Compliance with International Law on Trafficking by the Philippines: A Critical Analysis

2014 ◽  
Vol 8 (1) ◽  
Author(s):  
MARIESTHER B. VEDAÑA
Keyword(s):  
Content Analysis ◽  
International Law ◽  
Critical Analysis ◽  
State Department ◽  
The Philippines ◽  
Trafficking In Persons ◽  
Legal Documents ◽  
Minimum Standards

Trafficking in persons refers to any kind of human exploitation with or withoutconsent of the victim. Prior to the UN’s Trafficking Protocol in 2000 almost allof the States did not have a particular law specifically defining and addressingtrafficking in persons. The paper aims to analyze how the Philippines has compliedwith the provisions of the UN Trafficking Protocol through the discussion of itsprovisions and the minimum standards stated in the related provisions of the USTrafficking Victims Protection Act (TVPA) and the pertinent provisions of R.A.No. 9208 Philippine Law on Trafficking. The effectivity of the implementation ofthe Philippine Trafficking law as shown in the reports of the Inter-Agency CouncilAgainst Trafficking in Persons (IACAT) in the Philippines and the reports of theUS State Department shall also be discussed. The researcher analyzed descriptivelythe legal documents and data gathered. The results showed the Philippines has not been fully complying to the provisions and standards set forth in the UNTrafficking Protocol and the TVPA. It is therefore, necessary for the Philippinesto show not just efforts to eradicate trafficking but also take further action on the same.Keywords: Trafficking in persons laws, UN Trafficking Protocol, content analysis,Philippines

scholarly journals Non-refoulement and Right of Entry for Asylum-seekers

2021 ◽  
Vol 29 (S2) ◽  
Author(s):  
Syafiq Sulaiman ◽  
Salawati Mat Basir ◽  
Abdul Majid Hafiz Mohamed ◽  
Muhammad Afiq Ahmad Tajuddin
Keyword(s):  
Content Analysis ◽  
International Law ◽  
Critical Analysis ◽  
Asylum Seekers ◽  
Legal Aspects ◽  
Legal Research ◽  
The Right ◽  
Domestic Law

This article examines two questions: first, whether the Malaysian law regarding admission of asylum-seekers into its territory is consistent with international law, and second, whether the asylum-seekers who are already residing in Malaysia can be deported back to their places of origins. In answering these questions, this article analyses the legal aspects of the right to seek asylum under international law and its relation to the rule on non-refoulement. Additionally, it also examines the relevant provisions in the Malaysian legislations that regulate the admission of non-citizens into the country. This study is doctrinal legal research which is qualitative. The data used in this research was collected from library-based resources. These data were then analysed by using methods of content analysis as well as critical analysis. The article found that there are inconsistencies between international law and Malaysian law in matters concerning asylum-seeker’s admission and those asylum-seekers in Malaysia should not be deported. Therefore, this study suggests that Malaysia should amend the provisions in the Immigration Acts 1959/1963 and the Passports Act 1966. However, if the amendment of these legislations is not practical, it suggests that the Minister in charge of immigration affairs to make an order of exemption to the asylum-seekers so that their entry at the border would not be denied. This article shows that despite states’ firm belief that they are entitled to use domestic law to deny the admission of asylum-seekers into their territory, international law provides a few mechanisms to remedy the legal loopholes.

The International IP System: From Continuity to Resilience

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Nineteenth Century ◽  
Intellectual Property ◽  
International Law ◽  
Revolutionary Change ◽  
Minimum Standards ◽  
Multilateral System ◽  
Common Goals ◽  
The Common ◽  
Relationship Of

This chapter looks at how rule-relations within the international intellectual property (IP) system have developed from continuity (in constantly raising minimum standards) to resilience (against certain forms of increasing protection). It considers the evolution of the international IP system from the nineteenth century onwards, examining how each succeeding changes and additions to the system had established a relationship of continuity which integrates existing standards and adds new ones. The chapter then turns to the emergence of another revolutionary change. The integral nature of the common goals established in TRIPS’ object and purpose creates a form of ‘resilience’ of the multilateral system over attempts for inter-se modifications. Moreover, international law has appropriate tools so that those charged with applying, implementing, and interpreting multilateral IP norms can give effect to this resilience both in relations of interpretation and relations of conflict.

scholarly journals Rethinking the Issue of Non-Compensability of Civilian Losses Caused by Security Forces During Non-International Armed Conflicts: The Case of the Marawi Crisis in the Philippines

2018 ◽  
Vol 26 (1) ◽  
pp. 7
Author(s):  
Norhabib Bin Suod Sumndad Barodi
Keyword(s):  
International Law ◽  
Final Analysis ◽  
The Philippines ◽  
Armed Conflicts ◽  
Security Forces ◽  
Property Losses ◽  
Legal Contexts ◽  
Philippine Government ◽  
Ultimate Objective ◽  
Domestic Law

The terrorism element attendant in an armed conflict does not alter its destructive nature vis-à-vis civilian properties. One example is the Marawi crisis where the Philippine security forces, in response to the threat to national security, territorial integrity, and sovereignty, resorted to aerial bombings and shelling of private buildings, residential houses, and masajid infiltrated by local terrorists, resulting in the destruction of these civilian properties. This article addresses the issue of non-compensability of these civilian property losses. Arguments in favour of and against non-compensability are presented against the backdrop of the concept of reparations in both international law and Philippine domestic law. Based on existing legal realities in Philippine domestic law and jurisprudence, this article finds that reparations in the form of compensation in the context of the Marawi crisis may not be imposed upon the Philippine government as a legal obligation. However, Philippine domestic law and jurisprudence likewise provides for sufficient grounds that reparations in the form of compensation has become the moral obligation of the Philippine government, which it must pursue in the name of justice under a regime of rule of law. Yet ironically, while justice especially during the transition is the ultimate objective of reparations both in its moral and legal contexts, it is only in the latter context that reparations may be pursued judicially. In the final analysis, the non-compensability issue, though a legal one, is a question of choice on the part of the Philippine government.

scholarly journals Socio-cultural condition of modern relations of Ukraine and Canada

2019 ◽  
pp. 25-28
Author(s):  
В.В. Михайлюк
Keyword(s):  
International Relations ◽  
International Law ◽  
Positive Impact ◽  
Political Life ◽  
Interstate Relations ◽  
Legal Documents ◽  
Monographic Study ◽  
International Perspectives ◽  
The Right ◽  
Cultural Components

The author relied on the research of his predecessors and determined his own purpose of the study: to analyze the state of socio-cultural and cultural-humanitarian relations of Ukraine and Canada, to identify trends and their peculiarities in the context of general interstate and international relations of friendly countries. Emphasis is placed on the fact that the interstate relations in the defined field of research were based on the relevant legal documents of international law and treaties and other legal acts of each state. With regard to international relations, the author distinguishes it as such as the Ukrainian diaspora in Canada had and has its own peculiarities. This community is now one of the most significant in the world in its quantitative and qualitative relations, in political, socio-cultural and cultural-humanitarian influence. Therefore, in an advanced democracy of Canadian society, Ukrainians began to take the place of not only "aliens without rights", but also for many years prior to today, became active participants not only in the cultural, humanitarian, but also socio-economic and political life of Canada, which had a positive impact on socio-cultural and other relations. This is emphasized not only by the Ukrainian but also the Canadian side. Therefore, the study of socio-cultural and humanitarian-cultural components of relations between Ukraine and Canada has the right to exist. At the same time, it emphasizes the relevance and scientific novelty of the research topic. The problem under consideration is multifaceted, covering many aspects. In this study, only partial consideration of Ukraine-Canada relations in interstate and international perspectives has been studied. The importance of international and interstate relevant structures in terms of their influence on relations is emphasized. At the same time, in the author's opinion, it requires a detailed monographic study of the problem: the relation of Canada's role with Ukraine in the system of the "blocked" world.

scholarly journals Improving state policy on forest fire prevention and extinguishing: administrative and legal aspects

2021 ◽  
pp. 177-184
Author(s):  
M. V. Oleynik
Keyword(s):  
Content Analysis ◽  
Forest Fires ◽  
State Policy ◽  
Legal Aspects ◽  
Disaster Medicine ◽  
The State ◽  
Emergency Situations ◽  
Legal Documents ◽  
Key Points ◽  
Forest Fire Prevention

In this article, an attempt is made to analyze the existing legal mechanisms for the formation of the state system for the prevention and elimination of forest fires, to outline ways to improve state policy in this area. The author presents the results of the analysis of the content of text arrays of normative legal acts regulating the prevention and elimination of forest fires. disaster Medicine of the Ministry of Defense of the Russian Federation. The genesis of legislative acts reflecting the functions of the state to protect the population and territories from emergency situations is carried out. With the help of content analysis, the characteristics of various governing documents in the field under consideration are given. The main key points contained in the analyzed documents are shown. The positive and negative sides, as well as contradictions affecting the functioning of the RSChS and the functional subsystem of the Federal Forestry Agency for the protection of forests from fires and their protection from pests and forest diseases are revealed. The qualitative approach of content analysis allowed us to determine the content of problematic issues that are poorly reflected in regulatory legal documents, or have a logical contradiction when compared with each other. The proposals for improving the state policy in the field of prevention and elimination of forest fires in Russia are substantiated.

scholarly journals El binomio discapacidad-enfermedad: un análisis crítico / The Disability-Disease Pairing: A Critical Analysis

2012 ◽  
Vol 1 (1) ◽  
Author(s):  
Francisco Guzmán Castillo
Keyword(s):  
Critical Analysis ◽  
Chronically Ill ◽  
Medical Rehabilitation ◽  
Legal Documents ◽  
Medical Gaze ◽  
The Social ◽  
Long Time ◽  
As If

ABSTRACTDisease and disability are two concepts closely linked for a long time, so that the second seems to be merely a consequence of the first. Even today both realities are treated as if they were the same thing in many public contexts and legal documents. However, this link between disease and disability is not as unavoidable as is often implied. According to the approach outlined in this paper it comes to different realities that are interpreted as part of the same thing under the code of the medical gaze. This paper presents and critically analyzes the archaeological origin of the interpretation of the person with disabilities and chronically ill in the discourse called «medical rehabilitation». Under this paradigm is imposed on the person with disabilities the social mandate to rehabilitate and/or cure to, so, be reintegrated and contribute to society. Otherwise, will be doomed to exclusion.RESUMENEnfermedad y discapacidad son dos conceptos estrechamente vinculados entre sí desde hace mucho tiempo, de manera que la segunda no parece más que una consecuencia de la primera. Aún hoy se tratan ambas realidades como si fueran la misma cosa en multitud de contextos públicos y documentos jurídicos. Sin embargo, este vínculo entre enfermedad y discapacidad no es tan ineludible como a menudo se da a entender. Según el planteamiento expuesto en este trabajo, se trata de realidades distintas que son interpretadas como parte de una misma cosa bajo el código de la mirada médica. Este trabajo presenta y analiza de forma crítica el origen arqueológico de la interpretación de la persona con discapacidad como un enfermo crónico dentro del discurso que se denomina «médico-rehabilitador». Bajo este paradigma se impone a la persona con discapacidad el mandato social de que se rehabilite y/o se cure para, de esta manera, poder reinsertarse y aportar a la sociedad. De lo contrario, quedará condenado a la exclusión.

scholarly journals The Shafts of Strife and War: A Critical Analysis of the Immigration (Mass Arrivals) Amendment Bill

2012 ◽  
Vol 43 (4) ◽  
pp. 547 ◽  
Author(s):  
Christopher Foulkes
Keyword(s):  
New Zealand ◽  
International Law ◽  
Critical Analysis ◽  
Asylum Seekers ◽  
Legal Framework ◽  
Legal Difficulties

This article critically analyses the Immigration (Mass Arrivals) Amendment Bill 2012 currently before Parliament, which purports to deal with the potential mass arrival by sea of asylum seekers. The article first sets the legislation in its domestic and international law context as well as empirically comparing the changes with those recently enacted in Canada and Australia. The purported purposes of the legislation are examined by the article and it is seen that each of these are fraught with legal difficulties. Four major substantive changes the Bill would introduce are then outlined. In relation to the purposes of the legislation, New Zealand's domestic and international legal framework, and in comparison with similar regimes in Australia and Canada, this article concludes that the proposed New Zealand legislation is questionable in terms of both purpose and likely efficacy.

Sign in / Sign up

Export Citation Format

Share Document