scholarly journals Confidential Records in the Archives of Bosnia and Herzegovina: Access and Protection

Atlanti ◽  
2016 ◽  
Vol 26 (1) ◽  
pp. 187-196
Author(s):  
Siniša Domazet
Keyword(s):  
Bosnia And Herzegovina ◽  
International Organizations ◽  
Real Property ◽  
Specific Nature ◽  
Legal Norms ◽  
Secret Service ◽  
Cultural Importance ◽  
Police Records ◽  
The Right ◽  
Legal Procedures

One of the first associations related to the Archives is that it is a place where one keeps old and confidential documents. Although these observations lay not far from the truth, Archives of Bosnia and Herzegovina in its repositories does not hold “attractive” confidential fonds such as secret service dossiers, police records, confidential material of international organizations or classified material from the ex-YU top authorities. However, the Archives is a keeper of fonds created by Commission for Real Property Claims of Displaced Persons and Refugees in Bosnia and Herzegovina, Government / Presidency of Bosnia and Herzegovina and personal and family fonds and collections. These documentation is not accessible for free research. It is necessary to fulfill certain legal procedures in order to exercise the right to access their content. Considering their political and cultural importance, Archive has provided adequate conditions for their protection, both in terms of access and regards their storage and preservation. Due to the specific nature of those fonds and collections, additional attention is required in order to research permission was in accordance with established legal norms and regulations.

Konstytucyjne zasady postępowania karnego na tle orzecznictwa Polskiego Trybunału Konstytucyjnego

2017 ◽  
pp. 67-86
Author(s):  
Arkadiusz Krajewski
Keyword(s):  
Civil Rights ◽  
Social Factor ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
The Republic ◽  
Humanitarian Principle ◽  
The Right ◽  
Social Importance

The Constitutional Tribunal is defined as the Polish constitutional court and at the same time the judicial authority. It was created at the turn of 1982. Not long after that it began its jurisprudence; more precisely it was in 1986. Describing its basic tasks, it is pointed out that judicial review of so-called constitutional law deserves a closer look. This is particularly true about controlling the compliance of lower legal norms with higher legal norms. Here attention is drawn towards the connection of the Constitution with some international agreements, ie. the court of law. The purpose of the paper below was to analyze the constitutional principles of criminal proceedings in the context of the case law of the Polish Constitutional Court. At the beginning the concept, the division and the role of the constitutional rules of criminal procedure were presented. In this section, it was emphasized that all the rules of the criminal process are considered superior norms of a very significant social importance. Then the principle of objectivity, which is reflected in the Constitution of the Republic, was described. A following aspect was the discussion of the principle of the presumption of innocence and the principle of in dubio pro reo. It has been emphasized that the essence of the principle is that the person who was brought before the court is treated as innocent until a lawful judgment is pronounced against the defendant. The author also pointed out the principle of the right to defense. According to this rule, the defendant has the right to defend themselves in the process and to use the help of a defender. Another described principle is so-called rule of publicity. It concerns the fact that information about criminal proceedings should be accessible to the public. Then it was pointed to the principle of the right to the trial and the independence of the judiciary. The first one is reflected in national law and acts of international rank. The second shows that the independence of the judiciary is determined by the proper exercise of the profession of judge and becomes a guarantee of freedom and civil rights. The humanitarian principle and the principle of participation of the social factor in the penal process are shown in the final section. At the end of the paper a summary and conclusions were presented.

The Global Rise of Social Cash Transfers

2018 ◽  
Author(s):  
Lutz Leisering
Keyword(s):  
Human Rights ◽  
Social Security ◽  
International Organizations ◽  
Cash Transfers ◽  
Social Citizenship ◽  
Human Beings ◽  
Sociological Approach ◽  
The Poor ◽  
Social Cash Transfers ◽  
The Right

The Universal Declaration of Human Rights (1948) proclaimed the equality of all human beings in dignity and rights. The right to social security, however, has been taken more seriously only since the 2000s, through calls for ‘Social security for all’ and ‘Leaving no one behind’. The book investigates a major response, social cash transfers to the poor. The idea of simply giving money to the poor had been rejected by all major development organizations until the 1990s, but since the early 2000s, social cash transfers have mushroomed in the global South and on agendas of international organizations. How come? What programmes have emerged in which countries? How inclusive are the programmes? What models have international organizations devised? Based on unique quantitative and qualitative data, the book takes stock of all identifiable cash transfers in all Southern countries and of the views of all major international organizations. The author argues that cash transfers reflect broader changes: new understandings of development, of human rights, of global risks, of the social responsibility of governments, and of universalism. Social cash transfers have turned the poor from objects of charity into rights-holders and agents of their own lives and of development. A repertoire of cash transfers has evolved that has enhanced social citizenship, but is limited by weak political commitments. The book also contributes to a general theory of social policy in development contexts, through a constructivist sociological approach that complements the dominant approaches from welfare economics and political economy and includes a theory of social assistance.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Accountability in Global Governance

2020 ◽  
Author(s):  
Gisela Hirschmann
Keyword(s):  
Human Rights ◽  
Global Governance ◽  
International Organizations ◽  
Third Parties ◽  
Human Rights Violations ◽  
The European Union ◽  
Economic Rights ◽  
The Right ◽  
Austerity Policy ◽  
Comprehensive Study

How can international organizations (IOs) like the United Nations (UN) and their implementing partners be held accountable if their actions and policies violate fundamental human rights? Political scientists and legal scholars have shed a much-needed light on the limits of traditional accountability when it comes to complex global governance. However, conventional studies on IO accountability fail to systematically analyze a related, puzzling empirical trend: human rights violations that occur in the context of global governance do not go unnoticed altogether; they are investigated and sanctioned by independent third parties. This book puts forward the concept of pluralist accountability, whereby third parties hold IOs and their implementing partners accountable for human rights violations. We can expect pluralist accountability to evolve if a competitive environment stimulates third parties to enact accountability and if the implementing actors are vulnerable to human rights demands. Based on a comprehensive study of UN-mandated operations in Afghanistan, Bosnia, and Kosovo, the European Union Troika’s austerity policy, and global public–private health partnerships in India, this book demonstrates how competition and human rights vulnerability shape the evolution of pluralist accountability in response to diverse human rights violations, such as human trafficking, the violation of the rights of detainees, economic rights, and the right to consent in clinical trials. While highlighting the importance of studying alternative accountability mechanisms, this book also argues that pluralist accountability should not be regarded as a panacea for IOs’ legitimacy problems, as it is often less legalized and might cause multiple accountability disorder.

scholarly journals The Right to Dignity of Refugees: A Response to Fleur Johns

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 193-195
Author(s):  
Elspeth Guild
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Humanitarian Law ◽  
International Protection ◽  
Human Rights Abuses ◽  
Refugee Protection ◽  
Mass Migration ◽  
International Refugee Law ◽  
The Individual ◽  
The Right

Fleur Johns' thesis about the increasing role of data in the verification of the condition of the world and how this impacts on international law is stimulating and bears reflection. This is an extremely interesting and innovative approach to the issue of data and its role in state engagement with mass migration. From the perspective of a scholar on international refugee law, a number of issues arise as a result of the analysis. One of the contested aspects of mass migration and refugee protection is the inherent inconsistency between two ways of thinking about human rights—the first is the duty of (some) international organizations to protect human rights in a manner which elides human rights and humanitarian law, and the second is the right of the individual to dignity, the basis of all human rights according to the UN's Universal Declaration of Human Rights of 1949. The first enhances the claims of states to sovereign right to control their borders (mediated through some international organizations), while the second recognizes the international human rights duties of states and international organizations to respect the dignity of people as individuals (including refugees). Fleur is completely correct that human rights abuses are at the core of refugee movements. While there are always many people in a country who will stay and fight human rights abuses even when this results in their sacrifice, others will flee danger trying to get themselves and their families to places of safety; we are not all heroes. Yet, when people flee in more than very small numbers, state authorities have a tendency to begin the language of mass migration. The right to be a refugee becomes buried under the threat of mass migration to the detriment of international obligations. Insofar as mass migration is a matter for management, the right of a refugee is an individual right to international protection which states have bound themselves to offer.

Weighting of Votes in an International Assembly

1944 ◽  
Vol 38 (6) ◽  
pp. 1192-1203 ◽  
Author(s):  
Louis B. Sohn
Keyword(s):  
International Organizations ◽  
United States Of America ◽  
The United States ◽  
International Labor Organization ◽  
World Government ◽  
The Past ◽  
International Labor ◽  
Small Countries ◽  
World Organization ◽  
The Right

All the plans for future world organization, whether they envisage a world government or are limited to providing agencies for better collaboration between the peoples of the world, are built around two main conceptions—a small council and a larger assembly. But the different plans disagree widely upon the powers and the make-up of these bodies. The purpose of the present article is to analyze the difficulties relating to the structure of the larger body, the assembly, and to outline a tentative method for surmounting them.The structure of the different international organizations existing in the past was based on two principles: equality of representation and unanimity. That meant, first of all, that in the assemblies of nations the United States of America (population, 131 million) and Luxemburg (population, 300 thousand) had the right of equal representation. For instance, in the Conferences of the International Labor Organization, both countries have been equally entitled to appoint four delegates. Secondly, when an international assembly has tried to arrive at a Decision, not only the largest but also the smallest country could block such a Decision by casting a negative vote. While sometimes a little country has been forcibly persuaded to abandon its opposition, in many instances small countries have been able to frustrate the efforts of international assemblies and conferences otherwise unanimous.

Countering Migration Legislation Violations as a Modern Threat to National Security

2021 ◽  
Vol 15 (1) ◽  
pp. 162-170
Author(s):  
IGOR’ YU. SAMOKHVALOV
Keyword(s):  
Legal Status ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
Legal Norms ◽  
Functional Activities ◽  
Legal Method ◽  
Current State ◽  
General Scientific ◽  
Labor Resources ◽  
The Right

Introduction: the paper investigates migration situation in the country, reasons and prerequisites for migration-related crime, and identifies features of state prevention of migration offenses. Aim: by analyzing current migration situation, to identify problems in the field of migration-related offenses and how to counteract them at the current stage of society development. Methods: general scientific dialectical method of cognition, comparative legal method, empirical methods of description and interpretation; method of interpretation of legal norms. Results: having analyzed manifestations of migration-related crime we determine its signs, internal content, essence, types, and objectivity of existence; this allows us to put forward ways to counteract the current state of this type of crime. Conclusions: when studying how migration offenses are counteracted, we propose a number of measures that can change the existing crime situation in the migration sphere. Among them: strengthening the registration of migrants when passing the state border; increasing the responsibility of an unscrupulous employer who provides work to migrants in violation of current legislation, obliging unscrupulous employers to cover expenses related to the expulsion of illegally located migrants, strengthening the responsibility of the employer; tightening the sanctions of existing legislation for submission of false documents for registration by migrants and for registration based on false documents; strengthening the functional activities of the Federal Migration Service by granting it the right to perform intelligence-gathering activities and interaction with operative units of law enforcement agencies engaged in such activities; determining the priority of external and operative services to identify the facts of illegal stay of migrants in the territory of the metropolis; establishment of a single codified act – the migration code, regulating legal relations arising in the migration sphere. Keywords: migration-related crime; labor migration; uncontrolled migration of labor resources; legal status; victimization; migration diasporas.

scholarly journals Possibilities of Spatial Data to Determine the Extent of the Occupancy of the Right-of-Way by Large-Format Advertisements

2017 ◽  
Vol 25 (2) ◽  
pp. 5-19
Author(s):  
Agnieszka Bieda ◽  
Anita Kwartnik-Pruc ◽  
Edyta Puniach
Keyword(s):  
Spatial Data ◽  
Objective Assessment ◽  
Common Element ◽  
Real Property ◽  
Large Format ◽  
The Road ◽  
Noticeable Increase ◽  
Right Of Way ◽  
The Right ◽  
Real Estate Management

Abstract Large-format advertisements are becoming a more and more common element of building facades, especially in city centers. Placing an object of this type is not without significance to the real property management. A large-format advertising billboard on the facade, on the one hand, is associated with the possibility of renting advertising space, on the other - it can lead to the occupancy of a right-of-way, which results in a necessity to pay appropriate fees, in the amount regulated by the Act on Public Roads. Placing an object such as a large-format advertising billboard in a right-of-way requires a permit of the manager of this road. However, if a billboard is located on the facade of a building, occupancy of the right-of-way is not always the case. If the boundary of the road parcel runs along the contour of the building, a billboard placed on the elevation will always occupy the right-of-way. However, property boundaries often run at a distance from the building. Such situations - desired by managers - result in a noticeable increase in demand for surveying opinions to determine what part of the right-of-way is occupied by a large-format advertisement. This article analyzes the cases of the right-of-way being occupied by large-format advertising placed on the facades of buildings in the city center. For selected objects, information was obtained from public records, National Cartographic Documentation Center database, and direct surveying was performed with various techniques. This allowed for an objective assessment of the possible use of available surveying methods and the acquired spatial data to determine the right-of-way occupied by large-format advertisements for purposes of real estate management.

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