scholarly journals THE JOINING INTO THE UNITED NATIONS CONVENTION ON JURISDICTIONAL IMMUNITIES OF STATES AND THEIR PROPERTY 2004 OF VIETNAM

2020 ◽  
Vol 15 (1) ◽  
pp. 67-78
Author(s):  
Tuan Quoc Banh

By summarizing the main contents of the United Nations Convention on Jurisdictional Immunities of States and their Property on 2nd December 2004, the author has analyzed actual and theory aspects on the necessity of Vietnam’s joining this Convention in order to protect interests of Vietnam State in the setting that these days the State and economic sectors are participating much in trading, commercial and investment activities with foreign subjects, and contribute to improving Vietnam legislations during international globalization.

2018 ◽  
Vol 67 (3) ◽  
pp. 669-694
Author(s):  
Anton Moiseienko

AbstractArticle 51 of the United Nations Convention against Corruption sets forth the return of assets diverted through corruption as a fundamental principle of the Convention. This raises the question of whether the State where the stolen assets are located is entitled to refuse their repatriation or subject it to certain conditions. This article analyses the Convention and the policy considerations behind it and argues that such a State has a wider discretion over the return of stolen assets than is often thought. Furthermore, the article argues that the rule of law may be better served if States take vigorous action to confiscate the proceeds of corruption regardless of whether they are ultimately repatriated.


2010 ◽  
Vol 35 (2) ◽  
pp. 38-42 ◽  
Author(s):  
Marian Quartly

This paper considers the development of the idea of children's rights, firstly at an international level, and then nationally and locally. Focussing on the central ‘right’ as defined by the United Nations Convention on the Rights of the Child (1989) – that ‘the child … should grow up in a family environment, in an atmosphere of happiness, love, and understanding’ – the paper points to a contradiction implicit here between the child imagined as a rights-bearing individual and the child imagined as in need of protection, by the family and, if necessary, by the state.


2018 ◽  
Vol 7 (1.7) ◽  
pp. 182
Author(s):  
Manivannan D ◽  
Manikandan N.K ◽  
Kishore Kumar K

Accessibility is a concept that cuts across disciplines and refers to the design of products, devices, services, or environments for Persons with Disabilities (PwDs). A central feature of the rights-based approach to disability, accessibility as a concept emphasizes the role that society, the built environment and societal attitudes play in making PwDs feel disabled and places the onus of securing the rights of PwDs on the state. The recognition of the role that the state must play in securing the rights of PwDs has led to the near universal adoption of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and in turn, has led to a number of changes in the policies of state parties


1998 ◽  
Vol 28 (111) ◽  
pp. 249-269 ◽  
Author(s):  
Frauke Helwes

The efficiency of the United Nations Convention for the Supression of the Traffic in Persons and of the Exploitation of the Prostitution of Others is discussed within the context of the significance of exchanging women between men for the symbolic order. German politics to prostitution is regarded in a wider context of the gender contract in the state. The discourse of inner security, which dominates the public debate about trafficking in women as a form of female migration, invites the author to reflect the moral charakter of interests, frontiers and trans-alliances, of splittings and blindings.


2020 ◽  
Vol 6 (1) ◽  
pp. 150-171
Author(s):  
Bayu Miantoro

The United Nations Convention against Corruption (UNCAC) provides states with the opportunity, by means of their national criminal law, to criminalize a number of diverse corruptive behaviors, inter alia, illicit enrichment. By using a legal normative approach, the author discusses the chances and obstacles Indonesia face when introducing illicit enrichment as a crime alongside other crimes regulated in the Law on (the eradication of) corruption and law re.  Money laundering.  Apparently the primary aim to criminalize illicit enrichment through the national criminal law is to provide the state with a legal instrument to recover assets the result of corruption or money laundering.  Attention should be given, however, on a number of obstacles coming from the interpretation of presumption of innocence principle and exiting regulation on the obligation for government officials to report their assets.


Author(s):  
Shona Minson

This chapter focuses on the rights of dependent children when their parents are sentenced for criminal offences. It provides an introduction to the harms which children suffer as a consequence of the imprisonment of their parents. The chapter considers whether sentencers take into account the impacts of a custodial sentence on those children. It examines the application of the United Nations Convention on the Rights of the Child 1989 (UNCRC) to children whose parents are facing imprisonment due to criminal convictions. The way in which the rights of a child as specified in the UNCRC are given consideration in adult sentencing proceedings is examined and is contrasted with the treatment of children separated from their parents by the state. The chapter concludes with a discussion of the implications of disregarding the rights of children rather than adopting an approach which upholds their rights.


2015 ◽  
Vol 21 (2) ◽  
pp. 450-454
Author(s):  
Metodi Markov

Abstract The United Nations Convention on the rights of the child is a part of the Bulgarian legislation since 1991. The main focus of the report is on the legislative measures for implementation of the standards established by the Convention in the legislation of the country. The assessment was made on the basis of regular reports on the fulfilment of the Convention obligations and on the recommendations of The Committee on the rights of the child. The national authority for child protection - The State agency on child protection - as well as its status and powers are introduced. Matters concerning the participation of the country in regional (European) initiatives concerning the rights of the child have also been discussed.


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