Das Recht auf Asyl bei Emer de Vattel 1758: unvollkommenes Recht, vollkommenes Recht, Menschenrecht

2021 ◽  
Vol 7 (3) ◽  
pp. 225-254
Author(s):  
Rainer Keil
Keyword(s):  
Ronald Dworkin ◽  
Human Right ◽  
Moral Legitimacy ◽  
Self Help ◽  
Perfect Duties ◽  
Xxist Century ◽  
Recent Debate ◽  
The Difference ◽  
The Right ◽  
Specific Country

When, within the framework of a highly controversial debate of the early 1990s in Germany on the right to asylum, Winfrid Brugger argued, a human right to asylum could not be based on sound reason, he referred to the supposed impossibility of an imputation of the plight of refugees to certain foreign states. In more recent debates, similar arguments have been brought forward and formulated as a problem of imperfect or perfect duties and rights. Much earlier, in 1758, Emer de Vattel already had discussed the right to asylum as a right that has aspects of both an imperfect right and a perfect right. This has mostly been ignored in the recent debate. In this article, I try to show how de Vattel reasoned. His argumentation limited the otherwise strong sovereignty of states by referring to the reasons of the moral legitimacy of their powers. This led him to the result that the per se perfect right to asylum, imperfect in relation to specific states, can, if states collectively fail to admit a refugee in urgent danger, become a claim against a specific country in the shape of a perfect right to self-help. I will briefly try to reconstruct some of de Vattel‘s ideas with concepts of Ronald Dworkin and Robert Alexy. The difference between Dworkin’s rule and Alexy’s Regel becomes relevant for understanding de Vattel’s perfect and human right to asylum. In the end, I will briefly investigate how much of de Vattel’s thought depends on assumptions a XXIst century thinker would probably not be ready to suppose any more. It will become clear that de Vattel’s thought on asylum is mostly independent from rather controversial assumptions of his work; it fits rather well to some recent approaches limiting sovereignty by human rights and concepts of territorial justice.

Participation and Representation of the Municipalities in the Organization of Integrated Water Service in Italy. Some Thoughts

2019 ◽  
Vol 76 (3-4) ◽  
pp. 171-179
Author(s):  
Bruno Mercurio
Keyword(s):  
Water Management ◽  
Human Consumption ◽  
Organizational Models ◽  
Regulatory Evolution ◽  
Human Right ◽  
Water Service ◽  
The Third ◽  
Private Participation ◽  
Recent Debate ◽  
The Right

The right to water is a social right because it requires the State to guarantee the enjoyment of the resource for all. In the last thirty years, the Italian legal system has dealt with harmonizing the regulation of the protection and management of water through a rethinking of public functions and tools for planning of uses and management of water resources. The work, after reconstructing the water as a human right, deals with the regulatory evolution towards water advertising. In the third and fourth sections, it deals with the problems of the organization of integrated water service and its organizational models. In the conclusions, the organizational aspects of the integrated water service are considered central, unjustly neglected, in the most recent debate. The structure of government levels (government) and private participation in water resource choices destined for human consumption (governance) are, in fact, decisive for the implementation of a democratic model in water management that today seems to be for the most recent national and regional regulatory choices formally close and yet far from the local model in a more adequate unitary form.

scholarly journals INDIVIDUAL ARREST TECHNIQUES THAT CAN BE USED BY POLICE OFFICERS ACCORDING TO THE SCANDINAVIAN MODEL OF PUBLIC ORDER AND SECURITY DURING A PUBLIC EVENT VIOLATION

2021 ◽  
Vol 12 (2) ◽  
pp. 107-112
Author(s):  
Nazarii Tuz ◽  
◽  
Mykhailo Shevtsiv ◽  
Keyword(s):  
Police Officers ◽  
Human Life ◽  
Public Order ◽  
Human Right ◽  
Professional Activities ◽  
The Difference ◽  
The Right ◽  
National Police ◽  
Legal Grounds ◽  
Mass Events

The article examines the issues of detention of individuals who can be used in their professional activities by police officers following the Scandinavian model of public order and security during violations of the order of mass events. Sometimes, during violations of the relevant mass events, police officers must counteract such conduct which violates certain rights and freedoms of others, which behave peacefully, calmly, in accordance with the clear rules provided for by national and international law. In some places, in order to stop the above-mentioned acts, the police are forced to apply, on legal grounds, coercive measures, which are provided by the Law of Ukraine “On the National Police”. However, it must always be borne in mind that the right to peaceful assembly is a fundamental human right and the use of force must be kept to a minimum so as not to harm human life or health and to restore public order and safety. Dialogue and conversation between police officers are important in detaining people who violate public order and security, as well as for those who are nearby during various types of gatherings. Here we need to understand the message, the reasons or motives for the detention, and, in general, the attempt to communicate and talk to the detainee. Detention of persons, quite often, is an effective way to ensure the order of peaceful assemblies, to ensure the realization of citizens' rights to peaceful assemblies. Detention can be carried out by personnel - police officers in uniform, and officers who perform their duties in ordinary, casual clothes. Police officers often detain people for various types of offenses. The difference between ordinary detention and detention during demonstrations is in the presence of certain factors that need to be addressed.

scholarly journals HAK ATAS KEBEBASAN BEREKSPRESI DAN BERPENDAPAT DI INDONESIA DENGAN DI AMERIKA SERIKAT

2020 ◽  
Vol 20 (1) ◽  
pp. 43
Author(s):  
Muhammad Roqib ◽  
Happy Anugraha Sutrisno Putra ◽  
Anwar Noris ◽  
Hotma Parlindungan Ambarita
Keyword(s):  
United States ◽  
United States Of America ◽  
Freedom Of Expression ◽  
Bill Of Rights ◽  
Human Right ◽  
Declaration Of Independence ◽  
Law System ◽  
The Difference ◽  
The Right

<p>The right to freedom of expression and opinion is the right to freely express beliefs and opinions through words (spoken), written, printings, pictures, and certain media. But unfortunately, this right is often misused. An old maxim once said: <em>neminem loedit qui suo iure utitur</em> which means “he who uses a right injures no one”. Based on the maxim, a thought has been developed that use of right or authority must be an act according to law, so it is not at once caused an unlawful action. The question of this study compares legals norm between the right to freedom of expression and opinion in Indonesia and United States of America (USA). This study aims to find out the difference between legals norm of right to freedom of expression and opinion towards law system in Indonesia and USA. The right to express and hold opinion both in Indonesia and USA has been recognized as human right under the constitution. Furthermore, the right to freedom of expression and opinion in USA is protected under Virginia Bill of Rights document (June 12, 1776), Declaration of Independence (July 4, 1776), and the Act. While in Indonesia it is guaranteed by Article 28, Article 28E paragraph (2), Article 28E paragraph (3) and Article 28F in Indonesian Constitution 1945. Any restrictions on freedom of expression and opinion in USA is prescribed by court judgement, for example the case of Schenk vs US (1919) and Whitney vs California (1919). Whereas in Indonesia, limitations on the right to freedom of expression and opinion is regulated by some statutes.</p>

scholarly journals The right to life in the system of constitutional rights and freedoms of individual and citizen

2021 ◽  
Vol 2021 (1) ◽  
pp. 37-41
Author(s):  
Oleg Amel'chakov
Keyword(s):  
Civil Rights ◽  
The Other ◽  
Constitutional Rights ◽  
Right To Life ◽  
Human Right ◽  
The Difference ◽  
Constitutional Right ◽  
Set Up ◽  
Definition Of ◽  
The Right

The right to life is traditionally recognized as a natural and inalienable right of any person and citizen. It is intrinsically connected with realization of other rights and liberties. The aim of the article is to clarify the concept and the essential nature of the constitutional right to life, to define its place in the system of fundamental human and civil rights and liberties. The article analyses constitutional rights, reveals the difference from the other human and civil rights and liberties and analysis other approaches of constitutional rights theoretic to the definition of the notion «right to life» as a constitutional right. The research gives the monitoring of the main statutory documents that defines the legal «understructure» of fixation and content of the notion «right to life» and the review of the foreign constitutional statutory documents that are devoted to the different aspects of law. Based on the results of the research a conclusion was made that the right to life takes a special place in the system of the constitutional rights and freedoms. The right to life is the inherent human right and this is admitted on the international level. Being fundamental in nature, it is based on the constitutional norms and principles, which set up uniformity of appliance and mechanisms for ensuring and protecting the right to life.

Legal Update: North Dakota Supreme Court: Third Edition of Guides is “Most Current”

1999 ◽  
Vol 4 (1) ◽  
pp. 6-7
Author(s):  
James J. Mangraviti
Keyword(s):  
Internal Rotation ◽  
External Rotation ◽  
Measurement Techniques ◽  
Fourth Edition ◽  
Hip Motion ◽  
The Difference ◽  
The Right ◽  
Hip Flexion ◽  
Hip Rotation ◽  
Hip Extension

Abstract The accurate measurement of hip motion is critical when one rates impairments of this joint, makes an initial diagnosis, assesses progression over time, and evaluates treatment outcome. The hip permits all motions typical of a ball-and-socket joint. The hip sacrifices some motion but gains stability and strength. Figures 52 to 54 in AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), Fourth Edition, illustrate techniques for measuring hip flexion, loss of extension, abduction, adduction, and external and internal rotation. Figure 53 in the AMA Guides, Fourth Edition, illustrates neutral, abducted, and adducted positions of the hip and proper alignment of the goniometer arms, and Figure 52 illustrates use of a goniometer to measure flexion of the right hip. In terms of impairment rating, hip extension (at least any beyond neutral) is irrelevant, and the AMA Guides contains no figures describing its measurement. Figure 54, Measuring Internal and External Hip Rotation, demonstrates proper positioning and measurement techniques for rotary movements of this joint. The difference between measured and actual hip rotation probably is minimal and is irrelevant for impairment rating. The normal internal rotation varies from 30° to 40°, and the external rotation ranges from 40° to 60°.

Implementasi Sistem Informasi Monitoring Pengolahan Data Inventory Gudang Pada PT.Talaga Mulya Indah

2020 ◽  
Vol 6 (2) ◽  
pp. 187-197
Author(s):  
Nurlaila Suci Rahayu Rais ◽  
Dedeh Apriyani ◽  
Gito Gardjito
Keyword(s):  
Data Processing ◽  
Integrated Control ◽  
Unified Modeling Language ◽  
Review Literature ◽  
Analysis Method ◽  
Inventory Data ◽  
Literature Study ◽  
Unified Modeling ◽  
The Difference ◽  
The Right

Monitoring of warehouse inventory data processing is an important thing for companies. PT Talaga mulya indah is still manual using paper media, causing problems that have an effect on existing information, namely: problems with data processing of incoming and outgoing goods. And the difference between data on the amount of stock of goods available with physical data, often occurs inputting data more than once for the same item, searching for available data, and making reports so that it impedes companies in monitoring inventory of existing stock of goods. Which aims to create a system that can provide updated information to facilitate the warehouse admin in making inventory reports, and reduce errors in input by means of integrated control. In this study, the authors used the data collection method used in this analysis using the method of observation, interviews, and literature review (literature study). For analysis using the PIECES analysis method. Furthermore, the system design used is UML (Unified Modeling Language). The results of this study are expected to produce the right data in the process of monitoring inventory data processing, also can provide the right information and make it easier to control the overall availability of goods.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

Konsep Pemerintahan Religius dan Demokrasi Menurut Abdul Karim Soroush dan Ayatullah Khomeini

2013 ◽  
Vol 3 (2) ◽  
pp. 438-473
Author(s):  
M. Heri Fadoil
Keyword(s):  
Religious System ◽  
Islamic Jurisprudence ◽  
Ayatollah Khomeini ◽  
The Difference ◽  
The Government ◽  
The Right

Abstract: Abdul Karim Soroush judges that religious rule is incorrect assessment of the application of Islamic jurisprudence. In a religious society, Islamic jurisprudence obtains the right to govern. It is, of course, necessary to establish a kind of Islamic jurisprudence-based religious rule. Soroush firmly rejects it because such interpretation is too narrow. As for democracy, Soroush argues that the system used is not necessarily equal to that of the Western. On the contrary, Ayatollah Khomeini’s thoughts on religious rule are reflected in the so called wilayat al-faqih. It is a religious scholar-based government. Democracy, according to him, is the values of Islam itself, which is able to represent the level of a system to bring to the country’s progress. Principally, there are some similarities between the ideas of Ayatollah Khomeini and those of Abdul Karim Soroush in term of religiosity. They assume that it is able to sustain the religious system of government. The difference between both lies on the application of religiosity itself. Ayatollah Khomeini applies the concept of a religious scholar-based government, while Abdul Karim Soroush rejects the institutionalization of religion in the government or state.Keywords: Governance, democracy, Abdul Karim Soroush, Ayatollah Khomeini

Our Bodies, Whose Property?

2013 ◽  
Author(s):  
Anne Phillips
Keyword(s):  
Labor Markets ◽  
Personal Autonomy ◽  
The Body ◽  
Body Parts ◽  
Complex Issue ◽  
Human Organs ◽  
Property Owners ◽  
The Common ◽  
The Difference ◽  
The Right

No one wants to be treated like an object, regarded as an item of property, or put up for sale. Yet many people frame personal autonomy in terms of self-ownership, representing themselves as property owners with the right to do as they wish with their bodies. Others do not use the language of property, but are similarly insistent on the rights of free individuals to decide for themselves whether to engage in commercial transactions for sex, reproduction, or organ sales. Drawing on analyses of rape, surrogacy, and markets in human organs, this book challenges notions of freedom based on ownership of our bodies and argues against the normalization of markets in bodily services and parts. The book explores the risks associated with metaphors of property and the reasons why the commodification of the body remains problematic. The book asks what is wrong with thinking of oneself as the owner of one's body? What is wrong with making our bodies available for rent or sale? What, if anything, is the difference between markets in sex, reproduction, or human body parts, and the other markets we commonly applaud? The book contends that body markets occupy the outer edges of a continuum that is, in some way, a feature of all labor markets. But it also emphasizes that we all have bodies, and considers the implications of this otherwise banal fact for equality. Bodies remind us of shared vulnerability, alerting us to the common experience of living as embodied beings in the same world. Examining the complex issue of body exceptionalism, the book demonstrates that treating the body as property makes human equality harder to comprehend.

Water for Life

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Urban Areas ◽  
Water Policy ◽  
State Capacity ◽  
National Level ◽  
Human Right ◽  
Political Will ◽  
Water And Sanitation ◽  
The Right

Chapter 5 provides a case study of the human rights-based approach to water policy through an analysis of the Bolivian government’s attempts to implement the human right to water and sanitation. It explores these efforts at the local and national level, through changes to investments, institutions, and policies. The analysis reveals that while Bolivia meets the minimum standard for the human right to water and sanitation in some urban areas, access to quality water is low in poor and marginalized communities. While the Bolivian government expresses a strong political will for a human rights approach and is increasing state capacity to fulfill rights, the broader criteria for the right to water and sanitation, including citizen participation and democratic decision-making, remain largely unfulfilled. This case suggests political will and state capacity might be necessary but are not sufficient to fulfill the human right to water and sanitation broadly defined.

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