scholarly journals An Analysis Of The Legal Framework Of International Refugee Protection System

2019 ◽  
Vol IV (I) ◽  
pp. 1-10
Author(s):  
Muhammad Zubair ◽  
Muhammad Aqeel Khan ◽  
Muzamil Shah
Keyword(s):  
Legal Protection ◽  
Legal Framework ◽  
Protection System ◽  
Initial Moment ◽  
International Level ◽  
Modern History ◽  
Refugee Convention ◽  
Refugee Protection ◽  
History Of ◽  
Definition Of

The article aims to investigate the legal framework of refugee protection system at regional and international level, which starts with the modern history of refugee system that when fleeing people from one region to another were considered as refugees. It further explores steps that were taken at the initial moment and how such system developed at the international level. The legal protection along with internationally accepted definition of refugees was achieved with the passage of time. The 1951 Refugee Convention is considered as the main foundation upon which the whole refugee system is based, was further augmented with the adoption of the 1967 Protocol, which removed the two main objections i.e. the temporal and geographical limitations from the Convention. The article explains the refugee definition, protections available under various instruments at regional and international level to refugees.

Part V The Scope of Refugee Protection, Ch.45 Conflict Refugees

2021 ◽  
Author(s):  
Wouters Cornelis (Kees)
Keyword(s):  
Legal Framework ◽  
Armed Conflicts ◽  
Human Suffering ◽  
Refugee Convention ◽  
Refugee Protection ◽  
Dynamic Interpretation ◽  
Societal Structure ◽  
Definition Of ◽  
The Way

Armed conflicts have always been and still are major causes of refugee movements. They invariably cause human suffering, destroying State and societal structure and affecting the lives of civilian populations. While it is difficult to contest that people should not be returned to conflict, different thinking and practices are discernable in relation to the applicable legal framework for providing refugee protection to people displaced across borders by conflict. These discrepancies arise in part from the way in which conflicts are understood; the way in which the definition of a refugee in the Refugee Convention has been interpreted and applied; and in part from limitations in the definition itself. Recognizing ‘conflict refugees’ as refugees within the international legal framework requires an understanding of the dynamics of conflicts and a dynamic interpretation of the refugee definitions at global and regional levels.

Reverse Engineering im Spannungsfeld der Sonderschutzrechte

2022 ◽  
Author(s):  
Armin Strobel
Keyword(s):  
Reverse Engineering ◽  
Legal Protection ◽  
Economic Life ◽  
Trade Secrets ◽  
German Trade ◽  
Legal Questions ◽  
Unfair Competition Law ◽  
History Of ◽  
Definition Of ◽  
First Time

In implementation of Directive (EU) 2016/943, Section 3 (1) No. 2 GeschGehG (German Trade Secrets Act) explicitly legalizes reverse engineering for the first time in the history of German trade secrets law. Subject of this thesis is a comprehensive exploration of this new freedom of reverse engineering. To this end, the author develops a definition of reverse engineering that takes into account the reality of economic life. After a practice-oriented interpretation of Section 3 (1) No. 2 GeschGehG, its effects on the entire legal protection of entrepreneurial know-how are examined. The focus is on the effects on copyright, patent and unfair competition law. In this context, the author develops goal-oriented solutions to various unanswered legal questions.

Conclusion

2017 ◽  
Keyword(s):  
National Identity ◽  
Geographical Distribution ◽  
Crucial Role ◽  
Large Scale ◽  
Small Scale ◽  
Modern History ◽  
Late Modernity ◽  
History Of ◽  
Definition Of

This chapter extends the book’s insights about nature, technology, and nation to the larger history of the modern period. While the modern nation loses its grip as a locus of identity and analysis, attempts to understand the operation, disruption, and collapse of continental and global infrastructures continue to mix the natural and the machinic in ways that define them both. Those vulnerabilities emphasize large-scale catastrophe; historiographically, they mask the crucial role of small-scale failures in the experience and culture of late modernity, including its definition of nature. Historical actors turned the uneven geographical distribution of small-scale failures into a marker of distinctive local natures and an element of regional and national identity. Attending to those failures helps not only situate cold-war technologies in the larger modern history of natural and machinic orders; it helps provincialize the superpowers by casting problematic “other” natures as central and primary.

Victims' Rights Overview under the ICC Legal Framework: A Jurisprudential Analysis

2007 ◽  
Vol 7 (2-3) ◽  
pp. 531-547 ◽  
Author(s):  
Gioia Greco
Keyword(s):  
Rome Statute ◽  
Legal Framework ◽  
Second World War ◽  
International Level ◽  
World War ◽  
Victim Status ◽  
Wide Range ◽  
History Of ◽  
Compensation Claims ◽  
Second World

AbstractVictims' role in trials gained greater relevance over the span of the history of domestic legal systems. Even so, it was only after the Second World War that compensation claims enhanced the crescendo of victims' rights recognized at international level. The ICC legal framework stands out as a glaring achievement in the international field. In fact, the Rome Statute grants to victims a wide range of rights starting from the pretrial stage throughout the trial. The protection and involvement of victims in trials reflects not only procedural fairness but also takes into consideration victims' needs and claims for justice. Beginning from a teleological approach, this paper illustrates the victims' rights under the Rome Statute. Particularly, it analyzes the Court's jurisprudential interpretation of the underpinning criteria for victim status and the rights of participation and to justice as illustrated in the Lubanga case.

scholarly journals Rights of Interior Decoration Designer "A study in Light of UAE Federal Law No. 7 of 2002 on the Protection of Copyright and Neighboring Rights”

2019 ◽  
Vol 12 (2) ◽  
pp. 61
Author(s):  
Nada Zuhair Al – Feel
Keyword(s):  
Historical Development ◽  
Architectural Design ◽  
Legal Protection ◽  
Legal Framework ◽  
Federal Law ◽  
Interior Decoration ◽  
Definition Of ◽  
The Right ◽  
Technical Framework

This study includes the answer to the question that may be raised regarding the possibility of considering the design of the interior decoration as classified as protected works in the UAE law, and the consequent enjoyment by the designer of the literary and financial rights of the author. Paragraph 11 of UAE Federal Law No. 7 of 2002 on the protection of copyright and related rights refers to the design of decoration as one of the examples of the technical works mentioned by the legislator. The answer to the questions raised in this study is divided into two axes: the first is the technical framework and guarantee the historical development of the design, the role of the Arab design in the development of the design of the decoration and the definition of the designer and distinguish it from the architectural design. The second axis included the legal framework and included the conditions that must be met in the decoration design in order to enjoy legal protection, the rights of the decorator and then the legal protection of the right of the decorator.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

HISTORICAL DEVELOPMENT UNDERSTANDING OF UNREGISTERED COHABITATION CONCEPT

2019 ◽  
pp. 239
Author(s):  
Linita Sporāne
Keyword(s):  
Family Life ◽  
Historical Development ◽  
Legal Framework ◽  
International Level ◽  
Traditional Sense ◽  
Definition Of ◽  
Rapid Emergence ◽  
Traditional Families

The understanding of traditional families, consisting of husband, wife and children, can still be considered a norm in Europe. However, it is difficult to challenge the claim that it is no longer the only form of family life. Society with family forms understands marriage, registered relationships and unregistered relationships, not only in the traditional sense, but also in relationships between women and men, but also in the same partnership relationship. The aim of the article is to find out the causes of rapid emergence of unregistered cohabitation and the need for the improvement of the existing legal framework and provisory development. The lack of united terminology and unitary definition of unregistered cohabitation in national and international level.

Pensée 3: The Modernity of the Arabs

2009 ◽  
Vol 41 (1) ◽  
pp. 16-18 ◽  
Author(s):  
Fred Halliday
Keyword(s):  
Social Groups ◽  
Public Debate ◽  
Strong Tendency ◽  
Modern History ◽  
Normative Claim ◽  
Arab Nationalism ◽  
Political Force ◽  
The Social ◽  
History Of ◽  
Definition Of

The study of Arab nationalism, and indeed of all nationalisms, is beset with particular problems. One is the imprecision of the main concepts involved, starting with the definition of nation. Another is the confusion, inherent in the very word “nationalism,” between two quite different objects of study—nationalism as a movement, as a social and political force, and nationalism as an ideology. The first allows objective, historical analyses of how a particular movement arose and developed in such and such a country, of the social groups that supported and/or opposed it, and, not least, of how states have sought to define and utilize it. The second is an aspiration, an ideological and normative claim, one with a strong tendency to control public debate; it has an inherent tendency to distort the history of the supposed “nation.” The special claims nationalists make for their particular nation cause a third problem: although modern history has yielded hundreds of cases of nationalism, as movement and ideology, nationalism occasions analysis that is singular, treating the nation in question as unique and avoiding comparison.

Part V The Scope of Refugee Protection, Ch.44 Stateless Refugees

2021 ◽  
Author(s):  
Lambert Hélène
Keyword(s):  
Legal Framework ◽  
Refugee Convention ◽  
Refugee Protection ◽  
The Status

This chapter focuses on stateless refugees. The 1954 Convention relating to the Status of Stateless Persons (Stateless Convention) and the 1961 Convention on the Reduction of Statelessness together form the foundation of the international legal framework on statelessness and the protection of stateless persons. As the refugee definition in article 1A(2) of the Refugee Convention makes clear, it has always been assumed that having or not having a nationality is not a determinant element for being recognized as a refugee; in fact UNHCR datasets record stateless refugees as refugees. At the same time, considerations of nationality or lack thereof can have a strong bearing on the assessment of key elements of the refugee definition. For instance, claims for protection from individuals whose nationality was denied or withdrawn or whose nationality is ineffective may be relevant facts in the assessment of persecution or well-founded fear. The chapter therefore considers the extent to which the Refugee Convention protects stateless persons as refugees, scrutinizing all parts of the definition in article 1A(2).

Part III Regional Regimes, Ch.21 Regional Refugee Regimes: East Asia

2021 ◽  
Author(s):  
Arakaki Osamu ◽  
Song Lili
Keyword(s):  
Economic Development ◽  
Human Rights ◽  
East Asia ◽  
East Asian ◽  
Protection System ◽  
Refugee Protection ◽  
Refugee Law ◽  
History Of ◽  
Policy Measures ◽  
International Refugee Law

The fives States and eight jurisdictions in East Asia are mostly densely populated and homogeneous, but are diverse in term of their political and legal systems, economic development and positions in relation to refugee movements. The region currently does not have its own regional arrangement relating to refugee protection or human rights. This chapter examines and compares aspects of the refugee protection system in East Asian States, focusing on China, Japan and South Korea, all of which are a party to the Refugee Convention and Protocol. It provides a brief history of refugee laws in these States, critically evaluates legal and policy measures they have taken to implement the Convention and Protocol and looks at the roles of the judiciary and civil society in refugee protection in these States. In conclusion, it outlines the areas of convergence and diversity of refugee protection system in these States as well as the implication of international refugee law in East Asia.

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