international treaties
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2022 ◽  
Vol 6 (2) ◽  
pp. 133-147
Jody McBrien ◽  
Maria Hayward

Both the United States (US) and New Zealand (NZ) have been resettling refugees since the Second World War. As such, and because of several international treaties signed by both countries, they must concern themselves with the education of resettled refugee students in their nations. In this study, the researchers examine the international agreements and national resettlement policies that shape these nations’ refugee education policies. Second, educational practices for refugee students in the US and NZ using phenomenological qualitative research based on observations, interviews, and focus groups with teachers and refugee students are examined. The researchers conclude that the more systematic methods of resettlement and educational tools available to teachers in NZ through consistent national policies provide better opportunities for success than policies and practices that vary widely from state to state and even within states in the US.

Sergii Melnyk ◽  
Alina Ignatievа ◽  

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.

2022 ◽  
pp. 767-795
Leidy Lorena Piñeiro-Cortes ◽  
Merly Maria Bernal ◽  
Tito Francisco Solano ◽  
Adolfo Hernando Hernández Hernández

In globalization, the business world is becoming increasingly complex and challenging for small and medium companies in Latin American countries. There are variables that determine the success of a national and international business. In the latter case, one must have a good knowledge of the country's environment with which a commercial operation is carried out (competitors, political, economic, socio-cultural, legal, technological, etc). All these factors are undoubtedly important in the field of international treaties or agreements, as well as the precise information of the negotiating company. However, variables such as leadership and organizational culture and, in particular, cultural diversity are to a small extent considered as decisive factors of business competitiveness. The chapter describes the importance of the three variables as tools for the performance of Colombian companies in an international context and shows the results of the CW Model of the Culture Assistant, where seven key elements of cultural diversity are evaluated in organizations.

2022 ◽  
pp. 137-152
Mariam Jikia

The chapter discusses the protection mechanisms of human rights in occupied territories, namely it concerns the issue of application of international human rights law and international humanitarian law in occupied territories. The author gives detailed information about the main system for administration of occupied territories, in particular about the conventional and customary law, as well as secondary resources such as court decisions and UN resolutions. The chapter analyses international treaties, customary law, and case law to identify the main problems related to human rights protection in occupied territories, the positive obligations of states to protect population living in occupied territories, and the relevance of existing legal norms with the state practice.

2021 ◽  
Vol 04 (04) ◽  
pp. 76-84
Tetiana Hohol ◽  
Ulyana Nedilska ◽  

This article describes the evolution of the regulatory framework for sustainable development in Ukraine based on ratified international treaties and supports the formation of an appropriate legal framework and State policy. The formation of regulatory mechanisms for sustainable developmental goals in Ukraine are aimed at strengthening and ensuring the fair implementation of the citizen’ rights as guaranteed by the Constitution of Ukraine. It also relates to the property rights of the Ukrainian people to land, its bowels, atmospheric air, water and other natural resources within the territory, the natural resources of the continental shelf and the exclusive (marine) economic zone, if the rural areas exist in coastal zones. Since the local officials play a key role in implementing sustainable practices in forestry, fisheries, water management, agriculture and tourism, they can execute capacity building, address the needs of various sectors, promote locally produced sustainable produce, implement incentive schemes, and enforce the regulations and management practices. They can also promote and propagate the economic benefits from the conserved resources to rural constituencies. The local governments can also better manage and mitigate the disasters through maintaining and restoring the ecosystems.

Iryna Osmirko ◽  
Ivanna Maryniv

Problem setting. Due to the fact that the constitutional norms determine the status of an international treaty, the binding nature of which has been approved by the parliament as part of national legislation, it is important to study the temporal effect of international treaties, namely their retroactivity. In general, the Vienna Convention contains a provision according to which an international treaty has no retroactive effect in respect of the States which are parties to it, except where the intention to give retroactive effect to the treaty follows from the treaty itself or the agreements of its parties. These exceptions to the general rule indicate the non-absoluteness of the latter, so it is appropriate to study the factors that determine the existence of retroactive agreements, as well as controversial and controversial issues that arise in this regard. Analysis of recent researches and publications. Scholars such as S.N. Ivanov, RA Kalamkaryan, M.A. Kapustina, II Lukashuk, OV Pushnyak and others. However, this area needs further study and analysis, given the existence of exceptions to the general provision on the lack of retroactive effect of international agreements. Target of research. Тo consider the conditions under which an international treaty has retroactive effect, to investigate the factors influencing the decision to grant retroactive effect and the issues arising in connection with the retroactivity of international treaties. Article’s main body. This study examines the non-absoluteness of the provision on the absence of retroactive effect of international agreements. Among the reasons that encourage states to anticipate retroactive effect – the interpretive or additional nature of the international agreement or the need to resolve the situation that arose before its conclusion. It should be emphasized that some agreements have retroactive effect by virtue of their object, which provides this retroactive effect, as agreed by the parties, although not explicitly stated in the contract. It is also not uncommon for certain rights and obligations to arise not because of an international treaty that has not yet entered into force, but because of customary norms that are enshrined in it. Conclusions and prospects for the development. The principle of no retroactive effect of an international agreement is not absolute. In each case, the reasons for the application of retroactivity must be decided by a judicial authority in the process of interpreting the contractual obligations. An important role in the possibility of retroactive application of an international treaty is played by its object or the co-existing customary norms of international law and the principles recognized by civilized nations as binding.

Saddam Ibrahim Abdulkhaliq Abuazzam Saddam Ibrahim Abdulkhaliq Abuazzam

This descriptive analytical legal study aimed to clarify the position of international treaties in the Jordanian constitution and judiciary by shedding light on the theoretical trends that determined the status of international treaties in comparative legislation, in addition to verifying the constitutionality of the Jordanian side's signature on some international treaties that occupied Jordanian public opinion. The study revealed that the difference of international law jurists in determining the legal status of international treaties in constitutions and positive laws resulted in three directions: the trend of the unity of the two laws, the trend of the Dual-law, and the trend of reconciling the two laws. The study also showed that the Jordanian constitution did not adopt an explicit provision for the legal status of treaties. International conventions, leaving room for jurisprudential and judicial jurisprudence that affirmed the supremacy of international treaties over domestic law. The study also found that the Jordanian legislator’s neglect of determining the legal status of treaties, and the double signature of them by the executive authority alone or in combination with the legislative authority in accordance with two conditions under Paragraph B of Article 33 of the Jordanian Constitution, has opened the door wide for controversy over any treaty to be signed by the Jordanian side, To demonstrate this, the study mentioned practical applications from international treaties signed by Jordan, namely: the Israeli Gas Supply Agreement, the Casino Agreement, and the CEDAW Agreement. In light of the results were reached, the study presented a set of recommendations that were such as issuing a law for international treaties to regulate international treaties in all the stages through which they pass, adding a constitutional text confirming the oversight role of the National Assembly over international treaties, provided that this constitutional text includes informing the National Assembly of any treaty or agreement that is concluded by Jordan.

D. M. Tsukerblat ◽  
A. I. Markeev

The authors investigate into the rules contained in the international treaties, Russian existing laws and judicial routine related to exclusiveness of authors’ rights. The character of social changes in the digital era were specified. Several types of legal relations remain traditional, however in today’s information society has to revise existing laws in which authors rights dominate over information user interests. At the same time, the authors re underprotected from piracy. Legislators have to prioritize in the first place who and from whom must be protected in the information society: the authros from pirates, intellectual property from plagiarism, or the users from actualaccessible information. Secondly, the rights of new knowledge have to be managed and efficient ways to righ t-ful transfer of accumulated knowledge to users have to be found. Implementation of information technologies into libraries and access to digital information resources change radically the quality of library services. The authors challenged themselves with attracting attention to the problems of information society in Russia.

2021 ◽  
Vol 12 (4) ◽  
Anastasia Ruzina

The phenomenon of the constitutional identity of the Russian state in the context of conventional and constitutional conflicts is currently acquiring a special meaning. The need to protect state sovereignty, upholding the traditional model of relations between the individual, society and the state are the urgent tasks facing the Russian Federation being the main focus of the constitutional reform of 2020. In this context, the purpose of the study was the legal analysis of the constitutional identity of the Russian state as a frontier of compromise between the European and national systems of protection of individual rights and freedoms. Disregard for the constitutional identity of the state may lead to its "erosion" and the adverse impact of internationalisation on the foundations of the constitutional order. Guided by the principle of constitutional identity, a state can arrive at the best and legitimate solution in a particular case, which would not contradict national law, but at the same time would not ignore the norms of international treaties. The application of both general scientific and special methods of cognition, the formal-legal method and the method of legal modelling, made it possible to see in the constitutional identity not only the boundary of compromises in Russia's relations with inter-state bodies, but also the distinctiveness of constitutional processes. The conducted analysis of the domestic legal acts led to the conclusion that the principle of constitutional identity is an inviolable foundation of the constitutional state and its model of ensuring the individual rights and freedoms in the traditional system of values. The indicators and trends of crime for the period from 1991 to 2020 are given.

2021 ◽  
Vol 11 (1) ◽  
pp. 58
Marcio Bonini Notari

RESUMO  A corrupção vem se apresentando no âmbito das instituições privadas e democráticas, assim como, a nível internacional, entre os setores público e privado. No início da década de 90, começam a surgir uma série de estudos por parte dos organismos internacionais, das agências multilaterais e das organizações não governamentais procurando fornecer uma programação globalizada com temas ligados aos direitos humanos. São inúmeras denúncias noticiadas nos meios de comunicação acerca das práticas corruptivas, o que, acarreta no uso de campanhas anticorrupção por parte de governos para repressão a todos aqueles opositores ou críticos da sua gestão. Isso, de certo, modo pode trazer restrições aos direitos dos denunciantes, contribuindo para violação aos direitos humanos de todo e qualquer pessoa identificada como objetivo político, da transparência e publicidade, da liberdade de expressão e pensamento.  O presente trabalho pretende analisar a proteção dos direitos humanos em seus tratados e convenções internacionais, no que diz respeito aos denunciantes e de todos aqueles que investigam casos de corrupção ligados a ilícitos, práticas fraudulentas em organizações de natureza pública e privada. De tal modo que, a participação do cidadão  mediante o livre exercício da liberdade de expressão e do acesso á informação, possibilita o exercício da cidadania, sem censura estatal, como forma de diminuir a incidência dos atos de corrupção e um controle benéfico ao poder público e a iniciativa privada. Palavras chaves: corrupção, direitos humanos e denunciantes.  ABSTRACT Corruption has been taking place within private and democratic institutions, as well as internationally, between the public and private sectors. In the early 1990s, a series of studies by international organizations, multilateral agencies and non-governmental organizations on the subject began to emerge, seeking to provide a globalized programming with themes related to human rights, There are numerous reports in the media about corrupt practices, which leads to the use of anti-corruption campaigns by governments to repress all those who oppose or critically manage them. This, in a way, may bring restrictions on the rights of whistleblowers, contributing to the violation of the human rights of anyone identified as a political objective, transparency and publicity, freedom of expression and thought. This paper aims to analyze the protection of human rights without their international treaties and conventions, with respect to whistleblowers and all those who investigate cases of corruption linked to illicit, fraudulent practices in organizations of a public and private nature. In such a way that citizen participation and access to information make it possible to exercise authentic citizenship as a means of reducing the incidence of acts of corruption and beneficial control of public power and private initiative, and may contain the benefits of corruption to the public. certain privileged groups and sectors. Keywords: corruption, human rights and whistleblowers. 

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