رؤية تنموية مستجيبة لاقتصاد ما بعد النزاعات في العراق

2021 ◽  
Vol 2020 (67) ◽  
pp. 51-74
Author(s):  
زيد حبيب حسين ◽  
أ. د. وفاء جعفر المهداوي
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
The State ◽  
Ideal Solution ◽  
Development Method ◽  
Post Conflict ◽  
Correct Path ◽  
Development State ◽  
Conflict Period ◽  
The Ideal

In a country exhausted by conflicts, and successive circumstances weakened it, to produce a situation that is least described as "outside of time" at all levels. This research comes in the form of a scenario that shows the correct path that the Iraqi state must follow if it wants for itself and its society to return to time. He stresses that the first step of correction begins with the state itself. It is a choice coupled with the extent of the seriousness of the state in its obligations towards its citizens and people to recover and recover from the accumulated effects of conflicts. It is a scenario based on the assumption that the development state will adopt it as the ideal solution for the Iraqi economy in the post-conflict period. Research has proven this assumption. Therefore, the research recommends building a new social contract between the state and the citizen-based on: 1- human rights. 2- Governance. 3- Citizenship. 4- Participation. And adopting the state's development method with social responsibility, which aims to ensure the achievement of sustainable development priorities.

scholarly journals THE MANIFESTATION OF THE RECHTSIDEE OF PANCASILA IN REGULATING THE CONSTITUTIONAL RIGHTS IN INDONESIA

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
A.Ahsin Thohari
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
The State ◽  
Constitutional Rights ◽  
Union Republic ◽  
Fundamental State ◽  
Almost All ◽  
The Ideal

Abstract: Pancasila is the ideal of the state (staatsidee). It also serves as legal ideal (rechtsidee), fundamental of philosophy (philosofische grondslag), fundamental state norm (staatsfundamentalnorm), and view of life (weltanschauung). It is a flexible ideology that can be drawn, pressed, and broaden to cover almost all circumstances. The perspective and mindset forming the constitution concerning human rights, and citizen constitutional rights had changed due to the changes in worldview attitudes, internationalism, and cosmopolitanism about human and constitutional rights. The constitution in Indonesia had changed several times. However, the provision of the civil rights in the Indonesian constitutions or known as constitutional rights were not eliminated in the 1945 Constitution (since august 18th 1945), the 1949 Union Republic of Indonesia Constitution, the 1950 Temporary Constitution, the 1945 constitution (after the President Decree in July 5th,1959) and 1945 constitution after amendment. Pancasila, also known as five principles, has the function as the bedrock of Indonesia. However, as a philosophical principle, Pancasila can interpret in myriad perspective, potentially used for multiple purposes. Abstrak: Pancasila sebagai cita negara (staatsidee). Pancasila yang juga berfungsi sebagai cita hukum (rechtsidee), dasar filsafat (philosofische grondslag), norma fundamental negara (staatsfundamentalnorm), dan pandangan hidup (weltanschauung). Pancasila adalah ideologi yang bersifat fleksibel yang dapat ditarik, ditekan, dan dilebarkan untuk mencakup hampir semua keadaan. Cara pandang dan pola pikir pembentuk Undang-Undang Dasar (UUD) terhadap Hak Asasi Manusia, konstitusi, dan hak-hak konstitusional warga negara mengalami perubahan yang diakibatkan oleh perubahan sikap-sikap pandangan dunia, internasionalisme dan kosmopolitanisme tentang HAM dan hak konstitusional. Konstitusi di Indonesia telah mengalami beberapa kali perubahan, namun ketentuan-ketentuan tentang hak-hak warga negara dalam konstitusi-konstitusi Indonesia atau yang lebih dikenal dengan hak konstitusional tidak pernah hilang, baik dalam UUD 1945 yang berlaku mulai 18 Agustus 1945, Konstitusi RIS 1949, UUDS 1950, UUD 1945 setelah Dekrit Presiden tanggal 5 Juli 1959, dan UUD 1945 setelah Perubahan. Pancasila, yang juga dikenal sebagai lima prinsip, berfungsi sebagai landasan negara Indonesia. Namun, sebagai prinsip filosofis, pancasila dapat ditafsikan ke berbagai perspektif yang dapat digunakan untuk berbagai tujuan. Kata Kunci: Cita Hukum (Rechtsidee), Pancasila, Hak Konstitusional

scholarly journals Increasing resource efficiency in the industrial complex ensuring environmental human rights

2021 ◽  
Vol 12 (1) ◽  
pp. 124-139
Author(s):  
Liudmyla Deineko ◽  
Mykola Sychevskiy ◽  
Olena Tsyplitska ◽  
Nadiia Grebeniuk ◽  
Oleksandr Deineko
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Industrial Development ◽  
Business Models ◽  
The State ◽  
Economic Feasibility ◽  
Industrial Complex ◽  
Environmental Rights ◽  
Environmental Human Rights ◽  
The Impact

The close relationship between industrial development and environmental pollution is considered the main problem of negative climate changes and the deterioration of life quality leading to an increase in mortality. In this regard, the protection of environmental human rights is of great importance. The paper aims to assess the trends of industrial influence on the human environment and the level of protection of environmental human rights in different countries through reviewing and analysis of the set of relevant studies. The paper brings novelty exploring an array of objectives for protecting human environmental rights in the framework of the Sustainable Development Goals, implementation of a circular and resource-efficient economy, together with the Industry 4.0 technologies for industrialized countries, including Ukraine. Most studies consider contradictions between the economic and environmental goals of both businesses and the state the main obstacle for the ecologization of industrial production. The economic feasibility of introducing more resource-efficient business models has been proved. The impact of Ukrainian industrial companies on the environment and the state of human environmental rights protection is studied. The results of the study allow stating that the resource and energy inefficiency of industrial technology in the country, as well as the weakness of state institutions in the implementation of reforms for sustainable development, is a fundamental threat to human rights and a healthy life.

scholarly journals Os direitos humanos no contexto internacional: para além dos limites de uma obrigação específica?

2018 ◽  
Vol 19 (1) ◽  
pp. 113-126
Author(s):  
André Luiz Olivier da Silva
Keyword(s):  
Human Rights ◽  
Human Person ◽  
International Community ◽  
The State ◽  
Human Beings ◽  
Contemporary World ◽  
The World ◽  
Universal Human Rights ◽  
Special Rights ◽  
The Ideal

Resumo: Neste trabalho analisam-se as exigências por direitos humanos enunciados a partir de uma perspectiva universal, segundo a qual esses direitos se constituem dentro de obrigações gerais e são válidos para todas as pessoas do mundo. Mas podemos falar em direitos humanos considerados gerais e absolutos mesmo quando não se consegue especificar o detentor e o destinatário dos direitos em uma relação obrigacional específica? Com base em um procedimento de observação e na explicitação de algumas exigências por direitos humanos no mundo contemporâneo, aborda-se a natureza dos direitos a partir da correlação obrigacional entre direitos e deveres, bem como a distinção entre direitos especiais e direitos gerais, destacando que os direitos humanos são reivindicados como direitos gerais e universais, embora não se possa afirmar que sejam universais em si mesmos. A hipótese  neste artigo é a de que os direitos humanos são reivindicados “como se” fossem “gerais” dentro de obrigações específicas, seja em um conflito entre cidadãos e o Estado, seja a partir das relações dos países na comunidade internacional. Quando não estão especificados em obrigações concretas, esses direitos apresentam dificuldades quanto à sua efetividade justamente porque não se consegue identificar e especificar sujeitos e destinatários – que não são exatamente o Estado ou o cidadão deste ou daquele país, mas, sim, a pessoa humana. Nesse sentido, ainda estamos longe do ideal de universalização dos direitos humanos na comunidade internacional, e esses direitos só podem ser exercidos quando incorporados a um ordenamento jurídico ou, ao menos, inseridos em práticas morais e sociais.Palavras-chave: Direitos humanos. Direitos gerais. Universalidade. Obrigações específicas. Abstract: This paper discusses the claims by human rights from a universal perspective, according to which human rights constitute general obligations and are valid for all people of the world. Can we talk about human rights considered general and valid for all human beings even when we can not specify the holder and the addressee of rights in a specific obligational relationship? Based on a procedure of observation and explanation of some claims for human rights in the contemporary world, this article aims to approach the nature of these rights from the obligational correlation between rights and duties, as well as the distinction between special rights and general rights, highlighting that human rights are claimed as general rights, emphasizing its “universal” character, although we can’t ensure that these rights are universal in themselves. Our hypothesis is that human rights are claimed “as if” they were “general” within specific obligations, whether in a conflict between citizens and the state, as based on the relations of countries in the international community. When not specified in concrete obligations, human rights have doubts as to its effectiveness precisely because it is not easy to identify and specify recipients and subject of rights – which are not exactly state or country, but rather the human person. In this sense, we are still far from the ideal of universal human rights in the international community, and these rights may be exercised only when incorporated into a law, or at least, embedded in moral and social practices.Keywords: Human Rights. General rights. Universality. Specific obligations.

scholarly journals Geographic analysis of the condition of tourism of Luhansk region (Ukraine) in the context of the conflict

2019 ◽  
Vol 28 (4) ◽  
pp. 692-705
Author(s):  
Olha A. Lyubitseva ◽  
Galina M. Zavarika
Keyword(s):  
Tourism Development ◽  
Tourism Industry ◽  
The State ◽  
Eastern Region ◽  
Negative Consequences ◽  
Geographic Analysis ◽  
Post Conflict ◽  
The Status ◽  
First Time ◽  
Conflict Period

The article is devoted to the geographic analysis and evaluation of the development of tourism in Luhansk region in the context of the current conflict. The aim of this report is to monitor the state of tourism in Luhansk region, which is especially relevant in this transformational period. We used research methodology which combines the philosophical and general scientific principles that form the methodological principles of scientific research and include a number of laws and categories. Analytical, statistical, comparative-geographical, historical methods of research were used. We considered in chronological order the formation of tourism in the region. The state of tourism in the region under the conditions of the conflict is analyzed. It is revealed that the current state of tourism is that of crisis, but there are positive prospects for development. The geographical possibilities of tourism development at the present stage are substantiated. It is proposed to develop the most promising types of tourism. The scientific novelty is due to choice of theme itself, because geographers devote insufficient attention to the study of tourism development issues in the context of the conflict. For the first time , a geographic analysis of the status of tourism of Luhansk region in the conditions of the conflict is presented. The methods of comprehensive assessment of tourism development at the regional level have been improved with the use of quantitative and qualitative indicators, which allows us to determine the directions of tourist development in the region. The existing information on the influence of the conflict period on tourism development is supplemented.For the first time, a comprehensive analysis of the status of tourism in Luhansk region was carried out for different periods: at the beginning of the conflict and during the conflict, which showed that Ukraine’s image as a place of conflict led to the emergence of new social-geographical features of the development of tourism in the east of Ukraine. It is revealed that the conflict has led to instability in the development of tourism, tourists who are worried about their safety refuse to visit a conflicted country or region. This inevitably leads to a decrease in the number of international tourist arrivals and revenues from tourism, a decrease in the number of objects of tourism and of collective accommodation facilities. It is determined that the attractiveness for tourism and image of the eastern region is almost lost as a result of the conflict. It is proved that the conflict negatively impacted the development of the tourism industry in the region, namely, all types of tourism suffered, significantly reducing the total number of tourists.It is determined that tourism in the post-conflict period may become a promising direction of economic development of the eastern regions of Ukraine. The main provisions, factual material and conclusions of the article can be used for further research on the development of tourism in Luhansk region and the creation of a concept for overcoming the negative consequences of the conflict of 2014-2019 in Ukraine for the development of the national tourism industry.

scholarly journals The Role of Local Government, Religious and Community Figures, In Conjunction With the Security Forces (Polri) In Returning A Harmonic Life Post Conflict As Ethnic In Sambas Regency

2018 ◽  
Vol 1 (2) ◽  
pp. 121
Author(s):  
Setyo Utomo
Keyword(s):  
Human Rights ◽  
Local Government ◽  
The State ◽  
Human Beings ◽  
Security Forces ◽  
Post Conflict ◽  
Unitary State ◽  
Conflict Handling ◽  
The Republic

<p><em>Humans as God's creatures are given freedom of human rights from birth. As a citizen, it is necessary that the State shall be obliged to protect the freedom of the rights of its citizens. However can’t be denied the freedom of human rights between human beings with each other in fact lead to differences in interests that led to the emergence of conflicts that often lead to the occurrence of fatalities and loss of property. Whereas one of the citizens' rights is free to live anywhere within a territory of the State. Likewise with citizens of Indonesia, in the Constitution of the State has guaranteed the freedom to reside within the territory of the Unitary State of the Republic of Indonesia. Based on the experience of conflicts in the country, with the post-conflict handling of those who had previously conflicted it can be reunited in living a harmonious life, but unlike the conflict that occurred in Sambas Regency in 1999 between ethnic Malays and Madurese which has been over the years and with post-conflict efforts that have been done until now people in Sambas district have not been able to accept the presence of Madurese in Sambas Regency.</em><em></em></p>

TAKING OMNIBUS LAW SERIOUSLY

2021 ◽  
Vol 12 (2) ◽  
pp. 21
Author(s):  
Diah Imaningrum Susanti
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Sustainable Development Goals ◽  
Job Creation ◽  
The State ◽  
Point Of View ◽  
Material Object ◽  
Research Approach ◽  
Development Goals ◽  
The Law

Abstract:This article tries to understand the Omnibus Law on Job Creation and its relation to the Sustainable Development Goals/ SDGs as an aspect of the protection of human rights as the responsibility of the state.  The research approach is a normative legal research using a hermeneutical circle analysis. The main object (material object) is the norms in UUCK and related statutes which have been amended, added, or substituted by the Law on Job Creation. The norms studied are stated in the articles of the Law on Job Creation, especially norms that deal with environment and sustainable development. Hermeneutical analysis, from the linguistic and phenomenological point of view,  isused in order to  find the meaning of law from the linguistic and historical point of view, and the nature of the State as the protector of citizens’ human right. The findings are divided into 3 points. First, in terms of the process, this law is a tactical and political response from decision makers to complex and dynamic situations that can in fact lead to complicated derivative problems if the responses are not based on a framework based on the principles and basic values of the state. Dealing with the growth agenda in SDGs, the Law on Job Creation still calls into question whether the Law enshrines the easiness of business and full employment and decent work as human rights obligations of the state, or merely as benefits of economic growth. So it still presents both opportunities for human rights monitoring and accountability.   Keywords: Omnibus Law, Job Creation, Sustainable Development Goals   Abstrak:Tulisan ini mencoba untuk memahami Omnibus Law Cipta Kerja dalam kaitannya dengan Tujuan Pembangunan Berkelanjutan (Sustainable Goals/SDGs) sebagai suatu aspek dari perlindungan HAM yang merupakan tanggung jawab negara. Penelitian dilakukan dengan menggunakan pendekatan penelitian ilmu hukum normatif menggunakan analisa lingkar hermeneutika. Obyek utamanya adalah norma dalam Undang-undang Cipta Kerja dan peraturan perundang-undangan terkait yang telah diubah, ditambahkan atau digantikan oleh undang-undang ini. Norma yang dikaji dimuat dalam pasal-pasal Undang-Undang Cipta Kerja, khususnya aturan-aturan mengenai lingkungan hidup dan pembangunan berkelanjutan. Analisa hermeneutika dari sudut pandang bahasa dan fenomologi, digunakan dengan maksud untuk menemukan makna hukum dari aspek linguistik dan sejarah, serta hakekat Negara sebagai pelindung HAM warga negaranya. Hasil temuan dalam kajian ini dibagi dalam tiga poin. Pertama, dalam hal proses, undang-undang ini merupakan respon penentu kebijakan yang bersifat taktis dan politis terhadap situasi yang kompleks dan dinamis yang pada kenyataannya justru membawa pada permasalahan derifativ yang kompleks jika  tindakan pemerintah tersebut tidak didasarkan pada kerangka kerja yang menjadi prinsip-prinsip dan nilai-nilai fundamental Negara. Mengacu pada agenda SDGs, Undang-Undang Cipta Kerja perlu untuk dikaji lebih dalam apakah aturan-aturan di dalamnya memperkuat kemudahan usaha dan kewajiban negara menjamin hak asasi pekerja secara penuh, atau hanya bermanfaat untuk pertumbuhan ekonomi. Hal ini masih memberikan kesempatan untuk pengawasan HAM dan akuntabilitas. Kata Kunci: Omnibus Law, Cipta Kerja, Sustainable Development Goals

scholarly journals The Facets of Transitional Justice and 'Red Terror' Mass Trials of Derg Officials in Post-1991 Ethiopia: Reassessing its Achievements and Pitfalls

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Kinkino Kia Legide
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Transitional Justice ◽  
Critical Review ◽  
The State ◽  
Human Rights Violations ◽  
Political Transformation ◽  
Military Junta ◽  
Post Conflict ◽  
Durable Peace

At the end of the state perpetrated largescale violence, two important puzzling questions need to be addressed by post-conflict states. The first one chiefly concern how to ensure accountability or fight impunity, and the second is concerned with how to transform a society wrecked by prolonged conflicts into a durable peace in a non-violent means (Jarstad & Sisk, 2008). One such effort to deal with these questions was implementation of a transitional justice measures which evolved to encompass broader themes in addition to criminal accountability and it has shown a considerable relevance and expansion since the end of Cold War. After the demise of Marxist military junta of Derg regime in 1991, the Transitional Government of Ethiopia attempted to respond to the Derg-era atrocities of Red Terror through the establishment of Special Prosecution Office (SPO) in 1992. Ethiopia’s SPO undertook one of the most extensive criminal investigations after Nuremburg trials by its own resources and domestic tribunals and the mass trials lasted for nearly two decades. However, the assessment about its significance for domestic political transformation and its legacy remained largely untold. The aim of this paper is to make a critical review of available works on the ‘red terror trials’ and reconsider its achievements and pitfalls and to interrogate as to whether it can still provide important lessons for today’s reality. By critically reviewing available literatures and official reports, the paper found that the efforts of Red Terror trials partly succeeded in ending impunity, averting tendency of summary executions and revenge killings, and in eliciting some ‘truths. However, the measure was affected by severe limitations including the adopting the narrower model of transitional justice measures chiefly focusing on criminal prosecutions, and also questioned legitimacy of trials amidst human rights violations by the new regime itself. These limitations coupled with other factors constrained the capacity of the Derg’s Red Terror trials so that it remained short of being translated into a lasting legacy in terms of meaningful political transformation.

Procuring Profit Shifting

2019 ◽  
pp. 137-160
Author(s):  
Alex Cobham
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Sustainable Development Goals ◽  
The State ◽  
Profit Shifting ◽  
The Sustainable Development ◽  
Development Goals ◽  
The Impact ◽  
Defensive Measures

This chapter focuses on the role of states in actively procuring profit shifting across borders. The effects of global profit shifting and the associated revenue losses suffered by countries at every income level can be attributed to those jurisdictions that procure the majority of global profit shifting. Measures against these state procurers of profit shifting can take a number of forms. First, human rights instruments can be used to highlight the extraterritorial damage being done, and to drive political salience and responses by shaming. Second, indicators of profit shifting can and should be established in international mechanisms such as the reporting of the Sustainable Development Goals to ensure continuing accountability for the state procurers. Finally, individual jurisdictions and regional blocs should consider unilateral defensive measures to eliminate the impact of profit shifting.

scholarly journals Peace, Land, and Bureaucracy in Colombia: An Analysis of the Implementation of the Victims and Land Restitution Law from a Multiscale Perspective of State Bureaucracies

Land ◽  
2020 ◽  
Vol 9 (6) ◽  
pp. 181
Author(s):  
Lina Buchely
Keyword(s):  
The State ◽  
Public Officials ◽  
Conflict Setting ◽  
The Public ◽  
Post Conflict ◽  
Research Findings ◽  
Material Benefits ◽  
Institutional Architecture ◽  
Land Restitution ◽  
Conflict Period

This article presents an analysis of the complexities implied by the implementation of the Colombian land restitution policy, as an example of the way in which the state works in its day-to-day practice. The document highlights the role played by the bureaucracy of “land” in the management of the so-called post-conflict setting. It is constructive in showing the multiscale nature of the state, whose operation cannot be understood outside the various levels and scales that compose it. This conception is very well exemplified by the typology of the bureaucracies to which it resorts in order to explain the different meanings of notions, such as “conflict,” “land” or “victim,” for the public officials according to the position they fill in the institutional architecture of restitution. By analyzing the research findings, the author reveals that it is emotional, rather than material, benefits that condense the state’s role in the Colombian post-conflict period.

scholarly journals Eternity clauses in post-conflict and post-authoritarian constitution-making: Promise and limits

2017 ◽  
Vol 6 (1) ◽  
pp. 63-100
Author(s):  
SILVIA SUTEU
Keyword(s):  
Human Rights ◽  
Term Limits ◽  
The State ◽  
The Political ◽  
Post Conflict ◽  
Constitution Building ◽  
Territorial Division ◽  
Distinctive Role ◽  
Political Settlement ◽  
Constitution Making

Abstract:The literature on entrenchment as a means to achieve constitutional endurance has grown in recent years, as has the scholarship on unamendable provisions as a mechanism intended to safeguard the constitutional project. However, little attention has been paid to the promise and limits of eternity clauses in transitional settings. Their appeal in this context is great. In an effort to safeguard hard-fought agreements, drafters often declare unamendable what they consider the fundamentals to the political deal: the number of presidential term limits, the commitment to human rights and to democracy, the form of the state (whether republican or monarchical), the territorial integrity of the state, the territorial division of power, secularism or the official religion. This article explores the distinctive role and problems posed by eternity clauses in transitional constitution-building, as guarantees of the pre-constitutional political settlement in such fragile periods. The article also compares unamendability to other techniques of constitution-making in uncertain times, such as sunset clauses, deferring hard choices and other forms of constitutional incrementalism.

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