scholarly journals The Phenomenon of Illegal Immigration (the Effectiveness of Libyan Procedures and Laws in Confronting it) (Intentional Study)

2021 ◽  
Vol 4 (4) ◽  
pp. 496-522
Author(s):  
Fathi Ali Milad Mohamad
Keyword(s):  
Human Trafficking ◽  
Analytical Method ◽  
Illegal Immigration ◽  
European Countries ◽  
Illegal Immigrants ◽  
Comparative Approach ◽  
The Law

The study aimed to identify the phenomenon of illegal immigration and the effectiveness of Libyan procedures and laws in confronting it. The problem of the study lies in the fact that Libya suffers from the presence of many illegal refugees on its territory significantly, and despite the Libyan state taking many measures that prevent compromising the sovereignty of the Libyan state and violating laws and the exploitation of smuggling groups across the land borders of the deteriorating security situation since 2011, but that Illegal immigrants are still crossing the land borders, and there are still many smuggling and human trafficking operations trying to flow inside Libyan territory, in violation of the provisions of the law, to try to escape to European countries from Libyan territory, which puts Libya in great trouble, especially in front of its international partners. The study highlights the importance of shedding light on the phenomenon of illegal immigration and its impact on the effectiveness of Libyan procedures and laws, and to identify the purposes of Sharia in the phenomenon of illegal immigration. The study uses the analytical method, where the analytical method contributes to analyzing the phenomenon of illegal immigration in Libya and to identifying the purposes of Sharia in combating the phenomenon of illegal immigration. The study uses the comparative approach to compare the Libyan laws and procedures applied during the period of conducting the study. This approach also contributes to comparing the Libyan laws with their counterparts in the countries that succeeded in combating the phenomenon of illegal immigration. The study reached many results, including that the pure illegal immigration is one of the most prominent phenomena.

scholarly journals Contributions of the International Community in Combating the Phenomenon of Illegal Immigration

2021 ◽  
Vol 4 (3) ◽  
pp. 360-388
Author(s):  
Ayoub Anwar Almabrok Husien ◽  
El Fatih Abdullah Abdelsalam ◽  
Abdulhamid Mohamed Ali Zaroum
Keyword(s):  
Illegal Immigration ◽  
International Community ◽  
Second World War ◽  
European Countries ◽  
Comparative Approach ◽  
Historical Evolution ◽  
World War ◽  
Inductive Approach ◽  
Development Plans ◽  
Second World

This paper aims to identify illegal immigration phenomenon and the responsibility of the international community towards it. It also aims to identify the causes, motivations, and justifications of illegal immigration. The researcher used both an inductive approach and a comparative approach by drawing upon the literature related to illegal immigration. The researcher found several results, which include: knowing the historical evolution of illegal immigration, and the chronological development of illegal immigration since it started after the second world war until European countries started promoting it for their own development plans, and finally, the stage of putting an end to and fighiting agaisnt illegal immigration.

Moral and Legal Dilemmas of the New Polish Security Policy

2019 ◽  
Vol 27 (02) ◽  
pp. 260-274
Author(s):  
Marek Górka
Keyword(s):  
Security Policy ◽  
Terrorist Attack ◽  
Civil Liberties ◽  
European Countries ◽  
Heated Debate ◽  
The Law

Due to attacks carried out by terrorist organisations, most European countries have placed this phenomenon at the forefront of their priorities in the field of security policy. The fight against terrorism has sparked a heated debate about the significance of security and civil liberties. The law on anti-terrorist operations of 2 July 2016 triggered the debate in Poland as well. This article attempts to answer the question of whether it is possible to maintain a balance between freedom and security. Therefore, the contemporary challenge that many governments face is not effective terrorist attack prevention, but rather an effective anti-terrorism policy whose provisions will not pose a greater threat to democracy than terrorists themselves.

Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny

2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
European Countries ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
Human Rights Standards

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

O-034 Infertility treatment law making in Europe: the clash of knowledge, ethics and business

2021 ◽  
Vol 36 (Supplement_1) ◽  
Author(s):  
A Wilinska-Zelek
Keyword(s):  
Genetic Diagnosis ◽  
Medical Knowledge ◽  
Infertility Treatment ◽  
Oocyte Donation ◽  
European Countries ◽  
Human Reproduction ◽  
Main Concern ◽  
Eligibility Criteria ◽  
The Law ◽  
Law Making

Abstract text Infertility treatment law making in Europe: the clash of knowledge, ethics and business Today, there is no common European set of rules for Assisted Reproduction Technology (ART). ART is now controlled by legislation in almost all European countries, substantial variations exist within the detail of that legislation. Main legal differences between countries relate to: embryo selection, particularly by genetic screening, embryo freezing and embryo transfer, preimplantation genetic diagnosis (PGD), oocyte donation, anonymity of gamete donors, surrogacy, patient eligibility criteria (eg, sexual orientation, age), reimbursement and state funding. The most complete survey ever of the ART legal and funding framework of 43 European countries was published in the ESHRE medical journal Human Reproduction Open: Calhaz-Jorge C, De Geyter C, Kupka MS, et al. Survey on ART and IUI: Legislation, regulation, funding and registries in European countries. Hum Reprod Open 2020; doi:10.1093/hropen/hoz044. Unfortunately, changes of legislation are so dynamic that much of the information in this article is no longer up-to-date. Lawyers observe that one of the most important rule of law “When the Law ceases to reflect the realities of Life, it is the Law that will Change” does not work in ART. In regard to this matter dominant rule is: “The Law will change only when it ceases to reflect the government’s point of view and lobbyists’ needs”. Modern medical knowledge and the society’s needs are often not the main concern during the law making discussion. The speech discusses the issues related to infertility treatment law making in Europe with a focus of the problem that modern medical knowledge in this process is not taken into account at all. The author diagnoses numerous problem related to determining the border between medical knowledge, ethics and business in law making process. The observed problems will be discussed on selected examples (from Poland, Greece and the United Kingdom) during presentation at the ESHRE on-line 37th Annual Meeting.

Sustainability reporting in justice systems: a comparative research in two European countries

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Floriana Fusco ◽  
Renato Civitillo ◽  
Paolo Ricci ◽  
Sylwia Morawska ◽  
Katarzyna Pustułka ◽  
...  
Keyword(s):  
Online Survey ◽  
Sustainability Reporting ◽  
European Countries ◽  
Comparative Approach ◽  
Political Debate ◽  
Content Type ◽  
Reporting Practices ◽  
Wide Range ◽  
Current Practices ◽  
Judicial Systems

Purpose That on accountability in public organizations is quite an old debate. Its introduction in judicial systems is, however, still viewed with some suspicion, due to its potential trade-off with independence and impartiality. Nevertheless, the need to respond to the demands for greater transparency and accountability has also pushed judicial organizations to establish a dialogue with a wide range of subjects. This study aims to explore the understanding and the current practices of sustainability reporting currently in place in judicial systems. Design/methodology/approach The study adopts a comparative approach, conducting an online survey in two European countries (Italy and Poland). The survey was built around the research questions and literature and administered between February and March 2020. Specifically, 804 courts were involved, of which 430 are in Italy and 374 in Poland. Findings Findings show that the current practices are still not widespread and there is still a lack of understanding of what sustainability reporting is, and therefore, of what its potential usefulness within the courts could be. Moreover, many differences between the two countries are pointed out, so it is possible to assume that the different cultural and institutional settings influence sustainability reporting practices. Finally, some interesting implications for policymakers are provided. Originality/value Judicial organizations are still poorly investigated in the literature, despite being at the center of a wide public and political debate. Moreover, the international comparative perspective adopted constitutes a further aspect of novelty.

scholarly journals Peculiarities of Usufruct in the Countries of Roman-German Law: Implementation of Best Practice in Ukrainian Law

2021 ◽  
Vol 4 (2) ◽  
pp. 61-80
Author(s):  
Roman A. Maydanyk ◽  
Nataliia I. Maydanyk ◽  
Natalia R. Popova
Keyword(s):  
The Netherlands ◽  
Best Practice ◽  
German Law ◽  
Civil Code ◽  
European Countries ◽  
Real Right ◽  
The Law

The article examines the features of usufruct in the European countries of Romano-Germanic law, determines the terms for the implementation of the best European practice of usufruct in the law of Ukraine. The law of European countries of continental law recognizes the usufruct as a real right of personal possession for use, which is considered an independent real right to another's property or a kind of easement. The peculiarities of usufruct in some countries of Romano-Germanic law, in particular in Germany, France, Georgia, Moldova and Russia, are researched. The peculiarities of usufruct in some countries of Romano-Germanic law, in particular in Germany, France, Poland, the Netherlands, Switzerland, Georgia, Moldova and Russia, are researched. The issues of usufruct implementation in the law of Ukraine are considered. The issues of usufruct implementation in the law of Ukraine are considered. The authors came to the conclusion that it is necessary to introduce the institute of usufruct into the Ukrainian law by supplementing the Civil Code of Ukraine with a new chapter “Uzufruct”, the framework provisions of which are proposed in this paper.

scholarly journals Ukraine’s experience in resolving the Balkan conflict

2021 ◽  
Vol 5 (S2) ◽  
pp. 785-794
Author(s):  
Viktoriia V. Ruda
Keyword(s):  
Foreign Policy ◽  
European Community ◽  
European Countries ◽  
Comparative Approach ◽  
Practical Implementation ◽  
National Sovereignty ◽  
The Status ◽  
Peripheral Areas ◽  
Development Prospects ◽  
Better Than

The development of a common foreign policy course and the creation of joint defence have become the main tasks of the European Community from the very beginning of its foundation, and the practical implementation of cooperation in these areas turns out to be rather difficult and runs into certain problems. Being part of the European Community, the member countries are aware of the necessity to pursue such a course in order to obtain the status of a full-fledged subject of international politics, but this does not deprive them of their fears about the loss of their national sovereignty and some foreign policy priorities. The purpose of the study is to study the process of formation and development of cooperation between Western European countries in the field of foreign policy, security and defence, as well as using the experience of the countries of the former Republic of Yugoslavia to resolve the situation on the territory of Ukraine. The comparative approach of peripheral areas emphasises the unsettled situation, which in some cases may seem better than internationally structured and is on the path of consolidation, while in other cases destabilization still strongly affects the development prospects of states.

scholarly journals The Divergence Hypothesis in Modernization Theory Across Three European Countries: the UK, Sweden and Greece

2009 ◽  
Vol 1 (1) ◽  
pp. 161-178 ◽  
Author(s):  
Stefania Kalogeraki
Keyword(s):  
Belief System ◽  
Secondary Data ◽  
European Countries ◽  
Comparative Approach ◽  
Greek Orthodox ◽  
The Social ◽  
Greek Orthodox Church ◽  
Individualistic Culture ◽  
The Uk ◽  
Research Show

Following a comparative approach it is argued that the modernizing trajectories of three European countries, i.e., the UK, Sweden and Greece were different, as the cultural heritages of the three countries under study, formed by specific historical, political and religious events have acted as a filter of their modernization processes and left an imprint on the prevailing values. England followed a type of modernization associated with “bourgeois revolutions”, Sweden was highly influenced by the popular belief system of solidarity of the political culture of Scandinavian nations and Greece, although increasingly modern, can be associated with a more traditional, top to bottom, version of modernization, highly influenced by the Greek Orthodox Church. Secondary data and empirical research show that the different modernizing paths in the three countries have formed their main cultural characteristics; the UK is portrayed as an individualistic culture,Sweden as an amalgamation of both individualism and collectivism, and Greece as a traditional and more collectivist one. As culture, in the Parsonian approach, acts as the binder of the social world it has functioned as a mediating mechanism, shaping the personality traits and social relationships among British, Swedish and Greek citizens in the direction of an individualistic and/or a collectivist ethos. Whilst the thesis of the article does not support the bipolarity of the “divergence” and “convergence” hypotheses it provides some evidence to the former suggesting that modernization does not always take a simple linear path providing no room for variations.

scholarly journals Framing Immigration and Illegal Immigration in the 2016 Presidential Campaigns: Comparing Donald Trump and Bernie Sander’s Position

2020 ◽  
Vol 7 (1) ◽  
pp. 9-22
Author(s):  
JIN YANG
Keyword(s):  
Human Rights ◽  
Illegal Immigration ◽  
News Coverage ◽  
Presidential Campaign ◽  
Illegal Immigrants ◽  
Function Approach ◽  
Immigration Reform ◽  
Donald Trump ◽  
Tv News ◽  
The U.S

This study compared the U.S. TV news coverage of Donald Trump’s and Bernie Sanders’ talking points on immigration in the 2016 presidential campaign. Utilizing six common frames on immigration in general and adopting framing’s function approach (which consists of definition, causes and solutions aspects of an issue or a topic under discussion) to illegal immigration, the study content analyzed 153 TV news transcripts. Trump's talking points highlighted the claim that immigrants were dangerous because they brought crimes to U.S., and they had to be deported and borders must be secured. Sanders’ talking points emphasized the idea of a nation of immigrants where even illegal immigrants should be entitled to basic human rights, and immigration reform constituted a better solution. The causes for illegal immigration, however, were largely marginalized in the TV news coverage. Keywords: Framing immigration, framing illegal immigration, framing’s function approach, 2016 U.S. presidential campaign, U.S. TV news coverage of election

scholarly journals PIDANA PENGAWASAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM DALAM SISTEM PEMIDANAAN DI INDONESIA

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Putu Suwarsa
Keyword(s):  
Criminal Law ◽  
Analytical Approach ◽  
Criminal Policy ◽  
Legal Protection ◽  
Comparative Approach ◽  
Legal Concept ◽  
Normative Approach ◽  
Positive Law ◽  
The Law

ABSTRACTThis research was conducted with the normative approach legislation. Factualapproach, analytical approach to the legal concept of a comparative approach in thecriminal judicial oversight of Children in Conflict with the Law in the criminal sistem inIndonesia.In formulating criminal law criminal policy oversight of Children in Conflict withthe Law in the guidance sistem of positive law in Indonesia, consists of 3 major topics:First, the substance of Children in Conflict with the Law into law in Indonesia, Second,Determination of sanctions / penalties against Children in Conflict with the Law inIndonesia's criminal law policy, Third, criminal oversight of Children in Conflict with theLaw and its relevance to the theory of punishment in modern criminal law in Indonesia.Criminal oversight of Children in Conflict with the Law as the integrative goals ofpunishment in accordance with the ideas and correctional sistem discussed 3 subjectsnamely: First, criminal oversight of anal naughty review of aspects of the integrativetheory of punishment, Second, Criminal oversight of Children in Conflict with the Lawreview of aspects of correctional sistem, Third, Criminal oversight of Children in Conflictwith the Law in terms of aspects of legal protection and benefit of the criminal lawrequirement for social welfare (children). And its application by all law enforcementcomponents and related institutions involved in handling cases of children in conflict withthe law in coaching children in prison.

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