The International Criminal Court Jurisdiction Towards The Deportation Issues In Myanmar

<p><em>This research aims to comprehensively analyze the International Criminal Court’s jurisdiction in adjudicating gross violations of human rights involving a non-party state of the 1998 Rome Statute and its application to the perpetrators of deportation against the Rohingya with Myanmar as the non-party state. The results showed that this jurisdiction can be implemented under three conditions, first, the crime is committed by nationals of a non-party state on the territory of a state party to the Statute. Second, the UN Security Council refers a situation to the International Criminal Court in its resolution. Third, through an ad hoc declaration that a non-party state of the Rome Statute accepts the International Criminal Court’s jurisdiction. Since the territorial jurisdiction of the International Criminal Court covers crimes that occur wholly or partly on the territory of a state party, it can be applied to the deportation against the Rohingya in Myanmar. This involved the fleeing of this ethnic group from attacks by the Government of Myanmar to Bangladesh, a state party to the 1998 Rome Statute</em></p>

Which states parties should be held responsible for the implementation of positive obligations under the ECHR in sports-related disputes?

In sports society, awareness of human rights protection has gradually developed and sports governing bodies, such as the International Olympic Committee (IOC) and the Fédération Internationale de la Football Association (FIFA), have striven to commit the implementation of human rights guaranteed by internationally recognised human right treaties in the international community. However, human rights law cannot directly impose any legal obligations on sports governing bodies because they are non-state actors established by domestic private law. In this situation, how can international human rights law apply to the private relationship between non-state actors? According to the European Convention on Human Rights (ECHR), state parties must implement positive obligations to protect individuals against any violations caused by non-state actors within the jurisdiction. To implement the positive obligations under the ECHR, it is necessary to identify which state parties should be held responsible for the implementation in sports-related disputes because, in Mutu and Pechstein v. Switzerland, athletes claimed a violation of the ECHR against Switzerland on the ground that the Court of Arbitration for Sport (CAS) is located in Lausanne, Switzerland. However, it should be considered that Switzerland is not be liable for all violations of the ECHR’s rights caused by another state party. In light of this, the purpose of this article is to identify a hypothetical standard for determining which state parties should be held responsible for implementing the positive obligations under the ECHR.

Potential Contribution of Sponsoring State and Its National Legislation to the Deep Seabed Mining Regime

Companies and legal persons intending to conduct activities in the Area must be sponsored by a State Party of the UNCLOS, which constitute a “dual-track mechanism” with ISA as a primary regulator and sponsoring state as a secondary regulator. This regime setting places companies and legal persons subject to international and national legislation simultaneously. The sponsoring state’s national legislation is thus an integrated part of the DSM regime. This resolves the defects that private entities in DSM are not subject to international law and weak enforcement of international organizations. However, UNCLOS neither draws a clear line of competence between the sponsoring state and the ISA nor provides compulsory components that national legislation should contain, resulting in the disparity between the objective of the establishment of sponsorship and the status quo of the sponsoring state’s role and its national legislation. This paper analyzes the competence of a sponsoring state and regulatory aspects it should focus on to assist the ISA and further proposes such components of the national legislation contributing to the DSM regime.

A Thematic Analysis of the UN Convention on the Rights of the Child (crc) State Party Reporting Mechanisms Related To Physical Education, Physical Activity and Sport

The UN Convention on the Rights of the Child (crc) is the most ratified human rights treaty. In this article, three intimately connected concepts will be explored in relation to the framework of the State Party reporting mechanism related to the UN Convention on the Rights of the Child: physical education, physical activity and sport (pepas). A documentary analysis of three key document types from the Treaty Body reporting mechanisms was undertaken, including State Parties Reports (n = 104), List of Issues (n = 126) and Concerns/Observations and Recommendations (n = 797). There was a very low prevalence of the concepts of physical education, physical activity and, to a greater extent, sport, in these three reports. Seven themes emerged after the qualitative analysis: sport programmes, school-based sport, legislation and policies, key agents, interdisciplinary approach, enablers of sport and miscellaneous. Increased questioning of States with regards to their implementation of the right to sport, the issuance of pepas-based recommendations and guidance on how to achieve these rights from the Treaty Bodies would assist in solidifying understanding of sport as a human right and increase the impetus on States to act for pepas provision.

Agricultural Involution and Bureaucratic Involution: Types, Concepts, Empirical Generalizations, and Theoretical Mechanisms

The article reviews the history of the word “involution,” the empirical basis of the concept of “agricultural involution,” and the mechanisms operating behind that phenomenon. It then considers the very different empirical bases and mechanisms of “bureaucratic involution.” State and peasant might interact in a positive way that leads to development – as when the state in the Reform era gave peasants the power and right to respond to market stimuli and develop the “labor and capital dual intensifying” “new agriculture” that has led to genuine development, demonstrating how small peasants have been the true primary subjects of Chinese agriculture and the true key to genuine agricultural development. By contrast, if bureaucratic involution should force on peasants policies that run counter to realities, it can lead to malignant “ultra-involution.” Similar consequences can be seen in spheres with scarce opportunities relative to the number of people seeking them, once they are placed under the forces of bureaucratic involution, as in the “examinations-above-all-else education system” as well as in similar (public and private) enterprise management. That is why the word “involution” has recently triggered such widespread resonance among so very many people. What is needed is state-party policies that truly accord with the interests of the people and draw their active participation. That kind of combination is what can check tendencies toward ultra-involution.

The Uglier Side of Bonnie Scotland: the Tinker Housing Experiments

The aim of this paper is to illumine the insidious and covert nature of the racially motivated programme of measures, implemented by the State Party and other key stakeholders in Scottish society, ostensibly designed to crush and eradicate age-old Scottish Gypsy Traveller culture. To best rationalise those actions committed necessitates exploration of various themes: the treatment meted out, the mindset underpinning those actions, the attitudinal context, the intersectionality of the human rights violations and the long term effects of the damage sustained, both at an individual and collective level, by those subjected nationally to such assimilatory schemes, culminating in an inquisition of the reasons furnished by the Scottish Government for its subsequent refusal to grant an apology to the victims – despite repeated appeals to that end. The methodology will include personal photographs, reference to historical papers, relevant newspaper articles, and files from both national and local authority archives. The corollary of these investigations will conclude that the human rights of Scottish Gypsy Travellers have been irrefutably violated under international law; this has been executed with impunity by the authorities and, inarguably, constitutes a crime against humanity.

Friendly settlement of dispute in the practice of the European Court of Human Rights

The existing approaches of lawyers to understanding the characteristics, types and structure of decisions of the Court of Justice of the Council of Europe, adopted by it on the basis of amicable settlement of disputes and substantiation on this basis of the author's concept of phenomena declaration of amicable settlement and unilateral declaration of the Government. The author analyzes and critically comprehends the doctrinal conclusions and provisions of national legislation on the need to separate the decisions of the European Court of Human Rights, which, along with the rulings of the Court of Justice, are subject to mandatory implementation by the State party to the Convention for the Protection of Human Rights and Fundamental Freedoms

From convergence to congruence: European integration and citizen–elite congruence

Recent research argues that European integration has led to an ideological convergence of member state party systems, which is purported to have significant consequences for democratic representation. We argue that convergence of party positions is less problematic if congruence between governed and governing is maintained. We therefore turn to test whether integration has had an effect on congruence between the public and their governing elites. Using five measures of integration, two sources of public opinion data, and expert surveys on political parties, we find little evidence that integration into the European Union reduces congruence between the public and the national party system, government or legislature either ideologically or across five issue areas. These results should assuage concerns about integration’s effect on domestic political representation.