Detention as the Default: How Greece, with the support of the EU, is generalizing administrative detention of migrants

Putting migrants and asylum seekers into detention for administrative reasons is a common practice in Greece, despite this policy contravening human rights. Greek authorities are using detention and the new EU-funded closed compounds as a way to discourage people from seeking asylum in Europe. Detention, as outlined in Greek law, should only be used as a final resort and only then in specific instances. Detention carries with it not only a financial cost, but also a considerable moral cost. Detention without just cause violates basic human rights, such as freedom of movement, the right to health and the right to family life. Alternatives to detention exist and must be prioritized.

Ius In Bello III

This chapter explains why violation of the in bello rules can be punished, but prisoners of war cannot be put on trial for fighting without just cause. Developing Kant’s argument that a punitive war cannot be legitimate, the chapter explains why a victory in war does not entitle the victor to punish the vanquished for fighting an unjust war, extending that argument to show that combatants cannot be punished for their participation in war. The same right to political independence and territorial integrity that makes aggressive war wrong entails that no state stands in a supervisory relation to another; as such it cannot punish another state’s combatants for accepting their own government’s determination about whether to go to war. It can, however, punish in bello violations. The Kantian account is distinguished from views that claim that an aggressor’s combatants cannot be punished because they are justified in killing.

Using Data Mining Technique to Measure the Impact of COVID-19: 1st Wave on the Stock Market of Top Fifteen Affected Countries

The pandemic of Covid-19 which started in the year 2019 did not just cause an effect on the living of millions of people but in the economic and social sectors of every part of the world as well. It is a challenging task to determine the interrelation between COVID-19 cases concerning the economy in the top affected countries. This paper explores; how severe Impact of COVID-19 1st wave on the economic facets of Pakistan as compared to the Top Fifteen affected countries. Moreover, this paper uses COVID-19 well-known dataset provided by John Hopkins and Stock Market Datasets collectively to carry out the critical analysis successfully. We found a relationship between the cumulative numbers of confirmed cases in each country with a declining state of countries' economies: the higher decline in the stock market indicates a higher number of confirmed cases.

Jus ad vim

Jus ad vim is the set of moral principles governing the decision to use limited force. This chapter interrogates the moral permissions and restraints of these principles by recalibrating the traditional jus ad bellum criteria (just cause, last resort, proportionality, probability of success, right intention, and legitimate authority) and delineating the novel probability of escalation principle. The chapter begins with an illustration of just cause for vim, which is more permissive than for bellum, meaning there are more moral reasons to use limited force than to go to war. The concern that this view of just cause would lower the threshold for violence too far is called the permissiveness critique. The remainder of the chapter charts a course of restraint ad vim. Recalibrating last resort yields the moral independence thesis, the view that acts of limited force should not be conceived as part of the actions leading to war but rather should be thought of as an alternative set of options, while the Rubicon assessment is the deliberation process to discern what level of force is justified. The restrictive core of jus ad vim lies in satisfying a new criterion—the probability of escalation principle, which blends elements of the jus ad bellum proportionality and probability of success criteria to conceive the risks of using limited force. The chapter concludes with a discussion of how right intention and legitimate authority can be reinterpreted in a limited force context to curtail acting too easily on just cause.

Estabilidad de los docentes curriculares de institutos privados reconocidos o adscriptos a la enseñanza oficial : en tiempos de normalidad y en el de la pandemia.

En tiempo de pandemia, el DNU Nº329/2020(B.O.,31/3/2020) del Poder Ejecutivo nacional se dictó en el marco de la emergencia sanitaria por el coronavirus y sus prórrogas decididas por el DNU Nº487/2020 (B.O.,19/5/2020) y el DNU Nº 624/2020 (B.O.,29/7/2020) prohibieron los despidos sin justa causa y por causas económicas y por fuerza mayor por el plazo de 60 días contados a partir de la fecha de su publicación en el Boletín Oficial, desde el 31 de marzo hasta el 29 de mayo de 2020, luego hasta el 28 de julio y más tarde hasta el 26 de setiembre de 2020. Se ha establecido un régimen de estabilidad propia o absolutapara todos los trabajadores privados a los que alcanzan esos DNU, incluidos los docentes privados de cualquier nivel, curriculares o no- pero pro tempore, porque es limitada al plazo de veda. La decisión del Poder Ejecutivo Nacional aparece como constitucional y convencional, adecuada a normas supra legales que él mismo cita y a otras ut supra referidas, como a la jurisprudencia de la CSJN y la CIDH. Pasada la emergencia y la vigencia del DNU, la incógnita está en si se volverá para todos los trabajadores privados en Argentina al sistema de estabilidad relativa impropia o se podrá pasar a una intermedia, como es la que acompaña a los docentes privados mencionados desde 1947, parecida a la del Estatuto de los Trabajadores español para el caso de despido improcedente, o laexcepción del DNU se volverá regla.ABSTRACT: In times of pandemic, DNU No. 329/2020 (BO, 3/31/2020) of the national Executive Power was issued within the framework of the health emergency caused by the coronavirus and its extensions decided by DNU No. 487/2020 (BO, 19 / 5/2020) and DNU No. 624/2020 (BO, 7/29/2020) prohibited dismissals without just cause and for economic reasons and force majeure for a period of 60 days from the date of its publication in the Official Gazette, from March 31to May 29, 2020, then until July 28 and later until September 26, 2020. A regime of own or absolute stability has been established for all private workers to those who reach these DNU, including private teachers of any level, curricular or not - but pro tempore, because it is limited to the closed period. The decision of the National Executive Power appears as constitutional and conventional, adequate to supra-legal norms that it cites itself and to other supra-referred ones, such as the jurisprudence of the CSJN and the IACHR. After the emergency and the validity of the DNU, the question is whether it will return for all private workers in Argentina to the system of improper relative stability or it will be possible to move to an intermediate one, such as the one that accompanies the private teachers mentioned since 1947, similar to that of the Spanish Workers' Statute in the case of unfair dismissal, or the exception of the DNU will become the rule.

صورة فلسطين في الثقافة الصينية المعاصرة / The Image of Palestine in the Mirror of Contemporary Chinese Culture

Since the founding of the People’s Republic of China, China’s official position on the Palestine issue has always been clear and consistent, but in the mirror of contemporary Chinese culture, the image of Palestine is still shrouded in some ambiguity. This study attempts to paint this picture and monitor its development stage by studying the following aspects. In the Chinese translation of Palestinian literature, Edward Said and Mahmoud Darwish are the two most important Palestinian cultural figures in China. In the writings of Chinese writers and Chinese academic researchers, the Palestinian issue and the image of Palestine assume prominent position. Finally, the study has drawn some conclusions and recommendations to improve the image of Palestine in Chinese culture to support the just cause of Palestine, and to strengthen China-Palestinian relations in particular and China-Arab relations in general.

The Use of Criminal Law on Abortion: A Structural Barrier that Limits Women’s Rights

The use of criminal law to limit abortion rights still prevails in most of the legal regimes around Latin America. This particular law reveals the lower value assigned to women’s lives in modern societies and how much the state interferes in women’s freedom and reproductive autonomy. This situation has had an impact on women’s ability to access safe and timely abortion services due to the numerous barriers they face, among other things the criminalization of abortion. This paper develops the arguments that support a recent constitutional claim submitted to the Constitutional Court in Colombia by the Just Cause Movement, demonstrating that abortion crime violates several human rights including equality and freedom and compromises women’s citizenship by undermining their ability to make free decisions about their bodies and their lives.

The Principle of Distinction and the Role of Consent

Arthur Ripstein offers a Kantian response to what he calls “Shawcross’s argument”—the argument that the killing of combatants in war is justifiable only where the war is legal. In doing so, he is seeking to provide a moral justification for what may appear to be an incoherence between the two main pillars of modern law of war: On the one hand, the ius ad bellum provides that states may only lawfully resort to war when they have a just cause. On the other hand, the ius in bello specifies rules governing conduct that apply equally to both sides in a conflict—regardless of whether they are waging a lawful or unlawful war. Hence combatants in an unlawful war are entitled to the same immunities from prosecution as combatants in a lawful one. But how can that possibly be morally just? Shawcross rejects that moral equivalence, comparing combatants in unlawful wars to a “lawless robber band.” In the process, Shawcross—and those sympathetic to his view—threaten to upend the modern law of war. Ripstein comes to international law’s defense, though not in terms most international lawyers would find familiar. Ripstein’s effort to morally ground the international legal rules is admirable. Yet the argument provides a moral foundation for the modern rules of war that is incomplete at best. Moreover, it fails to grapple with the voluntary nature of international law, which allows states to agree to further their long-term best interests even at the price of short-term constraints.

16. Humanitarian Intervention and Political Self-Determination

This chapter argues that there is a just cause to intervene militarily in a state that systematically violates the human rights of its members. It rejects the views of those who contend that there is no justification for humanitarian intervention because there are no universal moral values. The chapter accepts that the value of political self-determination can explain what is wrong with humanitarian intervention in some cases. However, appeals to this value are decisive less often than many critics of intervention suppose. One concern with adopting a permissive attitude towards humanitarian intervention is that this might be open to misuse. The chapter then articulates a role for international law in authorizing intervention to minimize this risk. It concludes by clarifying how these arguments fit within a wider set of considerations pertinent to the justifiability of humanitarian intervention.