scholarly journals Protection of property rights of citizens in the conditions of foreign military aggression: political and legal experience of Ukraine

2021 ◽  
Vol 39 (69) ◽  
pp. 198-211
Author(s):  
Viktor Filatov ◽  
Sergey Нerasymchuk ◽  
Oksana Zuieva ◽  
Oksana Tuieva ◽  
Dmytrо Kartsyhin
Keyword(s):  
Property Rights ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Comprehensive Analysis ◽  
Terrorist Threat ◽  
Judicial Practice ◽  
Occupied Territory ◽  
The Law ◽  
The Right

The aim of the research is a comprehensive analysis of the problem of protecting property rights against a terrorist threat and finding ways to solve it. The article deals with the main problems of protection of property rights under conditions of external military aggression in Ukraine. The authors, with the example of a separate case, analyses the problematic aspects of renewing and granting property rights to citizens residing in the temporarily occupied territory of Ukraine. Methodologically, it is a documentary research. It is concluded that the law and judicial practice of the protection of property rights in the example of the right to compensation for damaged homes may prove insufficient on its own. The weaknesses of Ukrainian legislation in compensation for damage caused to citizens in conditions of armed conflict and terrorist activity are discussed in detail. Finally, it emphasizes the role of transitional justice in improving the law and practice of resolving disputes overcompensation for moral and material damage under the conditions of occupation of certain territories of Ukraine.

The Oxford Handbook of International Law in Armed Conflict

2014 ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Forced Migration ◽  
Armed Forces ◽  
Cultural Property ◽  
Historical Background ◽  
The Law ◽  
The Right

TheHandbookconsists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces key concepts in international humanitarian law: weapons and the notion of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, internal armed conflict. Part V looks at key rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, and the human rights of the members of the armed forces. Part VI covers key issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, forced migration, and issues of gender. Part VII deals with accountability issues including those related to private security companies, the need to focus on armed groups, as well as questions of state responsibility brought before national courts, and finally, the book addresses issues related to transitional justice.

scholarly journals Adjudicative Refutation of Dubious Information Spread in Social Media

2019 ◽  
pp. 158-169
Author(s):  
Roksolana LEMYK
Keyword(s):  
Social Media ◽  
Property Rights ◽  
Legal Proceedings ◽  
Judicial Practice ◽  
Information Spread ◽  
Standard Information ◽  
The Law ◽  
The Individual ◽  
The Right ◽  
Personal Welfare

The following article is a comprehensive rebuttal of dubious information spread throughout the social media, based on scientific materials in judicial practice. It includes the development of theoretical principles as well as practical application of the law in protection of human dignity in civil legal proceedings. The author provides an analysis of standard information, scientific literature and judicial practice as to the steps in the rebuttal in civil legal procedures of dubious information spread throughout social media and provides resolutions and proposals regarding the legal applications in protection of the honour and dignity of persons who intend to dispute such information. The article deals with the judicial components of the offence i.e. spreading of information to at least one person by any means; spreading information which refers to an individual or a legal entity i.e. a plaintiff; spreading dubious information i.e. that is information that does not correspond to the facts; spreading information that violates persona l non-property rights i.e. causes harm to personal welfare or prevents a person from realizing his personal non-property rights completely and timely. The author elaborates on each of these elements to the degree that their sum satisfies the demands of the claim. The form of protection of personal non-property rights, particularly those of dignity and honour, the right to the inviolability of a business reputation, is the choice of the plaintiff. In addition, the plaintiff may choose a general as well as a specific form of protection of his rights set out by the law that regulates specific legal relations. The author considers separately the problem of selecting a respondent (co-respondent) in specific cases (difficult in the selection of an appropriate respondent), where a most defenceless situation is created: without the establishment of appropriate respondents it is impossible both to contest the authenticity of the information which violates the honour and dignity of the individual and to provide compensation for the moral harm.

Intervención de la fuerza pública en el proceso de restitución de tierras de las víctimas del conflicto armado

2016 ◽  
Vol 8 (13) ◽  
pp. 108-129
Author(s):  
Didima Rico Chavarro
Keyword(s):  
Transitional Justice ◽  
Armed Conflict ◽  
La Paz ◽  
Security Forces ◽  
The Law ◽  
Peace Accords ◽  
The Right ◽  
Land Restitution

En este artículo se identifica a la fuerza pública como ac- tor del conflicto armado colombiano, y se cuestiona su intervención como parte determinante en la focalización de los predios a restituir y las consecuencias para el desa- rrollo de los acuerdos de Paz de La Habana. El significado y alcance de la restitución de tierras a las víctimas del conflicto armado encuentra fundamento en el desarrollo del derecho a la paz, en el marco de la justicia transicional, los avances jurisprudenciales y los propósi- tos de la ley que prioriza la seguridad para la restitución de las tierras.In this article the security forces acting conflict, a situa- tion that challenges his intervention as a key part of the decision to focus on the land to restore and consequences for the development of the Peace Accords Havana is iden- tified. The meaning and scope of the restitution of land to vic- tims of armed conflict, is based on the development of the right to peace as part of transitional justice, the juris- prudential advances and purposes of the law that priori- tizes safety for land restitution. 

scholarly journals Protection of civil property rights in case of recognition of the contract as not concluded

2021 ◽  
Vol 2 (20) ◽  
pp. 3
Author(s):  
O. A. Surzhenko
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Civil Law ◽  
Procedural Law ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
Legal Consequences

The article examines the problems of protecting civil property rights, one of the ways of which is to recognize the transaction as invalid. When analyzing this method of protection, violations by a transaction of the conditions of its action, the legal nature of invalid transactions, individual grounds and legal consequences of their invalidity are considered. Transactions that have certain drawbacks, and therefore do not meet the conditions that make the person’s actions legitimate, closely intersect with other actions that also do not lead to the purpose for which they were committed. These are not concluded contracts. The plane of intersection of these actions is quite significant, and the criteria for their delimitation are not regulated in the law, but in judicial practice are sometimes worked out contradictory. This applies to non-compliance with the requirements for the form of the transaction (in particular, the signature of the person), essential conditions, and other provisions of the law.Protection of civil rights is one of the most important categories of the theory of civil and civil procedural law, without clarification of which it is very difficult to understand the nature and characteristics of civil sanctions, the mechanism of their implementation and other issues arising in connection with the violation of civil rights. It is noted that the originality of regulatory civil law is that it arises from legitimate legal actions and is aimed at satisfying any property need. The force of coercion gives it the ability to be provided with legal measures. The right (entitlement) to protection in regulatory legal relations is one of the transactions of any subjective civil law, according to which the rightholder can, in the event of violation of the right, make a demand for the protection of the violated civil law

Intellectual Property Rights and Access to Energy Services in Africa

2018 ◽  
Author(s):  
Professor Adebambo Adewopo ◽  
Dr Tobias Schonwetter ◽  
Helen Chuma-Okoro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Energy Access ◽  
African Countries ◽  
Energy Services ◽  
Proper Role ◽  
The Law

This chapter examines the proper role of intellectual property rights (IPRs) in achieving access to modern energy services in Africa as part of a broader objective of a pro-development intellectual property agenda for African countries. It discusses the role of intellectual property rights, particularly patents, in consonance with pertinent development questions in Africa connected with the implementation of intellectual property standards, which do not wholly assume that innovation in Africa is dependent on strong intellectual property systems. The chapter examines how existing intellectual property legal landscapes in Africa enhance or impede access to modern energy, and how the law can be directed towards improved energy access in African countries. While suggesting that IPRs could serve an important role in achieving modern energy access, the chapter calls for circumspection in applying IP laws in order not to inhibit access to useful technologies for achieving access to modern energy services.

scholarly journals What Constitutions Can Do (but Courts Sometimes Don’t): Property, Speech, and the Influence of Constitutional Norms on Private Law

2004 ◽  
Vol 17 (1) ◽  
pp. 61-81 ◽  
Author(s):  
Oliver Gerstenberg
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Freedom Of Expression ◽  
Social Democracy ◽  
Recent Attempt ◽  
Private Law ◽  
Human Rights Norms ◽  
The Right ◽  
Higher Law

In this paper I want to address, against the background of the ECtHR’s recent attempt to resolve the clash between property rights and the right to freedom of expression in its decision in Appleby v. UK, two questions, both of which I take to be related to the overarching theme of “social democracy”. First, there is the problem of the influence of “higher law”-of human rights norms and constitutional norms-on private law norms; second, the question of the role of adjudication in “constitutionalizing” private law, in other words, the question of the “judicial cognizability” of constitutional norms within private law.

scholarly journals La Réparation Individuelle en Application des Mécanismes Prévus par le Droit International Humanitaire

2009 ◽  
Vol 27 (2) ◽  
pp. 431
Author(s):  
Sophie Rondeau
Keyword(s):  
Present Article ◽  
Present State ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Normative Framework ◽  
Droit International ◽  
The Right ◽  
Droit International Humanitaire

Le présent article fait état d’un questionnement sur l’état actuel du rôle des normes juridiques émanant du système de droit international humanitaire (DIH) en ce qui a trait au droit à la réparation, en prenant soin de mettre la personne en tant que victime de la guerre au centre de notre réflexion. En considérant la notion de réparation sous l’angle de la victime comme un tout à décrire et à analyser, nous cherchons à savoir s’il existe un droit à la réparation que possède la victime d’un conflit armé régi par le droit international humanitaire. Le fondement même de cette recherche s’appuie donc sur le cadre normatif conventionnel du DIH régissant la notion de réparation, que cette dernière accorde ou non un droit à une victime.This paper presents a series of questions on the present state of the role of judicial standards arising from the system of international humanitarian law [IHL] as regards the right to compensation, by making it a point to place the person as a war victim at the center of our reflection. In considering the concept of compensation from the angle of the victim as a whole, we seek to know whether there exists a right to compensation to which the victim of an armed conflict governed by international humanitarian law is entitled. The very foundation of this research is thus based on the conventional normative framework of IHL governing the concept of compensation, whether or not it grants a right to a victim.

scholarly journals Roles of the Courts in New Zealand in Giving Effect to International Human Rights - with Some History

1999 ◽  
Vol 29 (1) ◽  
pp. 27 ◽  
Author(s):  
Kenneth J Keith
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Common Law ◽  
General Effect ◽  
International Affairs ◽  
The Common ◽  
The Right ◽  
Domestic Law

The Right Honourable Sir Kenneth Keith was the fourth speaker at the NZ Institute of International Affairs Seminar. In this article he describes and reflects upon the role of courts and judges in relation to the advancement of human rights, an issue covered in K J Keith (ed) Essays on Human Rights (Sweet and Maxwell, Wellington, 1968). The article is divided into two parts. The first part discusses international lawmakers attempting to protect individual groups of people from 1648 to 1948, including religious minorities and foreign traders, slaves, aboriginal natives, victims of armed conflict, and workers. The second part discusses how from 1945 to 1948, there was a shift in international law to universal protection. The author notes that while treaties are not part of domestic law, they may have a constitutional role, be relevant in determining the common law, give content to the words of a statute, help interpret legislation which is in line with a treaty, help interpret legislation which is designed to give general effect to a treaty (but which is silent on the particular matter), and help interpret and affect the operation of legislation to which the international text has no apparent direct relation. 

scholarly journals THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.

scholarly journals The role of fishery supervisors and community participation to ensure the sustainable fisheries in Indonesia’s Exclusive Economic Zone

2021 ◽  
Vol 890 (1) ◽  
pp. 012068
Author(s):  
Maskun ◽  
H Assidiq ◽  
S N Bachril ◽  
N Al-Mukarramah
Keyword(s):  
Community Participation ◽  
Fishery Management ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Fish Resources ◽  
Effective Manner ◽  
Economic Zone ◽  
The Law ◽  
The Right

Abstract Indonesia has ratified the United Convention Law of the Sea of 1982 with the Law No. 17 of 1985 concerning the Ratification of United Nations Convention on The Law of the Sea 1982. It means that Indonesia has the right to use, conserve, and manage fish resources in the Indonesia’s Exclusive Economic Zone (IEEZ). To guarantee the optimal and sustainable management of Indonesian fish resources, the role of fishery supervisors and community participation in an efficient and effective manner is needed. Law enforcement in the field of fisheries is very important and strategic to support fishery development in accordance with the principle of fishery management, so that the sustainable development of fisheries can be done continuously. Therefore, the existence of legal certainty is absolutely necessary to support fishery management in Indonesia.

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