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October 12, 2021, marks the 100th anniversary of the birth of the Head of the Department of Medical Protection, Head of the Department of Armed Defeat and Protection of the Medical Academy, the Great Patriotic War, Doctor of Medical Sciences, Professor, and Colonel of the Medical Service, Ravil Garifovich Imangulov. For many years, R.G. Imangulov fruitfully worked in the field of military medical science and gone through all formational stages of a scientist and a teacher from an adjunct to the head of the department and professor-consultant of the Academic Council of the Military Medical Academy. During his service at the Military Medical Academy, Professor R.G. Imangulov took an active part in testing weapons of mass destruction and special field experimental studies in various regions of the country, aimed at the practical implementation of the latest achievements in the field of medical and technical means of anti-chemical and anti-radiation protection. For a long time, under his leadership and with his direct participation, fundamental research was carried out on the fundamentals of medical protection of troops and population from mass destruction weapons. His achievements in the field of medical protection against mass destruction weapons, both educational and scientific and practical disciplines, are of great importance for Russian military medicine. His fruitful years of activity did not only result in monographs, textbooks, teaching aids, scientific reports, and articles, but also the adaptation of official normative documents for the military personnel protection from mass destruction weapons, technical and medical means of individual, and collective protection.

In Ontario, students facing school discipline are not parties to their own suspension and expulsion proceedings. As in other areas of law, children in education law are treated as not having sufficient capacity to advance their own interests and must rely on adults to do so on their behalf. This barrier to direct participation in proceedings that affect them runs contrary to children’s participation rights under the United Nations Convention on the Rights of the Child and to general principles of fairness. For children who are responsible for their own education the inability to independently challenge school authorities with respect to school discipline undermines their education and their dignity. School discipline processes should be designed to respect children as individual rights holders.

The article is dedicated to the centenary of the main scientific discovery of the academician of the USSR Academy of Sciences, the Agricultural Academy and the USSR Academy of Sciences N.I. Vavilov - to the law of homological series in hereditary variability. The discovery of the law was one of the most significant events in biology of the first half of the twentieth century and had a significant impact on the selection process. From a biographical point of view, the discovery of the law was for N.I. Vavilov - a young professor, head of the department of private agriculture and genetics of the agronomic faculty of the University of Saratov, a fateful event that brought world fame. In the history of Russian science, much attention is paid to the phenomenon of N.I. Vavilov. At the same time, there is a tendency to analyze his scientific work in the context of three main areas: the doctrine of plant immunity to infectious diseases, the law of homologous series in hereditary variability, and the doctrine of the centers of origin and variety of cultivated plants. In our work, special attention is paid to the integrity of the scientific work of the scientist, which can be traced in all his main works and was put into practice in the world collection of plant genetic resources, the collection of which was carried out under the guidance and with the direct participation of N.I. Vavilov. The history of the perception of the law at different periods in the development of biology and the role of this discovery in the posthumous memory of its author, N.I. Vavilov, who became a symbol of a real scientist and patriot.

Este artículo se encuentra disponible en la siguiente URL: https://revistas.urosario.edu.co/index.php/acdi/article/view/8233/9679 Resumen: las niñas asociadas con fuerzas o grupos armados tienen necesidades específicas de protección y asistencia internacionales que se manifiestan durante los procesos de desvinculación que ponen fin a su asociación con estos, ya sea durante el conflicto armado o en la etapa de construcción de la paz. Este estudio presenta un análisis crítico del marco conceptual y operacional en el que se inscriben actualmente estos procesos de desvinculación y reintegración de las niñas asociadas con fuerzas o grupos armados, incluidos los procesos formales de desarme, desmovilización y reintegración (ddr) tal y como están siendo ideados, implementados y evaluados por los Estados, las organizaciones internacionales (OI) y las ONG. / Abstract: Girls associated with armed forces or groups have specific needs for international protection and assistance that are also arise in the processes of disengagement that put an end to their association with such groups, both in armed conflict and post-conflict situations and peacebuilding. This study aims to provide a critical examination of the current conceptual and operational framework applicable in those processes; this includes the formal Disarmament, Demobilization and Reintegration (ddr) processes as they are currently being envisaged, implemented and evaluated by States, IOS and NGOs. / Resumo: as meninas associadas com forças ou grupos armados têm necessidades específicas de proteção e assistência internacional que também se manifestam durante os processos de desligamento que põem fim à sua associação com tais grupos, seja durante o conflito armado ou na fase subsequente à construção da paz. Este estudo apresenta uma análise crítica do quadro conceitual e operacional em que esses processos de desligamento e reintegração de meninas associadas com forças ou grupos armados estão atualmente inscritos; incluindo os processos formais de Desarmamento, Desmobilização e Reintegração (ddr) à medida que vão sendo concebidos, implementados e avaliados pelos Estados, OIS e ONGs.

RésuméLe fait que des enfants se joignent aux forces armées ou à des groupes armés non étatiques est une terrible réalité qui résiste aux efforts de la communauté internationale pour l’éliminer. La participation directe aux hostilités par des enfants-soldats constitue possiblement l’aspect le plus troublant de cette réalité, en ce qu’elle soulève la possibilité de devoir attaquer directement ces enfants. Le droit international humanitaire reste à ce jour plutôt discret quant à cette facette de la participation des enfants aux conflits armés, laissant les forces armées improviser leur réaction. Les Forces armées canadiennes ont adopté en 2017 ce qui est présenté comme la première doctrine militaire sur les enfants-soldats. Le présent texte propose une analyse de cette doctrine à la lumière de la réglementation de l’emploi de la force contre les enfants-soldats en droit international humanitaire, pour déterminer si les enfants peuvent jamais devenir des combattants à part entière, à quelles conditions ils peuvent être considérés comme civils participant directement aux hostilités, et quelles limites le droit humanitaire impose quant aux choix des moyens et mesures de guerre employés.

Local resource curse problems epitomize the difficult interface dynamics confronting resource developers and host communities. These problems centre on the opportunity costs that local people encounter due to their proximity to resource development projects. Our fundamental objection is the working assumption – and in some cases the proposition – that people are getting something for nothing. In this paper we challenge two persistent ideas in the resource economics literature. First, that resource curse problems occur primarily, if not exclusively, at the national level, and second, that mining benefits are cost neutral to communities. We argue that pro-industry constructs such as ‘shared value’ and ‘shared benefit’ are detrimental to the study of local resource economies, and in particular, the examination of cost-benefit scenarios in resource enclaves. Our aim in this paper is to draw attention to local resource curse problems. These are effects that involve significant opportunity costs for local communities as a result of their direct participation or near proximity to large-scale resource projects.

Resumen:Pese a la teórica vinculación de la participación directa a la idea de democracia, la constituyente española fue extraordinariamente prudente en la regulación de los institutos de democracia semidirecta por temor de la izquierda a la repetición de las negativas experiencias históricas en el uso del referéndum; su decidida opción por la democracia representativa quedo fuera de toda duda en los debates parlamentarios. Por ello el texto de 1978 es extraordinariamente sobrio en la aceptación tanto de la iniciativa popular como del referéndum. Y no lo ha sido menos la práctica durante 40 años de estos instrumentos.Sin embargo, las más recientes formaciones políticas presentes en el Parlamento reivindican la importancia de la democracia semidirecta a nivel institucional como en paralelo observamos nuevas formas democráticas en la acción de los propios partidos políticos. Pero no queda claro que se este reivindicando la democracia semidirecta como instrumento de participación popular sino más bien parece invocarse como instrumento de un cambio constitucional al que tienden las nuevas izquierdas, a modo de ejercicio constituyente, sin que sea patente un proyecto de aceptación de tales medios con carácter general (o de ejercicio paralelo al de los poderes «constituidos»).La reciente experiencia de referéndums en países democráticos de nuestro entorno con resultados algo sorprendentes obliga a tenerlos en cuenta a la hora de reflexionar ante una posible reforma constitucional que afecte a los institutos de referencia. Ello explica las referencias comparadas que en el texto se contienen.Summary:I. Again on the idea of participation and democracy. II. Reluctance of the spanish constituent to host institutes of direct and semi-direct democracy. III. Four decades of democratic constitutional regime. IV. Some recent experiences in comparative law. V. On a possible constitutional reform that drives its development: possibilities and risks.Abstract:Despite the theoretical linkage of direct participation to the idea of democracy, the Spanish constituent was extraordinarily prudent in regulating the semi-direct democracy institutes by the fear of the political left to the repetition of the negative historical experiences in the use of the referendum; Its decided option for representative democracy was beyond doubt in parliamentary debates. That is why the 1978 text is extraordinarily sober in the acceptance of both the popular initiative and the referendum. And it has been no less the practice during 40 years of these instruments. However, the most recent political formations present in the Parliament claim the importance of semi-direct democracy at the institutional level, while in parallel we observe new democratic forms in the action of the political parties themselves. But it is not clear that they are claiming semi-direct democracy as an instrument of popular participation, but rather seems to be invoked as an instrument of constitutional change to which the new left tend, as a constituent exercise, without a project of acceptance of such General means (or exercise parallel to that of the «constituted» powers). The recent experience of referendums in democratic countries with surprising results requires them to be taken into account when reflecting on a possible constitutional reform affecting the relevant institutes.

Resumen: La crisis económica que comenzó en 2008 ha puesto en peligro la definición de España contenida en el artículo 1.1 de la Constitución. Los recortes en gastos sociales y los casos de corrupción han acabado por afectar al sistema democrático, ya que se reprocha que nuestros dirigentes no hayan demostrado suficiente sensibilidad a las demandas sociales. La crisis afecta más a la manera en que los representantes ejercen sus funciones que a la forma en que son elegidos o a la manera en que toman decisiones. Por ello, la mejor manera de hacerle frente es potenciando el principio de responsabilidad de los poderes públicos, proclamado en el artículo 9.3 de la Constitución. Este punto de vista resulta útil para examinar la funcionalidad de las instituciones de democracia directa y proponer algunas reformas. Ahora bien, enfocar la crisis como una quiebra de la legitimidad de ejercicio sirve, sobre todo, para enfocar los límites que afectan a la representación. Aunque siempre es posible modificar el sistema electoral, hay que recordar que ningún sistema asegura que los representantes ejerzan su función de manera adecuada. Para garantizar que las asambleas representativas, los miembros que las componen y los partidos políticos que los proponen como candidatos sean más sensibles ante las demandas ciudadanas, es conveniente repensar las formas de control social, político y jurídico que existen en nuestro ordenamiento y que están destinadas, precisamente, a activar las distintas formas de responsabilidad inherentes a la democracia.Summary:I. Looking back. I.1 The constitutional model: an advanced social democracy. I.2 The era of lead: from the economic crisis to the institutional crisis. I.3 Crisis of democracy and legitimacy of results. II. Greatness and miseries of direct participation. II.1 Arguments against direct democracy. II.2 A not so direct democracy: political parties as intermediaries. II.3 Institutions of direct democracy and responsibility of public powers. III. Elections, parties and representatives. III.1 The starting point: a pragmatic view of representation. III.2 Reforms of electoral system and reforms of electoral procedure. IV. The responsibility of representatives. IV.1 Responsibility and types of control. IV.2 Diffuse responsibility of representatives and social control. IV.3 Political responsibility and recall. IV.4 The juridical responsibility of representatives.Abstract:The economic crisis that began in 2008 has put in question the definition of Spain stated in Art 1.1 of the Constitution. Cutbacks in social spending and cases of corruption have finally harmed the democratic system because representatives are blamed for not being sensitive enough to citizens’ demands. The crisis affects more the way in which representatives exercise their functions than the way in which they are elected or take decisions. For this reason, the best method to address the crisis is to enhance the principle of responsibility of public powers. This criterion serves to review the institutions of direct and participatory democracy which exist in our system, and for proposing some improvements. However, the principle is especially useful for approachingthe problems that affect the exercise of representation. It is always possible to improve the electoral system. However, no electoral system guarantees that representatives exercise their function properly. There are other ways to ensure that representative assemblies, their members and political parties are more receptive to citizens’ demands. This paper proposes to strengthen the social, political and juridical controls that make effective the responsibility of representatives because these type of controls are the other face of democracy.

In Cuba the 1940 Constitution regulated different mechanisms of direct democracy (mdd) that were not implemented; while the 1976 Constitution in force, although committed from the norm with the direct participation and popular sovereignty, was unambitious in regulating these mechanisms. After the Revolution, direct participation has had different expressions that have been nominated wrongly as some of the mdd, that political theory today recognizes on the ba­sis of certain assumptions. This article examines the mdd in Cuba from 1940 until the present. For this purpose it makes a critical analysis of its regulation, based on the criteria that political theory and constitutional law have offered for the configuration of these mechanisms, and tak­ing into account the particularities and results of the implementation in the Cuban context. The main conclusion of this work is that Cuba regulates forms of participation that directly involve the citizenry, but require changes in its design, so that they become real mechanisms of direct democracy that contribute to the political empowerment of citizens.

The Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law issued by the International Committee of the Red Cross (ICRC) in 2008 recommended...

At Local Governments’ level, Uruguay’s Constitution states two mechanisms for direct participation, namely: referendum and popular initiative. Until 2013, the Electoral Board’s case law had denied the existence of such institutes, arguing that they required to be regulated by the lawmaker. Current case law of such Board, however, enshrines the existence of both institutes, although with serious limitations that, to the author’s view, violate the constitutional text, and that are analyzed throughout this paper.

Ensuring a successful transition from the cardiovascular intensive care unit (CVICU) to the ward for the adult congenital heart disease (ACHD) patient is a vital step in the critical care admission and can have a significant impact on outcomes. The transition process may require unique protocols given the various hospital settings and models of care for ACHD patients. Successful transition involves proper assessment for readiness to transfer, formalized provider handoff procedures, and proactive preparation for hospital discharge. Although various roles within the health-care team will be involved in care transition, the physician, advanced practice provider, and nursing roles have the most direct participation in the transition process. Defining the unique focus of these providers in handoffs and discharge planning will improve the formalized processes for inpatient transitions for ACHD patients. A multidisciplinary and comprehensive approach to transition of the ACHD patient from the CVICU to the ward may decrease critical care morbidity and mortality while promoting patient safety and satisfaction.

In the period of rule of the Piast dynasty, the ordinary people constituted a large part of the army, however the authors of the chronicles describing the war events did not pay any special attention to them. Therefore, any mentions of the people from lower social strata, who stood out due to their extraordinary bravery and courage during the military actions, are to be considered even more precious. Among their achievements such incidents like: saving the monarchs’ life during the battles, a spontaneous initiation of a battle, which ended with a total victory, regaining of a lost castle or a heroic defense of an own castle against attacking enemy, were recorded. People performing these feats were simple warriors with low position in a social hierarchy or even placed in the army as servants without any intention of their direct participation in battles. Chroniclers described with appreciation the achievements of those who were obliged to fight holding arms, highlighting their bravery and sacrifice for the rulers, who rewarded it very generously. On the other hand, the military achievements of people belonging to the class of servants, who were not obliged to participate in the military actions were considered by these authors in a different way: as a result of headiness or bravura. W epoce piastowskiej dużą część wojska stanowiła pospolita ludność, zazwyczaj jednak autorzy kronik opisujących wydarzenia wojenne nie poświęcali jej większej uwagi. Tym cenniejsze wydają się obecne w ich przekazach wzmianki o ludziach z niższych warstw społecznych, którzy wyróżnili się niezwykłym męstwem i walecznością podczas działań militarnych. Wśród ich dokonań odnotowane zostały przypadki uratowania życia władcom podczas bitew, spontaniczne podjęcie walki zakończonej całkowitym zwycięstwem, odzyskanie utraconego grodu czy heroiczna obrona własnej warowni przed atakującym wrogiem. Ludzie dokonujący tych wyczynów byli prostymi wojownikami, nisko sytuowanymi w społecznej hierarchii albo nawet znajdowali się w wojsku jako służba nieprzeznaczona do bezpośredniego udziału w walkach. Kronikarze z podziwem pisali głównie o dokonaniach ludzi należących do pierwszej z tych kategorii, czyli zobowiązanych do walki z bronią w ręku, podkreślając ich męstwo i poświęcenie dla władców, którzy za te zasługi ich hojnie nagradzali. Natomiast militarne wyczyny osób czy grup wchodzących w skład czeladzi, od której nie wymagano udziału w walce zbrojnej, były oceniane przez tych autorów zupełnie inaczej, jako efekt porywczości czy brawury.

The Rome Statute of the International Criminal Court (icc) adopted an innovative participatory role for victims hailed as a major step towards recognising the rights of victims in international criminal proceedings. However, it is unclear whether direct participation has resulted in a more productive role for victims. This article discusses the goals of trial, focusing on the victims’ interests and the interests of the icc; the statutory and jurisprudential rules pertaining to victims’ participation at the Court; and the testimony of witnesses questioned by the victims’ representatives in the Lubanga and Katanga trials. The article concludes that the victims’ representatives in Lubanga and Katanga achieved some of the goals of trial but had a more limited impact on others. It also warns that the icc needs to continue to protect the rights of the victims and ensure that it does not improperly limit their participation.

La STC 51/2017, de 10 de mayo, ha estimado el recurso de inconstitucionalidad presentado por el Presidente del Gobierno en relación con determinados preceptos de la Ley catalana 4/2010, de 17 de marzo, de consultas populares por vía de referéndum. Esta Sentencia nos sirve para realizar unas reflexiones acerca de la regulación de las vías de participación directa en nuestro sistema constitucional y de las consideraciones que ha realizado el Tribunal acerca del contenido de la mencionada norma.The STC 51/2017, of May 10, has estimated the appeal of unconstitutionality presented by the President of the Government in relation to certain precepts of the Catalan Law 4/2010, of March 17, of popular consultations by referendum. This Judgment serves to make some reflections about the regulation of direct participation in our constitutional system and the considerations that the constitutional Court has made about the content of the mentioned norm.

The primary impetus for the Interpretive Guidance on the Notion of Direct Participation in Hostilities by the International Committee of the Red Cross was the need for an accepted understanding of the notion of ‘direct participation in hostilities’. The Interpretive Guidance recommends that in non-international armed conflicts organised armed groups consist only of persons whose continuous function for the groups involves taking direct part in hostilities. The objective of this article is to assess to what extent the ‘continuous combat function’ category strengthens the protection of civilians under the principle of distinction.

The debate on the issue of child soldiers in international law has been mainly framed around the narrow question of whether child soldiers should be prosecuted or deemed innocent victims. This question, while essential, marginalized several considerations related to the multidimensional and intersecting identities and roles of child soldiers. Few scholars have investigated and evidenced the major gaps related to the legal protection of child soldiers in international law. While recognizing the potential related to the analysis on child soldiers’ criminal liability, this research proposes to focus on the examination of their vulnerabilities and to explore the legal foundations for the strengthening of their legal protection. Thus, this project is not a mere recognition of child soldiers as innocent victims but a careful and extensive examination of several areas of Public International Law such as International Humanitarian Law, International Criminal Law and International Human Rights Law to justify the necessity to establish a stronger and exhaustive legal protection for child soldiers. Most importantly, this research illustrates the reason why child soldiers keep their status as children, despite their status or conduct during armed conflicts, and the ensuing consequences and impacts of such findings for the principle of distinction in International Humanitarian Law.

Meta‑narrative for Europe? According to Hannah Arendt When we think about the principles organizing the life of a community, we usually refer them to particular areas: social, political, moral, economic… There are, however, principles that seem to be total. As they define all domains of social life, governed by the particular principles, they can be called ‘metanarrations’. In this paper, I explore the possibility of finding such fundamental principles that could unify and organize Europe. I assume that they must exceed (national) particularism without approaching (cosmopolitan) universalism, since the ‘European homeland’ – if it exists (and/or should exist) – must be the unity in plurality and diversity. Basing my considarations on the works of Hannah Arendt, who in turn refers to the experience of Greek polis, I argue that the idea of freedom, closely related with direct participation in government, might be the principle needed. Following Arendt, I point out that this principle means not only that no one canbe ruled by anyone, but also that no opinion, no idea and no way of living and thinking can rise ultimately above others; none of them, in otwher words, can turn into truth.

This article reports partial results from a research that analyzes the perceptions about Brazilian legal systemamong a group of South Americans immigrants living in the Greater Sao Paulo area. More specifically, the research gather data on the perception of reception and stay of foreigners in the country and, once they are established in Brazil, the problems related to the access to fundamental rights. The research focused on vulnerable South American immigrants, in order to do an analysis of the effectiveness of Mercosur ResidenceAgreement. The article reports the methodological difficulties about the study of international migration, especially when considering the vulnerable migrants. Besides, the article discusses the organization of the National Conference on Migration and Refuge, a governmental event that provided an opportunity for immigrants to have a direct participation in debates about legal issues related to foreigners in Brazil.

This article describes and analyzes two law school clinics focused on international humanitarian law: the International Humanitarian Law Clinic at Emory Law School and the International Justice Clinic at University of California, Irvine School of Law. Law school clinics focused on international humanitarian law enable students to participate directly in the development and application of IHL in concrete ‘real world’ settings – from training to research and fact-finding, litigation to high-level advocacy, and many spaces in between. These opportunities do far more than contribute only to these students’ development as effective, reflective lawyers, certainly a key goal of any clinical environment. Clinical IHL work also matches clinical pedagogy with cutting-edge issues in armed conflict to deepen students’ law school experiences and enables them to engage in the IHL goals of promotion, implementation and enforcement.

This article explores the potential of participatory modes of adjudicating socio-economic rights to mitigate the democratic and distributive deficits of adjudication, particularly in the context of the structural reforms required to fulfil the positive duties imposed by these rights. It traces a particular application of a participatory model of adjudication through the doctrine and remedy of meaningful engagement which has emerged in the context of South African evictions law. The benefits of meaningful engagement in advancing direct participation by communities and organisations in the processes of socio-economic rights realisation are considered. However, attention is also drawn to the ways in which engagement orders can limit participatory systemic reforms that advance the normative goals of these rights. The article is intended as a contribution to the broader global debate on models of participatory adjudication in the context of socio-economic rights.

Contemporary armed conflicts are known to blur the categories of civilians and combatants, leading to problems with the principle of distinction. These categories are the result of an essentially formalised IHL, and have become less accurate by being over- or under-inclusive. Although formalism is vital to IHL’s functioning, maintaining it in its present excessive strength perpetuates distinction problems. In numerous cases a functional inroad based on actual conduct has been introduced, for instance with the concept of direct participation in hostilities. This solution should be implemented across a wider spectrum. Where the two categories are difficult to tell apart, a functional approach for one category benefits the other. This article shows how this can be attained by using existing rules and principles of IHL, such as the concept of military objectives and the prohibition on terrorism, or newer rules.

The first judgment of the International Criminal Court, delivered on 9 March 2012, raises a pivotal and equally controversial issue of what constitutes ‘active participation in hostilities’ for the purpose of the child solider offences under the Rome Statute in the case against Thomas Lubanga Dyilo. The Majority (Judge Fulford and Judge Blattmann) adopted a broad definition of the notion of ‘active’ participation and the Minority (Judge Benito) an even more ample one. This was achieved by distinguishing between ‘active participation in hostilities’ and ‘direct participation in hostilities’ and by recourse to the travaux preparatoires of the Rome Statute and to human rights norms. The purpose of this contribution is to demonstrate that the meaning of ‘active participation in hostilities’ under Articles 8(2)(b)(xxvi) and 8(2)(e)(vii) of the Rome Statute is not ambiguous or obscure, but is the same as that of ‘direct participation in hostilities’ under international humanitarian law. Recourse to supplementary means of interpretation by the Trial Chamber, be it to the travaux preparatoires, or to human rights norms, was unnecessary and misguided. The contribution will also draw some conclusions on how criminal liability before the ICC may be excluded for Articles 8(2)(b)(xxvi) or 8(2)(e)(vii) of the Rome Statute on the basis of the broad definition adopted by the Trial Chamber of the notion of ‘active participation in hostilities’ and will discuss other consequences arising from the judgement at hand.

This is the text of a lecture, presented by Professor Yoram Dinstein at Tilburg University, outlining some key aspects of international humanitarian law as regards the principle of distinction; the principle of proportionality; direct participation in hostilities; drones; human shields; and private military contractors.

States are the largest user of PMSCs. They hire PMSCs to provide various services in armed conflicts such as combat, guard and protection, and detention and interrogation. The involvement of PMSCs in armed conflicts to fulfil tasks that are traditionally carried out by national soldiers generates a question concerning the legal status of the personnel of these companies. This chapter clarifies such question and tries to find out how these personnel can be classified when they operate on behalf of a State party to an armed conflict. The purpose of this study is to explore which statuses adopted by IHL can apply to them. Under this law, individuals on the battlefield are either “combatants” or “civilians”. IHL also provides a specific legal framework for civilians who sell military services to parties to armed conflicts under the “mercenary” status. Therefore, there are three possible statuses that may apply to PMSC personnel used by a State party to an armed conflict, which are mercenaries, combatants and civilians.

The aim of this paper is to highlight the relevance of academic input to the accounting standard setting process by way of both ex-ante research and direct participation. We propose the Delphi methodology as a rigorous scientific way to analyse the perception of a new IASB accounting regulation from an “ex-ante” constituency perspective. We argue that this tool can be used as a useful complementary analysis to introduce timely and comprehensive additional feedback to standard-setters’ deliberations regarding the potential effects of their proposals when some conditions are met, and that gaining academic input in the process could make a difference. We apply this to the specific case of the IASB Management Commentary project. The main contribution of this study is to show how this research yields different perceptions that can add to the analysis of comment letters in the deliberations of the IASB. The most remarkable findings are (1) that the introduction of academic opinions (practically absent in the formal consultation process) yields important and different inputs and (2) that the characteristics of this tool allow for additional arguments, which are not usually evident in the formal comment letters, to be obtained from constituents. This study attempts to respond to the recent standard-setter call for more academic contributions to the standard-setting process.

Section IX of the ICRC Interpretive Guidance on Direct Participation in Hostilities asserts: ‘In addition to the restraints imposed by international humanitarian law on specific means and methods of warfare, and without prejudice to further restrictions that may arise under other applicable branches of international law, the kind and degree of force which is permissible against persons not entitled to protection against direct attack must not exceed what is actually necessary to accomplish a legitimate military purpose in the prevailing circumstances’. The present article scrutinises arguments that have been, or can be, advanced in favour of and against a ‘least harmful means’ requirement for the use of force in situations of armed conflict as suggested in Section IX. The principal aim of the article is to examine the question whether such an additional proportionality requirement forms part of the applicable international lex lata.

Despite widespread acceptance of the notion that studies of the past provide tangible benefits, academic historians usually remain reluctant to apply "lessons" from history to the realms of public and business policy. This article suggests reasons for that reluctance while also suggesting that historians of technology can make valuable contributions to the policy community. In particular, these professionals can employ tools and insights developed in their field to highlight the social contexts in which technology evolves, helping decision makers understand why specific policies may or may not accomplish stated goals. The article also suggests means by which historians can influence policy, such as through their teaching, their writing and speaking to lay ! audiences, and their direct participation in government bodies. Due to institutional disincentives for this nontraditional activity, however, historians interested in policy work should already have acquired secure, tenured positions within their academic institutions.

The ICRC's published 'Interpretive Guidance on the Notion of Direct Participation' by civilians in hostilities contributes usefully to the debate but is flawed. It creates an imbalance between members of the armed forces on the one hand, who are targetable at all times, and members of organised armed groups who do not have a continuous combat function, and civilians who persistently participate in hostilities on the other, who are said to be protected during intervals between specific acts of hostility. This imbalance is exacerbated by assertions that there is a presumption at law that civilians are not directly participating, that to be DPH there must be a single causal step linking the civilian's activity with the hostilities, that voluntary human shields may not be direct participants and that periods of preparation for, deployment towards and return from acts of direct participation, during which a civilian is liable to lawful attack, must be interpreted restrictively. This article takes aspects of the interpretive guidance in turn, analysing them to determine their legal and practical acceptability. It concludes that states must consider the guidance with some caution before determining their own position on this vexed issue.

The ICRC, following extended discussions with a large group of experts, has adopted and issued a non-legally binding document entitled ‘Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law’ consisting of ten recommendations and about fifty pages of related commentary. The discussion process which preceded production of the Interpretive Guidance was contentious and no consensus was reached on the issue of Direct Participation in Hostilities. As the result, the ICRC, as it was entitled to do, issued its own interpretation of the applicable law. The author of this article, who was involved in all of the expert meetings, reviews and comments on the Interpretive Guidance and attempts to make an assessment of its general viability and of its acceptability to the wider IHL community.

While political philosophers have paid a great deal of attention to providing a theory of secession for cases of nations breaking away from nation-states, little has been said about perhaps the most common type of secession — school district secession. I argue that while there is no principled prohibition against school district secession, there are presumptions against the practice. After discussing why justice requires that all children are provided with an education that is autonomy-facilitating and also meets the standards of equality of opportunity, I show that many arguments offered for school district secession do not meet the criteria for justice. Finally, I investigate one policy alternative that concerned parents (at least those with more principled reasons for school district secession) may consider to mitigate their need to secede in cases where they seek more direct participation in the political decisions of their school districts.

The present document resulted from an expert process initiated and conducted by the ICRC from 2003 to 2008. Dr. Nils Melzer, Legal Adviser at the ICRC, who has been responsible for the expert process since 2004, is the author of the Interpretive Guidance and most background documents and expert meeting reports produced during the process. The ICRC would like to express its gratitude to the experts, all of whom participated in the process in their personal capacity.

The ‘direct participation’ exception to the principle of distinction, found in Article 51(3) of Protocol I and Article 13(2) of Protocol II, embodies a long-recognized concept in the laws governing armed conflict. For centuries the broad notion that humanity demands the protection only of those citizens who are harmless has found expression in the rules and norms relating to war. This article traces the historical factors and trends which influenced the development of the ‘direct participation’ exception in its current form, revealing a tendency towards ‘humanizing’ the law in favour of civilians, notwithstanding their increased military value.

Referendums have experienced some sort of a comeback. Citizen involvement in political decisions is seen increasingly as a healthy add-on in democratic polities. While earlier writers on democratic theory often saw a danger in increased participation of citizens, more recently several authors suggest that this participation should be fostered. I argue in this paper that both sides in the debate neglect important aspects of referendums. Discussing whether direct participation by the citizens is a good or bad thing addresses only half the story. More precisely, we have to get a better idea about how referendums interact with the traditional institutions of representative democracy.

This article discusses how children are involved in family court proceedings in New Zealand. On July 1, 2005, the Care of Children Act 2004 came into force. One of the changes brought about by this Act is an increased expectation that children will participate in proceedings involving them, by the court giving the child a reasonable opportunity to express his or her view. Children may participate in three ways, the primary mechanism being through the lawyer for the child. Children's views can also be elucidated through a specialist report, and direct participation can be achieved through judicial interviews. As each child is different, it is important that the unique circumstances of the case are accounted for. This article will discuss how each of the three methods can be combined to tailor an approach that gives every individual child a reasonable opportunity to express his or her view. There are a number of examples given of this approach in practice, showing how the court has adapted the process to accommodate the child's situation and personality.

The Judgment is the first in depth analysis of the notion of direct participation in hostilities in International Humanitarian Law. This notion encompasses the direct participation by civilians in hostilities in a broad variety of circumstances, ranging from full-time membership and participation in the activities of a group which is regularly engaged in attacks directed against a state or its citizens to participation in a single attack directed against the armed forces of the state. The Judgment focuses on activities at the high end of the spectrum. As such, it makes a very helpful contribution to thinking about the notion, particularly because of its emphasis on safeguards to ensure that attacks are proportionate, subject to external review and directed against persons who actually belong to such groups.

La observación de la complejidad de la realidad urbana, a través de una nueva sensibilidad por el medio ambiente, la naturaleza y la tierra, está gradualmente cambiando el sentido y el valor de algunas prácticas arquitectónicas y urbanas, tanto en el ámbito académico como en el institucional/político. De esta manera, se puede definir un nuevo tipo de paisaje urbano: el paisaje productivo; cuyo componente principal está representado por la tierra y el su valor multifuncional. Un intento de la idea fue puesto a prueba en la zona Nato en el oeste de Nápoles (Italia). Esta área fue ocupada por el ejército de los Estados Unidos durante 50 años. En 2013, el área fue finalmente liberada y, mediante un acuerdo con la ciudad de Nápoles (en la persona del alcalde Luigi de Magistris) y la fondación Banco di Napoli, lo que fue una vez un lugar donde se han decidido guerras, es ahora convertido en un lugar donde se crea la paz y la colectivización. El plano de un parque de naturaleza agrícola deriva de una demanda pública y de la participación activa de los ciudadanos que han promovido uso y administración de esta área. La realización de este proyecto para la ciudad de Nápoles es un ejemplo de cómo los intereses de los ciudadanos, las instituciones y los profesionales se pueden poner de acuerdo. De esta manera, los principios inspiradores de la "demostración de interés" se puede resumir en la siguiente manera: la identificación de un segmento de la población joven como el primer destinatario de la rehabilitación de la zona; la externalización de la función social del proyecto al fin de ser implementado en términos de: "recuperación de la cohesión social", "conformación de un habitat urbano autogestido de la comunidad de usuarios y residentes", "activación de procesos espontáneos entre los usuarios", "participación directa de los ciudadanos", soporte de las instituciones públicas y adopción del principio de la sostenibilidad ambiental. The observation of urban reality complexity, through a new sensibility towards the environment, the nature and the earth, is slowly changing the sense and the value of some practices of architectural and urban acting, not only in the academia, but also in the institutional/politic field. In this way, it is possible to define a new kind of urban land-scape, the productive landscape, whose main component is represented by the land and by its multi-functional value. A experimentation of the concept has been applied to the ex Nato area in west Naples (Italy). The area was occupied by the U.S. Army for 50 years. In 2013, it was finally freed, and through an agreement with the Municipality of Naples (in the person of the Mayor Luigi de Magistris) and the Banco di Napoli Foundation, what once was a place where wars were decided, today it becomes a place to build peace and sociality. The project of an agricultural natural park stems from a public demand and from the active participation of citizens that promoted the use and management of this area. The realization of this project for the Municipality of Naples is an example of how the interests of citizens, institutions and professionals can meet. Therefore, the guiding principles of Naples municipality “interest” can be summarized as follows: the identification of a young segment of the population as the first recipient of the area reuse, the expression of the social function of the project to be implemented in order of a recovery of social cohesion, a conformation of an urban self-governing community of users and residents, activation of spontaneous processes among the users, direct participation of the citizens, support of public institutions, adoption of environmental sustainability.

The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration. The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.

Investigations and prosecutions involving murdered and physically abused children are among the most serious and most complex faced by law enforcement professionals. These cases are complicated on legal, factual, medical, and scientific levels. Oftentimes, the evidence against the suspected perpetrator is solely circumstantial. Many of the problems inherent in these investigations can be overcome by prioritizing these cases. The local prosecutor's office can take the lead in ensuring justice by direct participation in the investigative phase and by ensuring continuity in the prosecution. In this article, I outline a model to ensure that this happens.

The singular position of Montesquieu's political philosophy seems to raise the question: Isn't the opposition between republicanism and liberalism a largely artificial one? On the one hand, the description of the republican vivere civile in the Spirit of the Laws testifies to the important ties that exist between Montesquieu and the tradition of ‘civic humanism’. However, this apparent theoretical proximity between Montesquieu and the British Neo-Harringtonians ought not to be taken too far, obscuring the deep divergences that differentiate their respective positions, notably when it comes to the interpretation of history. Montesquieu's break from the republican tradition is exemplified by his rejection of its conception of freedom rooted in the citizens' necessary participation in power. But in the end, this does not enable us to conclude that he subscribes to a purely liberal theory. The British model shows that even if direct participation in the exercise of power is not necessary for the existence of ...

The disparity by judges in decisions led to the inability of people facing criminal offenses. Laws are not grounded to small communities, the judicious use of a crime in Indonesia as well as the strength of spider webs in which only able to ensnare minor crimes, but are not able to touch the major crimes that occurred in Indonesia. This study uses normative juridical. The results of this study found that completion ordinary crime patterned petty can be reached with a restorative justice approach, so it can focus on the direct participation of the offender, victim and community.

Demokracja bezpośrednia jest postrzegana jako komplementarna forma sprawowania władzy względem demokracji przedstawicielskiej. Z założenia ma rekompensować niedostatki demokracji pośredniej, a także gwarantować bezpośredni udział obywateli w sprawowaniu władzy. Jedną z instytucji demokracji bezpośredniej, gwarantowaną w konstytucjach i innych aktach prawnych Litwy, Łotwy i Estonii, jest referendum ogólnokrajowe. Pomimo podobnych doświadczeń historycznych i zbieżnych rozwiązań przyjętych w systemach politycznych referendum ogólnokrajowe spełnia inne funkcje. Jest to pochodną problemów społecznych i politycznych tych państw, jak również kształtu sceny politycznej.

While people are and will remain central to the conduct of warfare, in this chapter looks at their evolving roles. After explaining the notions of combatant and civilian, and the distinctions between them, the circumstances in which civilians lose protected status are clarified as much as contemporary controversies over the direct participation in hostilities notion permit. The legal position of other categories of individual, e.g. contractors’ employees, mercenaries, persons involved in non-international armed conflicts and those who use force outside armed conflict is considered. The classes of person that are protected under the law of armed conflict and under domestic and human rights law are set forth and the legal implications of civilian involvement in modern forms of warfare, including cyber operations, remotely piloted and autonomous attack operations and outer space warfare, are considered. Does the notion of direct participation stand up to the challenges these novel methods seem likely to pose?

Recent years have witnessed numerous expert-driven projects to set forth the law. Examples include the International Committee of the Red Cross’s Customary International Humanitarian Law Study, its Interpretive Guidance on the Notion of Direct Participation in Hostilities, and International Manuals on such subjects as the law relating to armed conflicts at sea, the International Law relating to Air and Missile Warfare and Cyber Warfare. Appreciating that the ICRC texts were not produced or described as Manuals, all of the listed texts reflect expert interpretation of fragmented, obscure or as yet unarticulated law. Chapter 3 takes each of the listed texts in turn, looks at the status in law that they claim and seem to have, notes the importance of each, given the complexities and gaps in the treaty law of armed conflict that we currently have and reflects on whether the generation of such Manuals is a desirable development.