly journals THE NEW DEVELOPMENT OF SUBJECT OF INTERNATIONAL LAW

2017 ◽  
Vol 1 (1) ◽  
pp. 1-15
Author(s):  
Supardan Mansyur

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.

2021 ◽  
Author(s):  
A.B. Novozhilov ◽  
A.V. Starshinova ◽  
E.B. Arkhipova

This article deals with international experience integration of openness and transparency level evaluation of activities by non-governmental organizations (NGOs) into the Russian practice. The object of this study is socially oriented non-governmental organizations — both those that receive financial support from the state and those that do not. The subject of the study is the transparency and openness of the socially oriented non-governmental organizations of the Sverdlovsk region. The article proposes the following hypothesis: the government provides financial support to exceptionally transparent and open socially oriented non-governmental organizations; the most popular socially oriented non-governmental organizations are considered the most transparent, and the state financial support is provided to them. To evaluate the level of openness and transparency of non- governmental organizations the authors use quantitative methodology for websites monitoring of non-governmental organizations. The indicators proposed allow for the evaluation of the current level of openness of socially oriented non-governmental organizations. In addition, the article assesses available statistics to evaluate the popularity indicator of specific socially oriented non-governmental organizations. Keywords: non-governmental organization, openness and transparency of NGOs, financial support, social partnership, government social policy


Author(s):  
Peter Jeremiah Setiawan ◽  
Lolita Fitriyana ◽  
Puri Indah Sukma Negara ◽  
Novia Choirunnisa

After  Decision of the Constitutional Court Number 98 / PUU-X / 2012, NGO include third parties with an interest in submitting pre-trial proceedings by terminating investigations or terminating proceedings, but related to Post- Decision of Constitutional Court Number 21 / PUU-XII / 2014, it can be seen that there is an extension of pre-trial proceedings, one of which is the suspect's determination. It actually raises concerns about pre-trial object posed by NGO, whether or not it requires the determination of a suspect, it given that it is not written if it looks at grammatically. Based on background above, this research analyzes about first, can non-governmental organizations submit pre-trial applications for the purpose of determining a suspect? Secondly, what is the concern of juries’ respect to the position of Non-Governmental Organization that submitted a pre-trial application for the purpose of determining the suspect? This research is a normative legal research with an approach to laws, a philosophical approach and a case approach. Based on this research, it has been identified that First, NGO should first submit pre-trial applications for the purpose of assessing a suspect. Whereas, since Article 77(a), which is incidentally the subject-matter of pre-trial proceedings for NGO, has been extended, it should be interpreted that NGO also send pre-trial applications for the purpose of determining the suspect. Secondly, in some justices' reflections based on Constitutional Court's Decision Number: 98 / PUU-X / 2012 on May 21, 2013 jo. The justice considered, in Constitutional Court Decision Number 21/PUU-XII/2014, that the complainant as an NGO has a legal role in bringing a preliminary ruling against the object of suspect’s determination.


Author(s):  
Dariusz Szydłowski ◽  
Kamil Martyniak

The Police as the largest uniformed law enforcement agency in Poland (more than 100,000 functionaries) with strictly hierarchical command structure is capable of entering into cooperation with external entities including non-governmental organizations. NGOs are all entities which are not public administration organs or units and which operate on a non-profit basis. A characteristic feature of an NGO is the lack of links to the public authorities. In Poland the status of NGOs is regulated by the Public Benefit and Volunteer Work Act of 2003 which introduced an extended definition of non-governmental organizations as entities engaged in public interest and charitable activities (ngo.pl, 2018). The paper presents the subject matter related to the cooperation of the Polish Police with non-governmental organizations with respect to their statutory tasks, determines the place of NGOs in the security system and draws conclusions and recommendations regarding the cooperation.


2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Саяна Бальхаева ◽  
Sayana Balkhaeva

The author analyzes the entry into force of international treaties as a result of accession from the point of view of both the international and domestic law. Multilateral international treaties are the instrument of international cooperation. In this regard the accession is the most interesting type of the entry into force of international treaties. The accession means that an agreement should be bound by an international treaty which the subject of the international law did not sign or participate in its preparation. The author examines the use of the international treaties’ restrictive provisions concerning their accession. The author emphasized that such restrictions are used as a rule in a regional context. The author points out that the provisions on accession may extend to non-governmental organizations. The author points out that despite the apparent trend of the development of multilateral treaties in the direction of their accessibility to the largest possible number of states, the current state of international law does not give grounds to assert that there is an automatic right of states to accede to the treaties, the elaboration of which these states did not participate. The article analyses the practice of different states on the accession to the international treaties.


Arena Hukum ◽  
2021 ◽  
Vol 14 (3) ◽  
pp. 412-431
Author(s):  
Husni Syam ◽  
Arinto Arinto ◽  
Eka An Aqimuddin ◽  
Erik Setiawan

Non-governmental organizations (NGOs) have been recognized as having a significant role in the development of the international community, including in the discourse on corporate social responsibility (CSR) Recognition of the international community will relate to its position in international law The ASEAN CSR Network (ACN) is one of the NGOs in ASEAN that focus on CSR ACN position is important to discuss to see the implementation of CSR management in ASEAN This article analyses the position of ACN as a subject of international law and the function of ACN in managing CSR based on international law The research is normative combined with case study with ACN as a main research object The results obtained are ACN does not have possessed legal personality under international law or ASEAN ACN is only a legal subject under Singapore law because it was established in Singapore ACN have function as an agent which is succeed to elaborate responsible business norm within ASEAN.


2007 ◽  
Vol 6 (3) ◽  
pp. 407-446
Author(s):  
Céline Folsché

AbstractFrom its creation as an "internationalized domestic tribunal" until the execution of his first sentence in the Dujail case, the Iraqi High Tribunal has been criticized by States, International as well as Non-Governmental Organizations and scholars. This article provides a comprehensive analysis of the first and most expected decision of the Iraqi High Tribunal: the condemnation and execution of the former dictator Saddam Hussein.The first part of the article describes the controversy over the choice of tribunal and explains how, in the context of the multiplication of international and hybrid criminal bodies, the decision of the Iraqi government to create a domestic court with some international law elements has added fuel to the criticisms and complicated the task of the Tribunal to render justice.The second part of the article scrutinizes the Tribunal decision in the Dujail case. The International Community was eager to read how the Tribunal would deal with the exceptions to the competence raised by the defendants. Despite a very lengthy decision, the response of the Tribunal was not entirely satisfactory. Furthermore, the aspects of the merit dealing with international law precedents were quite disappointing.Finally, the third part of the article examines the legality of the death penalty. Saddam Hussein and his co-defendants were hanged immediately after a short and fast appeal procedure. Consequently, the reactions towards the execution have been strong and highly critical.


2018 ◽  
Vol 24 (1) ◽  
Author(s):  
V. S. CHAUHAN ◽  
BHANUMATI SINGH ◽  
SHREE GANESH ◽  
JAMSHED ZAIDI

Studies on air pollution in large cities of India showed that ambient air pollution concentrations are at such levels where serious health effects are possible. This paper presents overview on the status of air quality index (AQI) of Jhansi city by using multivariate statistical techniques. This base line data can help governmental and non-governmental organizations for the management of air pollution.


2017 ◽  
Vol 21 (4) ◽  
pp. 154-164
Author(s):  
A. N. Gutorova

Non-state factors begin to play more and more significant role in processes of global management. The international non-governmental organizations are on a special place among them (INGO). In the last decade they are growing noticeably. In this regard it is necessary to study the role and the meaning of international non-governmental organizations in the process of global management. It is a vital need of modern science. Attempts to elaborate definition of the concept "international non-governmental organization" were made repeatedly but all developed concepts have certain shortcomings (don't reflect the legal nature of INGO, membership, activity purposes, etc.). The bulk of non-governmental organizations are created for the solution of specific problems or work within a certain perspective. Today these organizations actively deal with issues connected with humanitarian assistance, protection of human rights and environmental protection, providing peace and safety, participate in educational programs, sports projects. They provide analysis and expert assessment of various problems, including global problems, act as mechanism of "early notification" and promote control of international agreements execution. But, without looking, for rather positive role of MNPO in their activity there are also certain problems. INGO is often accused in internal state affairs. Their activity often has politized character.


2021 ◽  
Vol 13 (3) ◽  
pp. 1490
Author(s):  
Agustín Moya-Colorado ◽  
Nina León-Bolaños ◽  
José L. Yagüe-Blanco

Project management is an autonomous discipline that is applied to a huge diversity of activity sectors and that has evolved enormously over the last decades. International Development Cooperation has incorporated some of this discipline’s tools into its professional practice, but many gaps remain. This article analyzes donor agencies’ project management approaches in their funding mechanisms for projects implemented by non-governmental organizations. As case study, we look at the Spanish decentralized donor agencies (Spanish autonomous communities). The analysis uses the PM2 project management methodology of the European Commission, as comparison framework, to assess and systematize the documentation, requirements, and project management tools that non-governmental organizations need to use and fulfill as a condition to access these donors’ project funding mechanisms. The analysis shows coincidence across donors in the priority given to project management areas linked to the iron triangle (scope, cost, and time) while other areas are mainly left unattended. The analysis also identifies industry-specific elements of interest (such as the UN Sustainable Development Goals) that need to be incorporated into project management practice in this field. The use of PM2 as benchmark provides a clear vision of the project management areas that donors could address to better support their non-governmental organization-implemented projects.


2020 ◽  
Vol 12 (10) ◽  
pp. 4026
Author(s):  
Mohammad Wais Azimy ◽  
Ghulam Dastgir Khan ◽  
Yuichiro Yoshida ◽  
Keisuke Kawata

The government of Afghanistan promotes saffron production as a means to achieve economic development while reducing the widely spread opium cultivation in the country by providing necessary support to its farmers via saffron farmer service centers. This study investigates the causal effects of relevant attributes of potential saffron production promotion policies on the participation probabilities of saffron farmers. This study applies a randomized conjoint experiment to primary survey data of 298 farmers in Herat Province, which is perceived by the government as the center of saffron production in the country. The proposed hypothetical saffron production promotion policy consists of six attributes, namely, provision of machinery equipment, weather-based crop insurance, accessibility to long-term loans, location of saffron farmer service centers, provider of services, and annual payment. In the randomized conjoint experiment design, the respondents rank two alternative policies and policies against the status quo. The desirable policy comprises the machinery provision, long-term (up to 5 years) loan accessibility, an easily accessible service center, and policy implementation by international non-governmental organizations (NGOs). The estimated results reveal that saffron farmers are highly supportive of the proposed saffron promotion policy and that their willingness to pay is as high as 17% of their per capita income.


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