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Author(s):  
ساهر محمود كاظم ◽  
خلود علي عريبي

The research aimed to study and analyze the best global University institutional repositories, which were selected by the search engines and the Spanish website Metrix. A descriptive approach has been used to carry out the research (survey) and a deliberate sample has been taken (ten university repositories) from a community of 500 repositories mentioned in the directory of free access repositories (open Dora), in terms of content, types of digital content management systems, number of recordings, language used and methods of storage and retrieval. The study found that 70% of university institutional repositories used the open source Dspace system. Press articles have been ranked first with a percentage of 100%, while theses came in second rank with regard to the substantive content of the repositories. Moreover, it is found that the position of the repository does not depend on the number of existing recordings as much as it depends on the quality, usage and the links of these recordings.


Author(s):  
Christian Whalen

AbstractThis chapter provides a brief overview of article 16 of the UN Convention on the rights of the child and of its legislative history as outlined in the Travaux Préparatoires. It outlines the principle threats to children’s privacy today and summarizes the substantive content of Article 16, particularly in relation to the General Principles of child rights in Articles 2, 3, 6, and 12, as well as the nexus between the right to privacy and several other rights of children under the Convention as well as other international human rights instruments. It then puts forward four main attributes of the child’s right to privacy as aspects of the right which State Parties should monitor as a means of measuring the effective implementation of Article 16. The essential attributes of Article 16 and the child’s right to privacy are State protection against: (1) interference with privacy; (2) interference with family, home or correspondence; (3) unlawful attacks upon honour and reputation; and (4) protection of the law against unlawful interference or attacks.


Author(s):  
Christian Whalen

AbstractArticle 10 provides international human rights codification of basic principles that apply in related Hague Convention treaties regarding international travel by children or parents for the purpose of family reunification and visits to maintain relations and personal contact. This chapter looks at the drafting history of Article 10 and related international legal materials, as well as the general principles and related provisions of the UNCRC to outline the substantive content of Article 10. It sets out three main attributes of Article 10, from which indicators of child rights implementation can be derived. These are: (1) the need to treat requests to enter or leave a country for family reunification in a positive, humane, and expeditious manner; (2) ensuring that requests to leave or enter a country entail no adverse consequences for parents, children, or their families; and (3) maintaining relations and personal contacts with both parents if residing in separate states.


2021 ◽  
Vol 57 (1) ◽  
pp. 015020
Author(s):  
Daniel Cottle

Abstract Three new physics teachers graduating from a university provider of initial teacher education in England were paired with a recently retired physics subject specialist teacher in order to provide informal mentoring during their first year of teaching. The aim of this was to explore if a mentoring intervention of this kind could support teacher knowledge growth of the new physics teachers and influence their retention in the teaching profession. Qualitative data from the study suggests that substantive content of the mentoring discussions that took place addressed issues of general pedagogy and pedagogical content knowledge. The retired teacher mentors were enthusiastic and able to act as mentors. Suggestions emerge for ways of facilitating the mentoring.


2021 ◽  
Author(s):  
David Bilchitz

Corporations can significantly affect the fundamental rights of individuals. This book investigates what legal obligations they have to respect, protect and realise these rights. In doing so, it addresses important conceptual issues surrounding fundamental rights. From an investigation of existing legal models, a clear structural similarity surfaces in how courts make decisions about corporate obligations. The book seeks to systematise, justify and develop this emergent 'multi-factoral approach' through examining key factors for determining the substantive content of corporate obligations. The book defends the use of the proportionality test for ascertaining corporations' negative obligations and outlines a novel seven-step test for determining their positive obligations. The book finally proposes legal and institutional reforms - on both the national and international levels - designed to enhance the quality of decision-making surrounding corporate obligations, and embed fundamental rights within the corporate structure and the minds of key decision-makers.


Author(s):  
Natalie R. Davidson ◽  
Leora Bilsky

In comparative constitutional law, the various models of judicial review require courts to examine either the substantive content of legislation or the procedure through which legislation was passed. This article offers a new model of judicial review – ‘the judicial review of legality’ – in which courts review instead the forms of law. The forms of law are the ways in which law communicates its norms to the persons who are meant to comply with them, and they include generality, clarity, avoidance of contradiction, and non-retroactivity. Drawing on recent writing on the jurisprudence of Lon Fuller, this article argues that Fuller’s linking of the forms of law to a relationship of reciprocity between government and governed can ground judicial review and that such review provides a missing language to address important legislative pathologies. Moreover, through an analysis of recent developments in Israel, the article demonstrates that the judicial review of legality targets some of the key legal techniques of contemporary processes of democratic erosion which other models of judicial review struggle to address, all the while re-centring judicial review on the lawyer’s craftsmanship and thus reducing problems of court legitimacy. This article therefore offers a distinctive and normatively appealing way for courts to act in troubling times.


2021 ◽  
Author(s):  
◽  
Dale Scott

<p>The precautionary principle is increasingly being adopted as a legal risk management tool in international environmental law and regulation, especially in the marine context. In fact, over the last 35 years it has been included, often as a central feature, in the vast majority of international law instruments relating to protection and management of the environment. This rise to prominence is largely driven by widespread recognition that the ability of environmental law to successfully avert long term and significant harm is very much contingent on the successful implementation and application of the precautionary principle (specifically, the decision-making and planning measures it advocates).  Owing to the above, it is unsurprising that like many other countries New Zealand has incorporated the precautionary principle expressly and implicitly into domestic law and policy over the last 25 years. The most recent and arguably most notable instance of the incorporation of the precautionary principle in New Zealand law is in the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (“EEZ Act”). Indeed, for reasons explained in this paper, the success of the EEZ Act will in large part depend on the successful application of the precautionary principle contained in the Act.  Unfortunately, New Zealand’s incorporation and application of the precautionary principle to date has been problematic, with confusion and a variety of approaches taken to its core concepts, and arguably outright misapplication of it. For this reason, this paper seeks to take comprehensive stock of the precautionary principle, first to identify what is the likely cause of such confusion and misapplication, and second, to provide a foundational understanding to assist policy makers and the courts with the task of operationalising and applying it during legislative consenting processes. In doing so, this paper focuses on its operation in the marine setting, with a view to assisting with its interpretation and application under the EEZ Act. It argues that in order to secure consistent and proper application of the precautionary principle, significant work needs to be done to clarify definitional ambiguities embedded within the principle. It then argues that further work needs to be done to properly operationalise the New Zealand formulations of the precautionary principle (i.e. unpack the substantive content of the principle and pin down what such content requires of decision-makers in practice) so they can be consistently and correctly applied under New Zealand’s environmental risk management regimes.</p>


2021 ◽  
pp. 295-337
Author(s):  
Camille Goodman

This Chapter considers the enforcement of coastal State fisheries laws and regulations beyond the exclusive economic zone (EEZ) following a hot pursuit. While the general framework for hot pursuit established in the 1982 United Nations Convention on the Law of the Sea is clear, its substantive content and operation—particularly in situations that do not fall neatly within the black and white terms of the framework—is less clear. This Chapter considers the key challenges to this framework, and the extent to which—and the ways in which—coastal States have implemented, developed, or departed from it in practice, focusing in particular on the domestic legal basis for conducting hot pursuit, the use of technology in the conduct of hot pursuit, and cooperative approaches to hot pursuit. While recognizing that the hot pursuit doctrine must strike an appropriate balance between the sovereign rights of the coastal State to enforce its laws and the exclusive jurisdiction of the flag State over its vessels on the high seas, the Chapter argues that there is also a broader community interest to be balanced on both sides of this equation: to ensure the effective conservation and management of living resources, and preserve the freedom of navigation on the high seas. This is reflected in the Chapter’s examination of practice, which reveals that States have adopted and implemented a functional, contemporary approach to hot pursuit within the framework of the existing doctrine, which itself has proved to be at once flexible and remarkably enduring.


2021 ◽  
Author(s):  
◽  
Dale Scott

<p>The precautionary principle is increasingly being adopted as a legal risk management tool in international environmental law and regulation, especially in the marine context. In fact, over the last 35 years it has been included, often as a central feature, in the vast majority of international law instruments relating to protection and management of the environment. This rise to prominence is largely driven by widespread recognition that the ability of environmental law to successfully avert long term and significant harm is very much contingent on the successful implementation and application of the precautionary principle (specifically, the decision-making and planning measures it advocates).  Owing to the above, it is unsurprising that like many other countries New Zealand has incorporated the precautionary principle expressly and implicitly into domestic law and policy over the last 25 years. The most recent and arguably most notable instance of the incorporation of the precautionary principle in New Zealand law is in the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (“EEZ Act”). Indeed, for reasons explained in this paper, the success of the EEZ Act will in large part depend on the successful application of the precautionary principle contained in the Act.  Unfortunately, New Zealand’s incorporation and application of the precautionary principle to date has been problematic, with confusion and a variety of approaches taken to its core concepts, and arguably outright misapplication of it. For this reason, this paper seeks to take comprehensive stock of the precautionary principle, first to identify what is the likely cause of such confusion and misapplication, and second, to provide a foundational understanding to assist policy makers and the courts with the task of operationalising and applying it during legislative consenting processes. In doing so, this paper focuses on its operation in the marine setting, with a view to assisting with its interpretation and application under the EEZ Act. It argues that in order to secure consistent and proper application of the precautionary principle, significant work needs to be done to clarify definitional ambiguities embedded within the principle. It then argues that further work needs to be done to properly operationalise the New Zealand formulations of the precautionary principle (i.e. unpack the substantive content of the principle and pin down what such content requires of decision-makers in practice) so they can be consistently and correctly applied under New Zealand’s environmental risk management regimes.</p>


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