POLITIČKA VOLjA KAO CONDICIO SINE QUO NON IMPLEMENTACIJE MEĐUNARODNIH ANTIKORUPCIONIH KONVENCIJA – OSVRT NA KONVENCIJU UJEDINjENIH NACIJA PROTIV KORUPCIJE

2021 ◽  
pp. 255-276
Author(s):  
Branislav Simonović ◽  
Keyword(s):  
Developing Countries ◽  
United Nations ◽  
Political Will ◽  
Satisfactory Level ◽  
United Nations Convention ◽  
The United Nations

International anti-corruption conventions are of great importance for building universal standards aimed at combating corruption. Despite the fact that most countries have ratified regional anti-corruption conventions and the universal - UN Convention against Corruption, the implementation of conventions in developing countries is not at a satisfactory level. One of the biggest challenges is the lack of political will to fight corruption. This paper analyzes some systemic weaknesses of the United Nations Convention against Corruption regarding ambiguity, vagueness and optionality in the application of some norms of the convention, as well as weaknesses in the system of monitoring the implementation of the convention, which do not contribute to improving political will to fight corruption.

scholarly journals Enhanced Fishing Rights under the United Nations Convention on the Law of the Sea, 1982: The Challenges Confronting Developing Countries

2020 ◽  
Vol 7 (2) ◽  
pp. 145-163
Author(s):  
Vincent Iwunze
Keyword(s):  
Developing Countries ◽  
United Nations ◽  
Law Of The Sea ◽  
Minor Role ◽  
Marine Fisheries ◽  
Fishing Rights ◽  
Fisheries Resources ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Prior to the adoption of the United Nations Convention on the Law of the Sea (UNCLOS) in 1982, fisheries played only a minor role in the economies of most developing countries. Fisheries resources in waters adjacent to the coasts of many developing countries were largely exploited by fishers from the developed nations of the world who had the requisite technologies for deep-sea fishing. These technologies were lacking in developing countries, resulting in sub-optimal marine fishing. However, the adoption of UNLCOS in 1982 introduced novel principles for the governance of marine fisheries. It was widely believed that these innovations would enhance and stabilise fishing rights, redistribute income from marine fisheries to the advantage of developing countries and reduce the incidents of international conflicts concerning fishing rights. This paper critically examines the various ways through which UNCLOS has enhanced and stabilised fishing rights for the benefit of all States, especially developing countries. It asserts that due to various challenges that continue to confront developing countries with respect to the utilisation of marine fisheries, the benefits anticipated to accrue to them under UNCLOS have remained elusive throughout the thirty years since the Convention was adopted. The paper makes suggestions for the improvement of fisheries resources utilisation among developing countries.

Australia and People Seeking Asylum who Arrive by Boat

2018 ◽  
pp. 518-536
Author(s):  
Caroline Fleay
Keyword(s):  
Political Parties ◽  
United Nations ◽  
Government Policies ◽  
The Past ◽  
The People ◽  
The Status ◽  
Repeated Use ◽  
United Nations Convention ◽  
The United Nations

Throughout the past forty years various leaders from both major political parties in Australia have categorized the arrival by boat of people seeking asylum as a “crisis” and the people themselves as “illegal.” This is despite Australia being a signatory to the United Nations Convention Relating to the Status of Refugees, and receiving relatively few people who seek asylum compared with many other countries. Punitive government policies and processes have further reinforced these representations, such that “crisis” and “illegal” can now be understood as both categories of analysis and practice. The repeated use of such categories may be helping to produce and reproduce prejudice and racism and obscure the needs and experiences of people seeking asylum.

Stepping back from the brink: Why multilateral regulation of autonomy in weapons systems is difficult, yet imperative and feasible

2020 ◽  
Vol 102 (913) ◽  
pp. 235-259
Author(s):  
Frank Sauer
Keyword(s):  
United Nations ◽  
Arms Control ◽  
Use Of Force ◽  
Human Control ◽  
Conventional Weapons ◽  
United Nations Convention ◽  
The United Nations ◽  
The Military ◽  
Weapons Systems

AbstractThis article explains why regulating autonomy in weapons systems, entailing the codification of a legally binding obligation to retain meaningful human control over the use of force, is such a challenging task within the framework of the United Nations Convention on Certain Conventional Weapons. It is difficult because it requires new diplomatic language, and because the military value of weapon autonomy is hard to forego in the current arms control winter. The article argues that regulation is nevertheless imperative, because the strategic as well as ethical risks outweigh the military benefits of unshackled weapon autonomy. To this end, it offers some thoughts on how the implementation of regulation can be expedited.

The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate

2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.

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