Territorial Instability and the Right to a Livable Locality

2020 ◽  
Vol 42 (2) ◽  
pp. 189-207
Author(s):  
Simona Capisani ◽  
Keyword(s):  
Climate Change ◽  
Organizational Structure ◽  
Moral Obligation ◽  
Social Practice ◽  
The State ◽  
State System ◽  
Anthropogenic Climate Change ◽  
Territorial State ◽  
Environmental Background ◽  
The Right

Territory loss and uninhabitability characterize the current environmental background conditions of the international state system. Such conditions present pressing moral questions about our obligations to protect those who are displaced by anthropogenic climate change. By virtue of our participation in the territorial state system, understood as a social practice, we have principled grounds to address some of the consequences of the uninhabitability conditions brought on by climate change. By assuming territorial instability and employing a practice-based method of justification we can identify a fundamental, basic right protected under the state system—the right to a livable locality—which grounds a moral obligation to protect against climate change-induced displacement. Assuming territorial instability and uninhabitability compels us to recognize that the causes generating climate-displacement are not merely natural but rather deeply political and that displacement is a foreseeable failure that results because of the state system’s organizational structure.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

The Changing Ethics of Climate Change

2014 ◽  
Vol 28 (3) ◽  
pp. 351-358 ◽  
Author(s):  
Daniel Mittler
Keyword(s):  
Climate Change ◽  
Power Plant ◽  
Moral Obligation ◽  
Environmental Movement ◽  
Health Problems ◽  
Renewable Energies ◽  
Car Use ◽  
The Face ◽  
Speed Up ◽  
The Right

Many in the environmental movement have argued in recent years that in order to speed up climate actions we should take the ethics out of the climate change debate. Focusing on the moral obligation to act or on the effects of climate change on the most vulnerable was often judged to render the discourse too “heavy,” “negative,” or “difficult.” Many also deemed it unnecessary. After all, renewable energies, better designed cities that allow for reduced car use, and power plant regulations that lead to cleaner local air—to take just three examples—all have real and substantial benefits unrelated to the fact that they are “the right thing to do” in the face of climate change. They create jobs, reduce health problems and costs, and make society fitter.

scholarly journals Social justice and the formal principle of freedom

2017 ◽  
Vol 28 (2) ◽  
pp. 270-284
Author(s):  
Olga Nikolic ◽  
Igor Cvejic
Keyword(s):  
Social Justice ◽  
Moral Obligation ◽  
Significant Degree ◽  
The State ◽  
Legal Obligation ◽  
Free Society ◽  
Robert Nozick ◽  
Formal Principle ◽  
The Right ◽  
Friedrich Hayek

The aim of this paper is to show, contra the right-libertarian critique of social justice, that there are good reasons for defending policies of social justice within a free society. In the first part of the paper, we will present two influential right-libertarian critiques of social justice, found in Friedrich Hayek?s Law, Legislation and Liberty and Robert Nozick?s Anarchy, State and Utopia. Based on their approach, policies of social justice are seen as an unjustified infringement on freedoms of individual members of a society. In response to this critique, we will introduce the distincion between formal and factual freedom and argue that the formal principle of freedom defended by Hayek and Nozick does not suffice for the protection of factual freedom of members of a society, because it does not recognize (1) the moral obligation to help those who, without their fault, lack factual freedom to a significant degree, and (2) the legal obligation of the state to protect civic dignity of all members of a society. In the second part of the paper, we offer an interpretation of Kant?s argument on taxation, according to which civic dignity presupposes factual freedom, in order to argue that Kant?s justification of taxation offers good reasons for claiming that the state has the legal obligation to protect factual freedom via the policies of social justice.

scholarly journals IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-017/PUU-I/2003 TERHADAP PERLINDUNGAN HUKUM HAK DIPILIH

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
I Ketut Ngastawa
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
The State ◽  
The Body ◽  
State System ◽  
Court Decision ◽  
Constitutional Court ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Right

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.

scholarly journals State system of intellectual property protection in Ukraine: development trends in modern conditions

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Svitlychnyi Oleksandr ◽  
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Intellectual Property Protection ◽  
The State ◽  
State System ◽  
International Standards ◽  
System Structure ◽  
Basic Law ◽  
Constitutional Right ◽  
The Right

Today, the protection of intellectual property rights and legitimate interests of citizens is guaranteed by Article 55 of the Constitution of Ukraine, which provides and guarantees to everyone who uses all national forms of legal protection, protection of rights and freedoms in court. According to the second part of Art. 124 of the Basic Law, the jurisdiction of the courts extends to any legal dispute and all legal relations arising in the state. In addition to the constitutional right to administrative and judicial protection of intellectual property, the rules of special legislation in the field of intellectual property also determine other types of protection. In particular, part of the first article. 52 of the Law of Ukraine «On Copyright and Related Rights», to protect their copyrights and (or) related rights, entities have the right in accordance with the established procedure to apply to the court and other authorities in accordance with their competence. It is emphasized that the specifics of the protection of intellectual property is that there may be different ways to protect the violated subjective right to choose the person whose rights are violated. Today, the state system of intellectual property protection in Ukraine has an extensive system of state bodies involved in ensuring the protection of intellectual property. Based on the analysis of normative legal acts and scientific opinions, the article analyzes the activities of public administration entities in the field of intellectual property protection (Ministry for Development of Economy, Trade and Agriculture, National Intellectual Property Authority, Ukrainian Institute of Intellectual Property, Department of Intellectual Property). It is noted that in connection with the reorganization of the state system of intellectual property protection, instead of a three-tier structure, a two-tier structure is proposed. It is established that the current standing of the state system of intellectual property protection does not fully comply with international standards and principles in the field of intellectual property. It is proved that the presented state system of intellectual property protection contains significant shortcomings, the ways of improvement its activities are proposed. Keywords: state system, structure, protection, intellectual property, functions, improvement

scholarly journals PENGUASAAN TANAH MASYARAKAT HUKUM ADAT (SUATU KAJIAN TERHADAP MASYARAKAT HUKUM ADAT TERNATE)

2011 ◽  
Vol 11 (1) ◽  
Author(s):  
Husen Alting
Keyword(s):  
Key Words ◽  
Public Interest ◽  
Government Policy ◽  
The State ◽  
State System ◽  
Land Acquisition ◽  
State Constitution ◽  
The Government ◽  
The Right ◽  
Adat Law

Land acquisation by the community of adat law tends to leave out. This condition caused by the government policy before which has no attention to the development of land acquisition of the adat community. According that policy, all land are owned by the State, especially when its issue is about the government and bussiness interest. Reformation has changed the State system related to land acquisition, where the position of adat law community is diclared explicitly in the State constitution. The position of adat law community is agreed as long as not contradicted wiht public interest. The tale of seeking the existency of adat law community and the right of adat land acquisition shows that acquisition, mechanism and the area of adat law community still exist and have different characteristic between one and another. So that, State and the government should give protection and agreement to the right of adat law community as well as local wisdom as stated in its constitution. Key words: Land acquisation, right of adat community, adat law

scholarly journals Kepemilikan Individu Menurut Islam

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Muhammad Zaki
Keyword(s):  
Distributive Justice ◽  
Moral Obligation ◽  
The State ◽  
Public Ownership ◽  
The Individual ◽  
The Right ◽  
Individual Ownership

Abstract: Islam has set the terms of ownership, whether public ownership, the individual and the state. By law, individuals are entitled to have, enjoy, and transfer of wealth, but people also have a moral obligation to spend in his property. Permissibility of individual ownership is an attempt to achieve distributive justice in real terms, and maintaining a balance in economic matters. Ownership system in Islam has many different features and systems of capitalism and communism, because Islam provides a balance between the opposites can be overstated by both the School of Economics. Although Islam gives rights to individuals to possess wealth, but the state has the right to regulate the ownership of individual interventions with the provisions outlined by the Islamic shariah.Keywords: Individual Ownership, Capitalism, SocialismAbstrak: Islam telah mengatur ketentuan kepemilikan, baik kepemilikan umum, individu maupun negara. Secara hukum, individu berhak untuk memiliki, menikmati, dan memindahtangankan kekayaan, akan tetapi individu juga memiliki kewajiban moral untuk menginfakkan hartanya. Kebolehan kepemilikan individu merupakan upaya untuk mencapai keadilan distributif secara riil, dan menjaga keseimbangan dalam masalah ekonomi. Sistem kepemilikan dalam Islam memiliki banyak keistimewaan dan berbeda dengan sistem kapitalisme dan komunisme, karena Islam memberikan keseimbangan antara hal-hal berlawanan yang terlalu dilebih-lebihkan oleh kedua mazhab ekonomi tersebut. Walaupun Islam memberikan hak kepada individu untuk memiliki kekayaan, namun negara memiliki hak intervensi untuk mengatur kepemilikan individu dengan ketentuan-ketentuan yang telah digariskan oleh syari’at Islam.Kata kunci: Kepemilikan Individu, Kapitalisme, Sosialisme

scholarly journals A Framework for Compensating Climate Change Damages

Philosophia ◽  
2020 ◽  
Author(s):  
Joachim Wündisch
Keyword(s):  
Climate Change ◽  
Anthropogenic Climate Change ◽  
Free Movement ◽  
Collective Migration ◽  
Mass Migration ◽  
The Right ◽  
Climate Change Damages

Abstract Anthropogenic climate change is expected to contribute to mass migration from many different regions. Heyward and Ödalen (2016) propose a tailor-made migration option for victims of total territorial loss: a Free Movement Passport for the Territorially Dispossessed (PTD). The PTD presents a significant advancement over standard proposals for individual migration in response to total territorial loss. However, I argue that the compensatory obligations of states are more restrictive than the PTD scheme assumes (sec. 5), and that the contents of the right to compensation of the territorially dispossessed are not as far-reaching as required by it (sec. 6). In response to these difficulties, I argue that its purpose is better served by means of collective migration and propose a Passport for Territorially Dispossessed Collectives, which is also well positioned to serve as a framework for compensating a range of other climate-change related losses (sec. 9).

scholarly journals The Ethics of Climate Nudges: Central Issues for Applying Choice Architecture Interventions to Climate Policy

2021 ◽  
pp. 1-18
Author(s):  
Helena SIIPI ◽  
Polaris KOI
Keyword(s):  
Climate Change ◽  
Climate Policy ◽  
The State ◽  
Choice Architecture ◽  
Ethical Considerations ◽  
The Right ◽  
Climate Crisis

While nudging has garnered plenty of interdisciplinary attention, the ethics of applying it to climate policy has been little discussed. However, not all ethical considerations surrounding nudging are straightforward to apply to climate nudges. In this article, we overview the state of the debate on the ethics of nudging and highlight themes that are either specific to or particularly important for climate nudges. These include: the justification of nudges that are not self-regarding; how to account for climate change denialists; transparency; knowing the right or best behaviours; justice concerns; and whether the efficacy of nudges is sufficient for nudges to be justified as a response to the climate crisis. We conclude that climate nudges raise distinct ethical questions that ought to be considered in developing climate nudges.

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