scholarly journals PREVENTION OF BREACHES AND RESPONSIBILITY TO PROTECT: CASE STUDY OF LIBYA AND SYRIA CRISES 2011 -2016

2019 ◽  
pp. 45-61
Author(s):  
Abdullahi Ayoade Ahmad ◽  
Mohd Afandi Salleh ◽  
Aesyah Talib ◽  
Siti Munirah Yusoff @ Md Nasir ◽  
Nur Sa’adah Mohd Nor
Keyword(s):  
Women Elderly ◽  
International Organizations ◽  
International Organization ◽  
Responsibility To Protect ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Vulnerable People ◽  
Negative Effect

Despite that International Humanitarian Law (IHL) is meant to protect vulnerable people such as non-combatants, children and women, elderly and able people, and even combatant at times in accordance with relevant conventions and protocols of IHL, numerous crises occur at present have immensely been violated the set rules. While the fundamental Human rights of these categories of people are been infringed, international organizations at various levels are struggling to minimize the negative effect on the victims. There are circumstances when the IHL is also breached by states or parties involve in the crises. This study focuses on investigating numerous violations of child abuses in Libya and Syria during the 2011-2016 crises. The role of humanitarian organization and other agencies involved were equally examined. The roles of the two governments are equally examined. The paper adopted descriptive and analytical methods, as a result, relevant materials such as a book, reports from NGOs, and other humanitarian agencies were utilized to analyze this issue. The findings revealed that atrocities are widely committed by both governments as also done by various warring factions that took part in the conflicts. The role of international organization managed to minimize it to some extent. It recommended that the UN and other international organization can pay more roles in the future.

Human Rights and International Humanitarian Law Breaches Attributable to International Organizations

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Attribution Of Responsibility

The chapter considers how to determine whether a particular internationally wrongful act is attributable to an international organization, or another actor under international law. It considers the circumstances in which international organizations may breach the human rights and international humanitarian law obligations that they are bound to respect and incur liability in the case of a breach. It also considers when the conduct amounting to a breach is an act of the organization for the purposes of assigning responsibility. It analyses the framework for the attribution of responsibility set out in the Draft Articles on the Responsibility of International Organizations.

scholarly journals THE ROLE OF ASEAN IN FACING THE FOURTH INDUSTRIAL REVOLUTION (CASE STUDY: EDUCATION DISPARITY BETWEEN SINGAPORE AND INDONESIA)

2021 ◽  
Vol 14 (2) ◽  
Author(s):  
Wening Noor Aida Rahmawati
Keyword(s):  
Social Media ◽  
International Organizations ◽  
Industrial Revolution ◽  
International Organization ◽  
Asean Member ◽  
Average Person ◽  
Media Platform ◽  
High Level

Industry 4.0 provides opportunities and threats to life, such as income inequality, nature destruction, cybercrime, and internet dependence. Threats also occur in the education field. In 2019, a social media platform called ‘we are social’ published a study revealing that the average person spends six hours a day using the internet. Four out of ten ASEAN member countries are included in the top ten social media user countries. Indonesia is one of the countries belonging to this category. Similarly, Singapore also has a relatively high level of social media use. However, its conditions tend to be stable, making it easier for Singapore to overcome those problems. On the other hand, with a larger population, it is more difficult to control such problems in Indonesia. ASEAN, an international organization, strives to reduce disparities between Singapore and Indonesia through joint integration between its member countries. In this paper, the author explains about ASEAN businesses in facing disparities in the region, especially concerning industrial readiness 4.0. The author utilized the theory of international organizations and the human development index concept to analyze the case study.

Adjudication before Regional and International Courts

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Subject Matter ◽  
Regional Integration ◽  
International Organization ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Courts ◽  
International Court

International and regional courts provide a degree of oversight over the conduct of international organizations. In some instances, these courts have played an important, albeit indirect role in assessing the validity of international organization conduct in the course of proceedings against States, which has had a modest influence on the procedures of universal international organizations. Regional courts have also played an important role in assessing the acts of regional integration organizations, although the limited personal and subject matter jurisdiction of many of such courts has limited their capacity to adjudicate claims concerning organizations’ human rights and international humanitarian law breaches. There is no international court with a mandate to adjudicate claims brought by individuals concerning the acts of international organizations.

International Organizations’ Obligations under Human Rights and International Humanitarian Law

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Personality ◽  
Peremptory Norms ◽  
International Legal Personality

The chapter considers in what circumstances international organizations have international legal personality and what results from such personality. It also considers whether international legal personality gives rise to rights and obligations and which ones. Central to this analysis, the chapter studies whether an international organization may have human rights and international humanitarian law obligations and whether these derive from its international legal personality, its constituent agreement, as a result of the functions of the organization, or some combination thereof. The chapter concludes that international organizations have obligations to comply with peremptory norms and accepted general principles of international law (which include elements of human rights and international law) that apply to all subjects under international law. There are also additional obligations which apply in particular contexts, and are aligned with organizations’ purposes and their capacities to act and react in any given situation.

Relations with other institutions in the realm of international humanitarian law

1990 ◽  
Vol 30 (S1) ◽  
pp. 93-94
Keyword(s):  
International Organizations ◽  
Round Table ◽  
Red Cross ◽  
International Humanitarian Law ◽  
International Institute ◽  
Humanitarian Law ◽  
Academic World ◽  
Geneva Conventions ◽  
Fact Finding

The ICRC kept in close touch with the International Institute of Humanitarian Law in San Remo, Italy, and, as in previous years, helped in the preparation and running of several courses and seminars organized by the Institute. Thus, it was closely involved in the 15th Round Table on current problems of international humanitarian law (4–8 September 1990) which brought together over 150 people representing governments, the academic world, international organizations and the International Red Cross and Red Crescent Movement. The meeting examined specific means of improving respect for international humanitarian law and discussed topics such as:the contents and scope of the obligation to ensure respect for the law (Article 1 common to the Geneva Conventions of 1949 and Protocol I of 1977);the role of the future International Fact-Finding Commission (Article 90 of Protocol I);the usefulness of a system of periodic reports on the application of international humanitarian law;the role of the United Nations in implementing that body of law.

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.

The Application of International Humanitarian Law by the Israel Defense Forces

2017 ◽  
Author(s):  
Amichai Cohen ◽  
Eyal Ben-Ari
Keyword(s):  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Advocate General ◽  
The Past ◽  
Junior Officers ◽  
Military Commanders ◽  
Legal Frameworks ◽  
Israel Defense Forces ◽  
The Military

This chapter describes how increased juridification and demands to apply international humanitarian law (IHL) have influenced the Israel Defense Forces (IDF). The authors analyze the IDF’s compliance with IHL and other legal frameworks through a multilevel and multidimensional model of military compliance describing the law and external institutions involved in applying it. The past decades have seen the relatively autonomous sphere of the military increasingly come under judicial overview. Judicial and international pressures have also increased the role of the operational legal advisors. The chapter ends by discussing the ceremonies intended to promote compliance with IHL involving soldiers and junior officers. It is based on interviews (with Israeli academic experts, members of nongovernmental organizations [NGOs], and military commanders), off-the-record conversations with members of the IDF’s Military Advocate General, and newspaper articles, reports of NGOs, and secondary material.

scholarly journals Designing for international law: The architecture of international organizations 1922–1952

2020 ◽  
pp. 1-22
Author(s):  
Miriam Bak McKenna
Keyword(s):  
New York ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
International Labour Organization ◽  
The Relationship ◽  
Physical Manifestation ◽  
Insight Into ◽  
Do So

Abstract Situating itself in current debates over the international legal archive, this article delves into the material and conceptual implications of architecture for international law. To do so I trace the architectural developments of international law’s organizational and administrative spaces during the early to mid twentieth century. These architectural endeavours unfolded in three main stages: the years 1922–1926, during which the International Labour Organization (ILO) building, the first building exclusively designed for an international organization was constructed; the years 1927–1937 which saw the great polemic between modernist and classical architects over the building of the Palace of Nations; and the years 1947–1952, with the triumph of modernism, represented by the UN Headquarters in New York. These events provide an illuminating allegorical insight into the physical manifestation, modes of self-expression, and transformation of international law during this era, particularly the relationship between international law and the function and role of international organizations.

State legitimacy and tax compliance among small and medium scale enterprises: a case study of Dodowa district, Ghana

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Abraham Gyamfi Ababio ◽  
Arthur Gnonsio Mangueye
Keyword(s):  
Sample Selection ◽  
Tax Compliance ◽  
Probit Model ◽  
Content Type ◽  
Medium Scale ◽  
State Legitimacy ◽  
Negative Effect ◽  
Sizable Proportion

Purpose Improving tax compliance would drive the needed development in Ghana. Small and medium scale enterprises (SME) constitute a sizable proportion of the Ghanaian economy but its contribution to tax revenue is below expectation. This study aims to determine whether SME's perception of state legitimacy affects tax compliance. Design/methodology/approach A structured questionnaire was administered to 200 SMEs randomly drawn from Dodowa in the Shai-Osudoku District of Greater Accra Region. Descriptive statistics and the Probit model with sample selection were used to analyse the data. Findings The study found that SME's perception of government legitimacy exerts a significant negative effect on reducing profit to avoid tax liability (ß = −0.0305, p < 0.05). Other factors such as education and fear of fines and penalties were also found to reduce the likelihood that the firm would reduce profit to avoid high tax liability. Still, tax knowledge had a positive effect on this behaviour. Practical implications This study would help deepen policymakers' knowledge of how to improve tax compliance among SMEs in Ghana. Originality/value The originality of this work is that it explicitly models the role of fiscal exchange theory in explaining tax compliance among SMEs in Ghana by using robust methodology.

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