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This paper examines the act of complimenting and responding to compliments among Singapore Chinese. To this end, I explored naturally occurring compliment exchanges during the Chinese New Year (CNY) period. These exchanges are not only gender-sensitive, but age- and generation-sensitive as well. The CNY celebrations are governed by certain conventions, exchanging compliments being one of them. The conventional setting helps us understand the functions of compliments and the nature of their responses better, thus avoiding overgeneralizations. Compliments and their responses in the CNY context appear to play an important mainly phatic role. This study suggests that (a) married females pay and receive most compliments and (b) the most common compliment topic centers on their children’s academic achievement and potential career success rather than appearance (Holmes 1988) or possessions (Herbert 1991). In addition, most responses are of the non-acceptance type with downgrading, which is in line with findings from other researchers (see, e.g., Gu 1990; Chen 1993). A survey carried out on these non-acceptance responses shows that informants understand them as being largely conventional and formalistic rather than literal in nature, probably due to the conventional setting. This speech event of compliments and their responses is a mirror of cultural values (Manes 1983), revealing that the Chinese-speaking community of Singapore places high importance on children’s socio-economic success and practices conventional humility.

This study of the politics of representation illustrates the Bush Administration’s use of a religious mode of representation to make sense of the 9/11 events, to legitimize military actions against the Taliban, Afghanistan, and terrorism in general. The religious mode of representation is enabled by the construction and application of what we call the “War on Terrorism script,” which is grounded in the institution of “American civil religion.” We demonstrate the unique power of this mode of representation to create a coherent account at a time of national crisis, to establish connections between the 9/11 perpetrators, the Taliban, and the Afghanistan government. By comparing the Bush Administration’s discourse with those voiced by dissenters and critics using intellectual, rational, and legal representations and modes of argumentation in the post-9/11 contexts, we demonstrate how the institutionalization of a particular mode of speaking influence a particular mode of thinking and a particular mode of acting. We also argue that the convention governing political discourse have significant implications in determining the legitimacy of definitions and interpretations of political situations as well as of political actions.

This article concerns the ongoing conflict over the authority of the European Court of Human Rights (ECtHR). As has been widely discussed, the authority of the Court has come under sustained pressure from states over the last decade. As one response to this pressure, the Court has undertaken what the literature calls a procedural turn—a doctrinal shift that has incorporated its changing political dynamic into its case law. The procedural turn is constituted by renewed deference to national authorities “premised on good faith domestic engagement with [European Convention on Human Rights] principles.” This article sets out a functional critique of the procedural turn by drawing attention to certain limitations in its assumptions and application. Is there an alternative—or additional—way for the Court to respond? Drawing on the practice of other courts, I propose that the ECtHR take seriously judicial avoidance as a way to protect its authority—specifically, the Court might avoid making a determination of a particular case at a particular time. This approach—though not without objection—may provide the Court with an ad hoc, flexible capacity to protect its authority, and comes with the additional benefits of neither legitimating the underlying domestic measure nor upsetting important doctrinal structures relevant to other cases. I further suggest that control of its docket through introducing strategic considerations at the admissibility stage would be the most appropriate technique of avoidance for the Court.

Despite convention tourism is becoming an important segment of the tourism industry in many countries, the specific benefits that convention attendees see valuable when attending conventions are inconclusive. Based on the consumption values theory, this study considers the impacts of two types of value: perceived value and value of cocreation on convention attendees' attitude formation. Derived from a sample of 434 convention attendees and partial least squares structural equation modeling (PLS-SEM) analysis, results indicate that value of cocreation, together with another two dimensions of perceived value, emotional value, and functional value, have significant influences on convention attendees' attitude towards the convention attended. Particularly, it was found that perceived value by itself had limited effects in contributing the positive attitude towards conventions in the contemporary business world as consumers today increasingly prefer cocreation of value and collaboration with service providers. The study contributes to the convention tourism literature by being the first to incorporate both perceived value and value of cocreation within the same model and testing related hypotheses. The results may facilitate decision making and strategic development of tourism-related investments among convention organizers, destination marketing organizations, and government agencies, which can eventually strengthen a country's competitive edge in attracting convention attendees.

In this research, we wish to address the tension tucked away in scholarly work: the simultaneous need to break in and break out of academic communities and their ways of thinking. More precisely, we are interested in social re-search (i.e., searching again) processes and how scholars authenticate their research within an established cultural convention. For that purpose, we focus on the use of the term ‘lens’, which is omnipresent in research texts but rarely defined. Upon completing an integrative literature review and considering the embeddedness of a lens in culture, language, research communities and our ontological assumptions, we define a ‘research lens’ as a sociocultural representation and tool that helps to negotiate our scientific interpretation of the world. Our contribution to industrial marketing stems from surfacing and discussing four uses of a lens evident in the industrial marketing literature, introducing a metaphorical lens as a way to reform knowledge, and finally exemplifying how our lens tends to either mirror, reflect, symbolize or mirage the contours of our world without our full awareness of it.

Language is used to convey thought, but it also influences thought and perception, in turn affecting health care delivery. In this review, we seek to highlight ways in which dermatologists can incorporate inclusive language into practice. By using patient-centered and patient-affirming language, avoiding labels, and naming medical conditions with terminology rooted in pathophysiology rather than outmoded, racist convention or eponyms, dermatologists can strengthen therapeutic relationships and improve patient care.

Focusing on the period from the adoption of the 1967 Declaration on Territorial Asylum to the 1977 Conference of Plenipotentiaries on Territorial Asylum in Geneva, this article examines attempts to arrive at an international treaty on territorial asylum. Charting the trajectory of the drafting process, it shows how the ambition of international lawyers and UNHCR to go beyond article 14 of the Universal Declaration of Human Rights and the 1967 Declaration was eventually thwarted. Australia played a significant role at the 1977 conference and particular attention is paid to the development of its position. The article argues that the discussions over the proposed convention on territorial asylum were symptomatic of States’ unwillingness to countenance a right to asylum, and their concomitant willingness to extend the principle of non-refoulement.

This article examines the applicability of the European Convention for Human Rights (ECHR) when a State loses control over parts of its territory. It argues that the jurisprudence of the European Court for Human Rights, which insists on residual positive obligations based in sovereign title over territory, is problematic and needs to be rethought. The Court’s current approach is not only likely to provoke backlash, since it requires it to decide politically explosive questions of sovereign title, but does so for very little practical benefit for the protection of human rights. The article therefore explores more preferable alternatives.

This study examines how quality is defined, re-defined and dynamically formulated amongst stakeholders under political and global market pressures while registering geographical indications (GIs) for non-edible non-timber forestry products (NTFPs)—namely, Iwate Charcoal and Joboji Urushi—in Japan. To that end, Convention Theory is used as a framework for the two NTFPs as traditionally applied to manufacturing or edible products. This study investigates the following related factors: 1) the transition of convention types between NTFPs and its impact on registrations and 2) the impact of the convention types and values on the sales and sustainable use of forest resources. The study applies Convention Theory, inter alia Worlds of Production (and associated categories) coined by Storper and Salais (1997), because of its central focus on the formation of product qualities and the resulting consumption and materialistic relations. Historically, both products have been under pressure because of lower-priced imports and the substitution of the traditional energy source charcoal and material source urushi with petroleum products including oil and chemical lacuquer, respectively. Thus, the two GI registrations of NTFPs in this study were an attempt, among other options, to counter the influx of imports that results from economies of scale and technological development in scientific standardization. We observed changes in the conventions and analyzed dynamism with relevant concepts of “orders of worth,” propounded by Boltanski and Thevenot (2006), behind the four categories of Possible Worlds of Production (Market, Industrial, Interpersonal, and Intellectual Resources) proposed by Storper and Salais (1997). Our question is as follows, “Did the GI process related to quality strengthen the existing convention or did it rather cause confrontation between conventions?” The two NTFPs provide us with unique and contrasting pathways. Through the GI process, there were negotiations, not necessarily verbal discussions, but ceremony-like events, involving nonverbal communications and technical testing, at sites to assure members and reach agreements on quality. Moreover, there are certain challenges for NTFP GIs when compared with agricultural products; obviously, there is no taste element (as both are non-edible) and the associations with consumers are possibly weaker than those with foods are. Even among NTFP products, the methods of setting standards (to compete, or to differentiate themselves, as “dedicated” products from imports of “generic” products in the Industrial World) differed. Iwate Charcoal developed as an industrial commodity and set a stricter scientific standard. Alternatively, in establishing its standard, Joboji Urushi appealed to its historical embeddedness emphasizing differences in quality resulting from variations by individual producer, local environment, and season. Participation in negotiations of quality, thus, makes producers sensitive to the needs of certain customers, such as personalized products or relationships with producers. As both are forestry products, conservation efforts (identifying individual urushi trees and replanting and coppicing after harvesting for charcoal) are practiced, which loosely resonates with consumers’ sustainability discourses. Yet, rather than green and environmental discourses, subtle associations between a nostalgic sense of “homeland,” pride in artisanship and tradition are strong factors in the promotion of domestic urushi products vis-a-vis imported competition. The comparisons are more technical in the case of charcoal with a degree of carbonization. Noteworthy registrations of non-edible NTFPs are rare in Japan (and absent in the European system). However, the producers were able to learn from, and surmount, the challenges of GI product quality agreed upon, while they achieved a new sense of solidarity.

For decades, following the views of the Argentine legal scholar Carlos Calvo, Latin American countries avoided adopting international investment treaties. The Calvo doctrine established that disputes between foreign investors and the state should only be settled by national courts, to the exclusion of international jurisdictions. This position eroded as numerous bilateral investment treaties (BITs) were signed during the 1980s and 1990s, exposing the countries of the region to investment lawsuits. Recently, a crisis of the investment treaty regime has been noticed in the region, with the denunciation of both BITs and the ICSID Convention, the non-recognition of arbitral awards, and the negotiation of a new model of investment treaties. The analysis of the historical process of rise and crisis of the investment regime in the region, through the review of documents and data on its effects, demonstrate that countries have taken measures to restrict the possibility of investor-State arbitration. In this sense, the region seems to be experiencing a return to Calvo's doctrine on the need to guarantee countries’ decision-making autonomy in strategic policies., Por décadas, os países da América Latina evitaram adotar tratados de investimento seguindo os pensamentos do jurista argentino Carlos Calvo. A doutrina Calvo estabelecia que as disputas entre investidores estrangeiros e o Estado deveriam ser resolvidas pelos tribunais nacionais, à exclusão de jurisdições internacionais. Essa posição se erodiu à medida que um número crescente de tratados bilaterais de investimento (BITs) foi assinado nas décadas de 1980 e 1990, expondo os países da região a ações arbitrais de investimento. Recentemente, percebe-se uma crise do regime de investimentos na região, com a denúncia de BITs e da Convenção ICSID, o não reconhecimento de sentenças arbitrais e a negociação de um novo modelo de tratados de investimentos. Da análise do processo histórico de ascensão e crise do regime de investimento, através da análise de documentos e dados sobre os efeitos dos acordos de investimento, pode-se dizer que os países da região têm tomado medidas para restringir a possibilidade de arbitragens Investidor-Estado. Nesse sentido, estaríamos experimentando um retorno à doutrina de Calvo sobre a necessidade de garantir autonomia decisória sobre políticas públicas estratégicas na região.

Canada and the United States share the Great Lakes and, for most of the region’s history, cross-border collaboration over the fishery was nonexistent, resulting in serious economic and ecological harm. This paper, which covers the time span of the late 1800s to 1955, traces the efforts during that period to establish a binational treaty to govern the Great Lakes fishery. We explore the circumstances Great Lakes fishers found themselves in at the dawn of the last century, the chaos caused when multiple jurisdictions would not cooperate (called the “divided governance” problem), the political pressures stakeholders exerted to kill unacceptable agreements and promote agreements they liked, and the scientists who made biological cases to act. The road to establish a body to ensure collaboration was long and tortuous and included two failed attempts at a treaty, one in 1908 and one in 1946. The third attempt, the 1954 Convention on Great Lakes Fisheries, succeeded, and it created the Great Lakes Fishery Commission as a permanent mechanism for bilateral cooperation. As part of the Sea Lamprey International Symposium III (SLIS) volume, here we ask, “Why a Great Lakes Fishery Commission?” We argue that, by 1954, influential persons could no longer tolerate the governments’ unwillingness to address severe declines in fish stocks and concomitant economic losses, inconsistent science, and the sea lamprey (Petromyzon marinus) invasion. The paper draws from hearings and debates in Parliament and Congress, boards of inquiry, previously classified documents containing the strategies of those engaged in bilateral negotiations, and the published literature.

We now have a better understanding of the “popular votes” cast during the adoption of the Constitution of 1793. In the course of this voting, always conducted in “assemblies of citizens”, the participants, going beyond what the Convention had asked of them, generally agreed to deliberate, articulate their wishes, and even elect candidates –all in the name of exercising a “portion of sovereignty.” These citizens thus precociously placed themselves within the framework of the new Constitution, which assigned a prominent role to such assemblies. But, at the same time, they also assumed the older posture of “subjects of the King” freely articulating their grievances during the period March-April 1789. Despite the enormity of the decade-long Revolutionary experience, we can clearly perceive the persistence of older village, borough and communal practices. To come to grips with the intensity of the revolutionary break after 1789, people turned to immemorial sources of meaning, Tradition, or Nature, depending on prevailing influences. On connaît désormais mieux les votes populaires émis lors de l’adoption de la Constitution de 1793. Lors de ces votes, toujours tenus en assemblées de citoyens, on constate que ces derniers, en sus de ce qui leur est demandé par la Convention, s’entendent globalement pour délibérer, adopter des vœux et même élire, le tout au nom de l’exercice par eux d’une portion de souveraineté. Lesdits citoyens se placent ainsi par avance dans le cadre du fonctionnement de la nouvelle Constitution, qui consacre le rôle éminent de leurs assemblées, mais ils reprennent également une posture qui avait été celle des sujets du roi délibérant librement sur leurs doléances en mars-avril 1789. L’énormité de l’événement révolutionnaire, à l’échelle d’une décennie, s’inscrit ainsi dans la continuité de pratiques villageoises et communautaires nécessairement antérieures. Leur intensité dès 1789 suppose effectivement une accumulation antérieure d’expériences mais les façons de penser le changement à cette époque la renvoient nécessairement à des sources immémoriales, la tradition ou la nature, selon les orientations en présence.

The first paragraph of Article 6 states that the right to a fair trial is when everyone has the right to a fair and impartial hearing in a court of law within a reasonable time, independently of the law governing the dispute over his rights and obligations. both civil and other (criminal, administrative) nature and the establishment of the accusation against her. The court decision must be made public, but the press and the public may not be allowed in the courtroom during the entire time the case is heard in court or only part of the hearing in the interests of a democratic society, namely morality, public order, national security, and this is required by the interests of the juvenile or the protection of the privacy of individuals, or, if the Court has found the measure necessary, when, in special circumstances, the publicity of the proceedings may be prejudicial to the interests of justice.

This article highlights the impact of international law on the global process of illegal migration, reveals a number of international problems related to international migration, in particular by sea, identifies the main factors influencing illegal migration in general, indicates the state of illegal migration in various European Union countries. attention is paid to such important international legal instruments as the Schengen Agreement of 1985 and 1990, the Dublin Convention of 1990, the Maastricht Treaty of 1992 and the Treaty of Amsterdam of 1997. The article also focuses on the European Union agency, which deals with the protection of external borders and their protection from illegal migrants, in particular, by sea.The analysis of theoretical and practical aspects of combating illegal migration by sea at the international level, as well as in the development of scientific and theoretical approaches to solving migration problems, characterizes the legal regulation of combating illegal migration by maritime transport and maritime participation established intergovernmental bodies. The main tools of the European Union to combat illegal migration by sea, which can be used to improve the legal regulation of migration authorities of other countries, as well as substantiate the organizational and legal framework of European countries in the field of legal support to combat illegal migration by sea.The actions of European states represented by the relevant state bodies in solving the problems of illegal migration with the help of merchant fleets of European countries are studied. The article pays attention to the influence of illegal migration on the formation and change of legal awareness of society, as the beginning of the formation of criminogenic factors among illegal migrants in the host country.

In a recent case before the High Court of England and Wales, Crowter v Secretary of State for Health and Social Care, three claimants challenged the disability ground for abortion contained in section 1(1)(d) of the Abortion Act 1967. It was argued on behalf of the claimants that this provision was incompatible with a number of rights protected by the European Convention on Human Rights. Among the arguments made was a claim that this provision perpetuates discriminatory attitudes and negative stereotypes towards disabled people. While the case was rightly unsuccessful, as restricting or removing section 1(1)(d) would only force pregnant people to continue pregnancies in difficult circumstances, the claim around discrimination carries some weight. The High Court rejected this line of argument, missing an opportunity to consider the ways in which the Abortion Act is both inadequate in relation to access to abortion and perpetuates stigma towards disabled people. However, the reform required to address this must take place in Parliament and cannot be done by the courts.

A pandemic can provide a textbook example for the restrictions of fundamental rights and freedoms. Romania has decided to derogate from the application of the European Convention on Human Rights during the state of emergency caused by the COVID-19 pandemic. The questions discussed in this paper are whether the derogation of Romania fulfils the criteria established by the case-law of the European Court of Human Rights. If the answer is affirmative: does it have any effect on the inherent limitations on the freedom of expression as stated in art. 10 of ECHR?

Freedom of speech and freedom of conscience and religion are essential human rights which are protected, among others, by the ECHR. The number of the European Court of Human Rights’ decisions on wearing religious symbols (in a form of a Christian cross, a Muslim veil or a headscarf) at work remains small. Nevertheless, some interpretation guidelines can be identified in particular on how to ensure that an interference with Article 9 of the 1950 Convention has to be proportionate and “necessary in a democratic society”. Owing to a lack of European-wide consensus on states’ approach to religion, a state exercises a wide margin of appreciation. Nevertheless, a state always has to take into account rights of the others, in particular those who are dependent on (e.g. patience at hospital) employees or are prone to an impact of employees (e.g. pupils and students). Thus, dress codes confirming a secular nature and religious neutrality of a State not always violates Article 9 of the ECHR. Rules apply mainly to public bodies, but a state liability may also be found to private company’s cases. Details of each employment contract and of the employee’s conduct have to be always analysed. The dress code rules applied to man and women and irrespective to their religion, so the Court has not declared it to be discriminatory because of sex or religion of employees.

Since their first screen appearances in the 1930s, zombies have enjoyed immense cinematic popularity. Defined by Romero’s 1968 Night of the Living Dead as mindless, violent, decaying and infectious, they successfully function as ultimate fiends in horror films. Yet, even those morbid undead started evolving into more appealing, individualized and even sympathetic characters, especially when the comic potential of zombies is explored. To allow a zombie to become a romantic protagonist, however, one that can love and be loved by a human, another evolutionary step had to be taken, one fostered by a literary association. This paper analyzes Jonathan Levine’s Warm Bodies, a 2013 film adaptation of Isaac Marion’s zombie novel inspired by William Shakespeare’s Romeo and Juliet. It examines how Shakespeare’s Romeo helps transform the already evolved cinematic zombie into a romantic protagonist, and how Shakespearean love tragedy, with its rich visual cinematic legacy, can successfully locate a zombie narrative in the romantic comedy convention. Presenting the case of Shakespeare intersecting the zombie horror tradition, this paper illustrates the synergic exchanges of literary icons and the cinematic monstrous.

Legislative design was a critical question at the 1787 Constitutional Convention. The peculiar compromise that was struck—featuring proportional and republican elements—defies the logic of the Convention’s majority rule. We investigate how in establishing the new national legislature, small state delegates were able to prevail over the large state majority and secure the Connecticut Compromise. We argue that the small state coalition’s victory owes to their strategy at a critical juncture: the Gerry Committee. The Gerry Committee amplified the contours of the debate over legislative design and the careful curation of its participants precipitated a shift of structural and creative freedom allowing for the consideration of alternative solutions. The Committee produced an environment favorable to a compromise on legislative structure and power by manipulating the policy dimensions connecting representation, taxation, and slavery. Participant curation was essential in allowing political opponents—the small states—to overcome unfavorable conditions, maximize utility, and craft a proposal capable of approval by delegates and eventual constitutional ratification.

El Reino Unido comenzó su lucha contra el terrorismo décadas antes de la vorágine causada por el 11S. Ello explica gran parte de su influencia sobre la legislación antiterrorista europea, a la que parece haber inspirado desde 2002. Los últimos tiempos, con el goteo de atentados en suelo británico y el panorama de los acuerdos del Brexit, han producido cambios en la misma, que, aunque no pueda negarse que siguen la senda político criminal marcada hasta ahora, sí desde luego parecen haberse confrontado directamente-ya sin cortapisas- con el Convenio Europeo para la Protección de los Derechos Humanos y de las Libertades Fundamentales, en especial con su artículo 7. En el siguiente estudio se hace un completo análisis de la lucha contra el terrorismo británica, remarcando la incidencia de la política criminal europea, las condenas del Tribunal Europeo de Derechos Humanos a Reino Unido, las evidentes similitudes con la legislación española y las más recientes disposiciones legislativas de la etapa post-Brexit.

The author presents the most significant decisions of the European Court of Human Rights regarding the right to marriage for members of the LGBT community. From the analyzed cases, we can follow the development of this right for members of the LGBT community, on the basis of which they were given the opportunity to conclude the so-called civil partnership. At the same time, the author's paper distinguishes between cases in which there has been a change of sex and, accordingly, certain problems with regard to the exercise of rights under Article 12 of the Convention.

La Convención Constitucional chilena deberá diseñar una multiplicidad de novedosas y complejas instituciones, muchas de ellas de carácter judicial. Al hacerlo, este ensayo sugiere que respecto de estas últimas deberá procurar hacerlo con un alto grado de detalle para evitar que la implementación de estas instituciones judiciales no sea excesivamente retrasada ni manipulada por futuras mayorías parlamentarias. Para argumentar en este sentido, se recogen tres experiencias del derecho comparado. En la Constitución italiana de 1948, la vaguedad en la regulación de la Corte Constitucional llevó a demoras en su implementación cruzadas por intentos de captura por parte del partido gobernante. En la reforma constitucional argentina de 1994, la deficiente regulación del Consejo de la Magistratura permitió que casi todos los gobiernos hayan intentado o logrado reformar su composición para aumentar el control político sobre este. En la Constitución chilena de 1925, la raquítica regulación de los tribunales administrativos permitió, derechamente, que estos nunca fueran implementados. Si bien los defectos en la regulación constitucional no son el único factor que explica el fracaso de estas instituciones, éstos dificultaron la coordinación entre sectores políticos y proveyeron de excusas a quienes no deseaban implementarlas.

Legal issues of ICOs are significant in the contemporary financial world because this method of capital formation is becoming widespread. In spite of the significance of ICOs, there are no financial regulations in this field in the most important legal systems. Therefore, research concerning future legal provisions in the area of ICOs is needed. This paper concerns issues related to the scope and structure of future financial regulations applicable to ICOs. The author focuses on principles on which legal provisions in the field of ICOs should be based. National, European and international matters are discussed separately in this work. Matters regarding a future international organisation competent in issues of crypto-assets are elaborated. Furthermore, the author proposes to create a model convention on cryptocurrencies and bilateral agreements on the exchange of information in crypto-asset matters. Disclosure obligations, anti-manipulation provisions and anti-money laundering principles are also set out. Moreover, the author discusses issues regarding audit requirements, special methods of registration and innovative payment rules for crypto-asset purposes. Finally, recommendations concerning ICOs are made separately for national, European and international purposes. The author believes that the conclusions in this paper can be useful not only for legislators but also for international actors, European institutions and legal researchers.

The coast of western Indonesia (Aceh province) has been the entrance for Rohingya refugees since 2012. At the beginning of 2020, the Rohingya refugees continued to arrive, although some of them have been resettled and transferred to the third countries. The Indonesian government rejected a large number of Rohingya refugees because there were no lex specialis in the Indonesian immigration arrangement related to asylum seekers and refugees. Historically, Indonesia was a country with commitment and experiences in dealing with refugees, however to date, Indonesia refused to become a party to the 1951 International Refugee Convention and 1967 Protocol on Refugees. Hence, there is no legal standards of the refugee management in Indonesia, and thus it complicates the management of the incoming Rohingyas. Responding to such issue, the government has issued the Presidential Regulation Number 125 of 2016 concerning the foreign refugee management to provide a temporary legal standard for all forms of refugee protection in Indonesia. However, such regulation has yet to comprehensively settled the management of the Rohingya people in Indonesia, particularly in Aceh province. This paper strongly advocates the Indonesian government to ratify the 1951 International Refugee Convention as to protect and settle the refugee under the non-refoulment principle which is fundamentally referred to humanitarian values.

The interpretive techniques applied by the European Court of Human Rights are instrumental in filling the vaguely formulated rights-provisions with progressive content, and their use provoked widespread criticism. The article argues that despite the scarcity of explicit references to the Vienna Convention on the Law of Treaties, all the ECtHR’s methods and doctrines of interpretation have basis in the VCLT, and the ECtHR has not developed a competing framework. The Vienna rules are flexible enough to accommodate the interpretive rules developed in the ECHR jurisprudence, although effectiveness and evolutive interpretation is favoured – due to the unique nature of Convention – over the more traditional means of interpretation, such as textualism. Applying the VCLT as a normative framework offers unique ways of reconceptualising some of the much-contested means of interpretation in order to increase the legitimacy of the ECtHR.

Although international asset recovery is one of the key anti-corruption commitments under the United Nations Convention against Corruption and the African Union Convention on Preventing and Combating Corruption, a huge gap remains between commitments and implementation. The shortcomings of international asset freezes in the case of Libya, with billions of dollars unaccounted for, confirm this statement. In this article, I identify the major obstacles for recovering stolen assets in the case of Libya and I argue that the international community needs to enhance asset recovery and mutual legal assistance, as well as to explore bold ideas, such as the reversal of the burden of proof as to the illicit origin of the assets.

In this article, I attempt to explore the relationship between law and emotions in the context of disability rights jurisprudence. It is argued that the scholarship on law and emotions has not yet grappled with either the ableist legal theory or infusion of negative emotions in law vis-a-vis physical and mental disability. Using the conceptual framework proffered by Terry Maroney, this article situates the disability rights jurisprudence in the scholarship on law and emotions with critical examination of the United Nations Convention on Rights of Persons with Disabilities (UNCRPD), the Constitution of India, and the Rights of Persons with Disability Act 2016 (RPwD Act). A case has been made out to foster infusion of positive emotions of dignity, empathy, and compassion in legal regime to combat stigmatisation of physical and mental disability, garner respect for difference and diversity and recognise disability as part of humanity.

A Constituição Brasileira de 1988, em parte, inspirada pelos movimentos ambientalistas que irromperam após a Convenção de Estocolmo de 1972, elevou o ambiente ecologicamente equilibrado ao patamar de direito fundamental. Concomitantemente, ao convertê-lo em um bem comum, impôs a todos o dever de protegê-lo e preservá-lo, inclusive para as gerações vindouras. Assim, por meio de pesquisa jurisprudencial, o objetivo do artigo é analisar como o STJ e TJPR (poder Judiciário) é acionado para se pronunciar em relação a temas ambientais. Conclui-se que o Poder Judiciário não tem sido acionado para tomar o ambiente como um bem comum ou como base de sustento da vida, mas como um recurso à disposição dos humanos.

It is something of a convention to note the timeliness of books under review. This one is not so much timely as long overdue, as is the intervention it represents. This superb collection of essays,...

The work examines the possibility for the legal entity to apply to the European Court of Human Rights for the pro-tection of violated rights, guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols. It has been determined whether an application to the European Court of Human Rights to protect one’s rights is a constitutional right of everyone. The terms «legal entity» and «person», «non-governmental organization», «group of persons» used in the text of the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols were correlated. It has been determined whether the term «legal entity» is interpreted autonomously by the European Court of Human Rights. It is indicated whether all businesses have the right to apply to the European Court of Human Rights under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Particular attention is paid to the status of persons-entrepreneurs and state-owned unitary enterprises in the relations arising while applying to the European Court of Human Rights to protect their rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. The range of rights granted to legal entities and enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols is defined.The possibility of an entity to apply to the European Court of Human Rights is not obvious, but it is realistic. By providing specific arguments it is possible to prove this possibility. The case law of the European Court of HumanRights is also proving this, ruling on complaints from businesses.At the same time, the legal entity does not have the full range of rights guaranteed by the Convention for theProtection of Human Rights and Fundamental Freedoms and its Protocols, due to the peculiarity of its status. Thisnecessitates the definition of such rights.

Persons with disabilities are vulnerable group and would be found anywhere in any situation. They become refugees since their conditions of persecution and they should leave out from their country. Unfortunately, the problem occured when persons with mental disabilities could not indicate their well-founded fear as stated in the 1951 Convention on the Status of Refugees. Regarding the problem, Convention on the Rights of Persons with Disabilities (CRPD) may be the answer to settle the problem since CRPD is the human rights approach to disability and recognizes the right of persons with disabilities to equality in most aspects of life. From CRPD, refugees with disabilities can show a well-founded fear thus giving a hope for them in obtaining refugee status and gaining access equivalent to refugees in general. UNHCR uses the CRPD as a reference in carrying out the responsibilities and commitments for the rights of refugees with disabilities.

Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe

The article provides the substantiation and systematization of the basic constitutional rights and freedoms of juvenile convicts who are, by court decision, in places of confinement. First of all, the author is determined with such concepts as "legal status", "legal (social) status of a convicted person", and comes to the following conclusion that in the theory of law and the doctrine of criminal executive law in Russia, these concepts are presented as equivalent. In its most general form, the legal status of convicted juveniles is the position of convicts regulated by the norms of various branches of law while serving a criminal sentence of imprisonment. The foundations of the legal status of convicted juveniles are enshrined in international legal acts, such as: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms and other international sources rights. Thus, under the legal status (status) of convicted juveniles, the author defines a set of legal elements (duties and rights, legitimate interests and legal restrictions) expressing the specifics and determining the content of the position of convicts while serving a sentence of imprisonment in an educational colony of the Federal Penitentiary Service of Russia. Based on the results of theoretical, methodological and empirical research, the author introduces into scientific circulation such a concept as the "Educational Center" of the Federal Penitentiary Service of Russia. Conclusions are drawn, and the modernized infrastructure of the Russian penal system is determined. The article was prepared in the scientific specialty of the Higher Attestation Commission of the Ministry of Science and Higher Education of the Russian Federation: 12.00.08 - “Criminal law and criminology; penal law". The presented material in the publication does not contain information related to state secrets of the Russian Federation.

The controversy surrounding the Simla Conference of 1913–1914 and the legality of the McMahon line, which was produced by the Conference, has been at the centre of the boundary dispute between India and China. Amidst the diverging opinions amongst scholars and political commentators, the main issue rest on the unresolved question of Tibet’s political status. Was Lhasa authorised to sign treaties for Tibet? Was China the sovereign over Tibet? The answers to such questions are murky and complicated, made more so by the politics and conflicts in the post colonial period. This study attempts to highlight the complicated nature of political authority in Tibet through a study of British policy in Tibet towards the end of 19th and early 20th centuries. The signing of the 1890 Convention with China and the 1904 Convention with Tibet represents two extremes in British foreign policy which attest to the confounding situation presented before the British and the diverging opinions within the British official circles. The period between these two conventions provides a glimpse of the historical background in which the relations between British India, China and Tibet developed subsequently.

A healthy environment is an important precondition for the enjoyment of human rights. When framed in this way, environmental protection serves human interests rather than being an end in itself. Recognition of this relationship is evident in the European Convention on Human Rights and the African Charter on Human and Peoples’ Rights, and the jurisprudence of their associated judicial bodies. However, we question whether the European or African human rights frameworks might be capable of delivering a demonstrable benefit for environmental protection. Through an examination of two cases (Dubetska v Ukraine and SERAC v Nigeria), we argue that both frameworks benefit the environment to the extent they seek to secure optimal living conditions for humans. However, the regimes are designed for the promotion of human, not environmental, well-being and consequently are largely ill-equipped to address broader environmental challenges like climate change, pollution or biodiversity loss in a way that leads to lasting environmental protection, despite these complex environmental problems continuing to threaten human rights. Accordingly, our analysis highlights the need for other appropriate legal mechanisms for individuals and communities to advocate for their environmental rights and obtain a suitable remedy when their human rights are impacted by environmental degradation.

The article compares the requirements for the lawful application of detention without a court decision as a criminal procedure established in Article 5 § 1 (c) of the Convention for the Protection of Human Rights and Fundamental Freedoms and in the second sentence of Article 29 part 3 of the Constitution of Ukraine. In particular, the content of the concept of "detention" of a person is studied, the list of subjects who have the right to detain a person without a court decision and the legal content and list of legitimate grounds for detention of a person without a court decision as a criminal procedure are studied and compared. Conventional, constitutional and criminal-procedural norms are also studied, as well as the necessity of mandatory further judicial review of the legality of the detention of a person, including the terms of such review. Based on a detailed analysis of these provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Constitution of Ukraine, relevant decisions of the European Court of Human Rights and the Criminal Procedure Code of Ukraine, it is established that the grounds for the detention of a person by a general entity, defined by paragraph 2 of Article 207 of the Criminal Procedure Code of Ukraine, and a special entity, defined by subparagraphs 1 and 2 (except subparagraph 3) of paragraph 1 of Article 208 of the Criminal Procedure Code of Ukraine, in general, correspond to the grounds for lawful detention of a person enshrined in Article 5 § 1 (c) of the Convention for the Protection of Human Rights and Fundamental Freedoms. Therefore, it cannot be qualified as unlawful interference with the human right to liberty and security of person. At the same time, proposals are formulated to make changes and additions to subparagraph 3 of paragraph 1 of Article 208 of the Criminal Procedure Code of Ukraine. It is also proved that the provisions of paragraph 2 of Article 12 and Articles 209 and 211 of the Criminal Procedure Code of Ukraine are critical provisions of the current legislation of Ukraine regarding the lawful application of detention of a person without a court decision. These provisions actually eliminate some shortcomings and establish the necessary legal and procedural grounds for the clarified application of the provision of the second sentence of part 3 of Article 29 of the Constitution of Ukraine, in accordance with the provisions of paragraph 3 of Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the practice of their application developed by the European Court of Human Rights.

This article examines the scope of the duty that arises from Article 1 of the Genocide Convention[1] (hereinafter, the Convention) that imposes on States the dual obligation to prevent and punish genocide as an international crime. The analysis will focus on the legal problems arising from the punishable acts of Article 3 which asserts a prophylactic framework regarding the crime of genocide. This article argues that Article 3 is fundamental to the obligation to prevent as well as punish since the prohibited acts are inchoate (meaning incomplete). If an act of genocide is legally conceived as incomplete, it can, in theory, be repressed in the spirit of the Convention. [1] “Convention on the Prevention and Punishment of the Crime of Genocide,” open for signature December 9, 1948, registration no. A/RES/3/260, http://un-documents.net/a3r260.htm.

Reducing Emissions from Deforestation and Forest Degradation (REDD+) is an international mechanism linked to the UN Framework Convention on Climate Change. It has been described in the field of pol...

The European Court of Human Rights has been established by this convention, currently with more than 50 years of judicial experience, is also one of the most important international judicial organizations and from November 1998 onward the Protocol 11 became enforceable and along with its being imperative, the former two-steps system consisting of European Commission of Human Rights and the European court of Human Rights changed its structure into a one-step system, that is the new European Court of Human Rights, and that significant changes were made in the way an application was dealt with and in the Court procedure as well. This article will answer this question: How can this structure secure the rights guaranteed in this Convention against member states? Given that the topics related to the Court are very broad and diverse, attempts have been made to address issues about: the history and the structure of the Court, the issue of the Protocol 11 of the European Convention on Human Rights and the aforementioned Court after this Protocol, judges and the manner of their election, jurisdiction and so forth.

The purpose of this study is to present and evaluate the main changes to the appeal proceedings model introduced in the last few years to the Polish criminal proceedings in order to accelerate it and, thereby, satisfy the requirements of Article 6 (1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The article presents arguments supporting the thesis whereby these have weakened the right of the defendant to appeal against the judgement. Under the currently applicable regulations, it is permissible that an appellate court may impose a penalty for the first time which cannot be subject to an effective appellate review. Such a solution may raise doubts as to its compliance with Article 14 (5) of the International Covenant on Civil and Political Rights. The article also formulates a thesis whereby the newly introduced measure – a complaint against the cassatory judgement of the appellate court – contrary to preliminary fears, has not in fact “blown up” the system of appeal measures in the Polish criminal proceedings. At the same time, despite the relatively small scope of its use, it may contribute to strengthening the appeal – as opposed to the revisory – model of appellate proceedings and thus accelerating the criminal proceedings. This thesis is based on the research of all complaints brought to the Supreme Court in 2016–2019.

Kantian statists believe that the state is a conceptual prerequisite for the acquisition of property rights and, hence, of freedom itself. They argue that under statelessness, property rights are indeterminate, unilateral, and unassured and therefore remain merely provisional until a state is instituted. We are not morally bound by merely provisional rights, and hence there can be no justice (or injustice) without a state. This article makes two arguments. First, it argues that property rights need not be conceptually indeterminate under statelessness. Social conventions that fall short of a state can give determinacy in ways that Kantians have not adequately considered. Second, it argues that the problems of unilateralism and nonassurance are parasitical on the problem of indeterminacy. Therefore, overcoming indeterminacy overcomes the overall thesis. I argue, therefore, that the state is not conceptually necessary to our freedom, and we have no unconditional natural duty to institute and obey a state.

Ageism and human rights violations may pervade each of the potential factors underlying suicidal ideation or behavior in older persons, including physical and mental health, disability, relationships, and social factors. We outline how infringements of human rights and ageism may create or exacerbate risk factors associated with suicide in older persons. Strategies to address these issues are discussed, including tackling ageism, psychosocial interventions and education. A United Nations convention on the rights of older persons would create a uniform standard of accountability across health and social systems. Future studies are needed to evaluate the effects of alleviating ageism and human rights violations on suicide. (Am J Geriatr Psychiatry 2021; 29:1047-1052)

Landscape character assessment is built on the Landscape Convention of the Council of Europe, which considers landscape as an area perceived by man, formed by the interactions of man and nature. According to the exemplary British practice of landscape character assessment, the particular combination and the unique composition of landscape elements have to be taken into account rather than the specific features independently. Its primary concern is that the whole is more than the sum of the parts. Landscape character assessment results in the identification of landscape character types and landscape character areas. Identifying the character types and character areas happens at more hierarchy level (national, regional, micro-regional and local level). Defining the boundaries, the characteristics, and the main factors contributing to the formation of the character should be a value-free description of the given state. The following stage of the assessment is the landscape evaluation. Making a judgement on the actual state involves locals in a participatory process, and it is the preparatory phase of formulating the landscape quality objectives. In Hungary, the first landscape character assessment, covering the entire area of the country, was carried out between 2017 and 2021. Four micro-regional case studies complemented the nationwide research. The present paper gives a brief overview of the methods used at the national level, including the feedback from the micro-regional assessment, and summarises the results.

This research aims to determine the relationship between criminal law policies as an effort to prevent corruption and to analyze how the Ministry of Religion program should be in preparing programs for preventing corruption in relation to the Integrated Criminal Policy. So that the writing will discuss the relationship between criminal law policies as an effort to prevent corruption and an integrated criminal law policy or Integrated Criminal Policy can increase the role of the Ministry of Religion in preventing corruption. The approach used in this research is the statute approach to examine regulations related to the Ministry of Religion and the prevention of corruption, the conceptual approach, which is to move from the views and doctrines in criminal law related to criminal law policies. integrated (integrated criminal policy). Prevention of corruption which is explicitly stated in UNCAC, the KPK Law and the United Nations Convention on crime prevention is an effort outside of criminal law (non-penal) which is an inseparable part of criminal law policy. The social policy carried out by the Ministry of Religion in preventing corruption is an effort outside of criminal law (non-penal) and can balance the eradication of corruption through criminal law (penal) carried out by law enforcers. This kind of social policy is a manifestation of an integrated criminal law policy that can be carried out by the government.

The article analyzes the obstacle factors to the application of the case law of the European Court of Human Rights (ECHR) in the protection`s mechanism of property rights. It is emphasized that the established application of the case law of the ECHR in the protection of property rights is the key to creating an attractive reputation of the Ukrainian real estate market, which can increase foreign investment and, consequently, improve the economy as a whole. The concept of protection and defense of property rights is differentiated, emphasis is placed on the fact that the case law of the ECHR is applied both in the protection of property rights and in all forms of protection of property rights, but it is unconditional that which can monitor compliance with the practice of the ECHR. The application of the case law of the ECHR on the protection of property rights by the courts was analyzed, and the main aspects that are obstacles in its application were identified. It is established and analyzed that the first aspect hindering the application of the ECHR practice is the incorrect, ambiguous understanding of the ECHR practice, which decisions can be used as a source of law, in particular, only decisions against Ukraine or all decisions on similar disputes. The second aspect is the declarative use of the case law of the ECHR, without substantiating it with the existing circumstances of the case, or the use of such practice of the ECHR, which does not concern or indirectly concerns the essence of the dispute. Declarative and irrelevant application of the case law of the European Court of Human Rights has been proven to lead to its formal existence in court decisions that continue to be adopted in accordance with the law, in fact it becomes impossible to comply with the Convention's safeguards. It is analyzed that in the norms of civil procedural law there is a direct indication in the motivating part of the justification of the chosen source of law, so the article suggests that the case law of the ECHR is a source of law to apply current case law and justify its connection with the circumstances of the case are considered.

Deception sometimes results in nonconsensual sex. A recent body of literature diagnoses such violations as invalidating consent: the agreement is not morally transformative, which is why the sexual...

The author considers the specifics of the legal regulation of the use and eviction from official housing, the rights and responsibilities of persons who have legally right to use such housing. The article examines the case law and a thorough analysis of the legislation on the regulation of the use of special housing and the procedure for the use of official housing. The list of persons who could not prohibited without other housing was analyzed. As a result of studying of scientific civilian’s views and concept of “official housing” and the right of a person to receive such housing, was concluded that a person’s right to official housing cannot be equated with the right to housing in general. The right to official housing is directly related to the implementation of a person’s employment functions and the duration of employment. The terms during which a person has the opportunity to apply to the court with a negative claim are considered. It was note that the conclusion of a contract for the rental of official housing is a mandatory basis for moving into housing, so its conclusion is not a significant violation. The analysis of the practice of national courts of Ukraine and the practice of the European Court of Human Rights allows us to conclude that there is no violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms on the need to take into account the balance between public interests. It was conclude that if the owner demands the release of official housing in the manner prescribed by law, it is impossible to speak of a violation of the person’s right to housing.