To see the other types of publications on this topic, follow the link: Legality of crisis.
Journal articles on the topic 'Legality of crisis'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Legality of crisis.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Lowe, Vaughan. "The Iraq Crisis: What Now?" International and Comparative Law Quarterly 52, no. 4 (October 2003): 859–71. http://dx.doi.org/10.1093/iclq/52.4.859.
Full textAbstract:
Much ink has been spilled over the question of the legality of the invasion of Iraq and of the extraordinary claims to a right to override ‘unreasonable’ uses of veto in the Security Council. That invasion has taken place, and as the United States and the United Kingdom withdrew from the Security Council the draft resoluation that would have expressly authorised that invasion, there was no occasion to override any veto that might have been cast against such a resolution had it been put to the Council. Writing while fighting in Iraq is still processding, it is both too late and too early to consider those questions of legality in great detail: too late to have any practical value; and perhaps too early for the measured appraisal of the situation that will be needed in due course. I want instead to address a slightly different question.
2
Kirkpatrick, Jennet. "Democracy on the lam: Crisis, constitutionalism and extra-legality." Contemporary Political Theory 11, no. 3 (September 20, 2011): 264–84. http://dx.doi.org/10.1057/cpt.2011.28.
Full text
3
Szumski, Jakub. "The state tribunal and the paradoxes of socialist legality in 1980s Poland." Journal of Modern European History 18, no. 3 (June 3, 2020): 297–311. http://dx.doi.org/10.1177/1611894420924961.
Full textAbstract:
During the tumultuous 1980s, Polish People’s Republic experimented with legal reforms and institutions of the constitutional state. Among these institutions, set up according to the ideas of socialist legality, was the State Tribunal, tasked with determining accountability of the former leadership from the 1970s. Brought to life amid debates around economic crisis and official corruption and legally and politically constrained, the Tribunal failed to satisfy popular demands for justice. This article explores the idea of socialist legality by looking at the history of the State Tribunal in Poland. It analyses different understandings of justice and accountability, expressed during the Solidarity Revolution, and shows how they played out in public debates and the legislative process. In order to guarantee legitimacy in the unstable political situation, Polish socialist legality needed to go further than in other Eastern Bloc countries and to address popular grievances. In Poland therefore, socialist constitutional state-building started before martial law and significantly predated the turn to liberal democracy and market capitalism in 1989.
4
Duursma, Jorri. "Justifying NATO's Use of Force in Kosovo?" Leiden Journal of International Law 12, no. 2 (June 1999): 287–95. http://dx.doi.org/10.1017/s0922156599000126.
Full textAbstract:
There is no unanimity in the international community about the legality of NATO's use of force in Kosovo in order to avert a humanitarian catastrophe. NATO has acted without Security Council authorization and its arguments for a humanitarian intervention are legally inconsistent. It has set a dangerous precedent. This editorial analyses the legal framework and complexities of the Kosovo crisis and its repercussions on the concept of ‘justified use of force’.
5
Amaral, Murilo Naves. "Pluralism Legal, Legality And Capitalism." Revista de Teorias da Democracia e Direitos Políticos 1, no. 1 (December 6, 2015): 1. http://dx.doi.org/10.26668/indexlawjournals/2525-9660/2015.v1i1.736.
Full textAbstract:
The development of legality has intrinsic relationship with the capitalist system, so that it is essential to reconcile the analysis of the current economic model with standards from state law. It happens that, as it turns out the frustration of the applicability of the right post, a crisis arises in statist legal hegemony, which in turn, can only be overcome by expanding collective participation and consequently the implementation of an alternative right that with the consolidation of legal pluralism your mind, be able to establish appropriate channels to meet the social demands.Therefore, it is crucial that the resourcefulness of law expands the participatory way in order to extend, in a democratic way, the recognition of alternative sources of law and the constitution of the legal mosaic to all those who represent the true popular demands, for example, the collective actors.
6
Sitora Kadirova. "Legality, legitimacy and legitimation of political power: theoretical analysis." International Journal on Integrated Education 3, no. 10 (October 14, 2020): 122–24. http://dx.doi.org/10.31149/ijie.v3i10.701.
Full textAbstract:
In this article author examines the nature of the legitimacy of power, correlates the concepts of “legitimacy” and “legality”. The author also analyzes the difference between legitimation and legitimacy and reports the factors and causes of the crisis of legitimacy of political power. The term “delegitimization” is considered, the reasons and conditions for its occurrence are specified.
7
Yim, Myungok Chris, and Hyun Soon Park. "Why Legitimacy Matters in Crisis Communication: A Case Study of the “Nut Rage” Incident on Korean Air." Journal of Business and Technical Communication 33, no. 2 (December 9, 2018): 172–202. http://dx.doi.org/10.1177/1050651918816360.
Full textAbstract:
This study analyzes the December 2014 “nut rage” incident on Korean Air Lines by means of in-depth interviews with corporate communication experts. We examine how Korean Air managed this crisis of legitimacy, asking whether its legitimization strategy and tactics were effective. The authors argue that Korean Air breached both cognitive and moral legitimacy in terms of leadership, corporate culture, internal and external communication, and legality. The results demonstrate to other organizations what types of legitimacy resources and tactics are required in order to meet social expectations in their responses to crises.
8
Cazzola, Franco. "Von der ersten zur zweiten Republik." PROKLA. Zeitschrift für kritische Sozialwissenschaft 25, no. 98 (March 1, 1995): 81–96. http://dx.doi.org/10.32387/prokla.v25i98.971.
Full textAbstract:
The article examines Italy's transformation process as a profound crisis of social institutions. The conjunction of a large number of crises has finally led to Tangentopoli: the erosion of social consensus, illegal practices in politics and society aswell as the decline of traditional value systems. All this has undermined the legitimacy basis of the society's institutional structure. Italy needs a new 'religio', a social connection without which a community breaks apart. The redefinition of legality and consensus is of crucial importance for the societal renewal in Italy. Cazzola's analysis results in a pessimistic diagnosis that the civil society's new beginning has been cancelled by the privatism of the Berlusconi government and that Italy is in a crisis deeper than ever.
9
Vandeginste, Stef. "Legal Loopholes and the Politics of Executive Term Limits: Insights from Burundi." Africa Spectrum 51, no. 2 (August 2016): 39–63. http://dx.doi.org/10.1177/000203971605100203.
Full textAbstract:
The nomination of incumbent Pierre Nkurunziza to stand again for president in the 2015 national elections triggered a political and security crisis in Burundi. A crucial element in the controversy around his third term was the legality of his candidacy. This paper analyses how domestic and international actors responded to the legal loopholes that characterised Burundi's term-limit legislation. Three responses are distinguished. First, quite paradoxically, an argument was put forward by third-term supporters that stressed constitutional legality, a value usually invoked by third-term opponents. Second, a peace agreement was referred to as a source of legitimacy and as a legal norm. Third, a Constitutional Court ruling was invoked to address the legal loophole. Despite the apparent irrelevance of legal norms in an increasingly authoritarian environment, law significantly shaped the dynamics of the third-term debate and of the wider crisis. The Burundi case also illustrates the limitations of constitutional engineering of democratic governance.
10
E., Abdulhamid. "The Conundrum and Legality of Stamp Duties Collection in Nigeria." African Journal of Accounting and Financial Research 4, no. 2 (April 27, 2021): 11–25. http://dx.doi.org/10.52589/ajafr/blsv21x1.
Full textAbstract:
The dwindling oil revenue to Nigeria necessitated the need to improve revenue generation. The Stamp Duties is seen as “a new gold”, however, the crisis between the FIRS and NIPOST might pose a threat. The study examined the provisions of the Stamp Duties Act and some relevant laws to ascertain the agency with the jurisdiction to collect and administer duties in Nigeria. It was found that FIRS has the authority to manage and administer duties and other taxes in Nigeria and not NIPOST. It was recommended that tax laws should be harmonised and postage stamps and stamp duties should be clearly defined to avoid ambiguity.
11
PROSKIN, Leszek. "THE CRISIS AS AN INSPIRATION LEGISLATIVE." Scientific Journal of the Military University of Land Forces 160, no. 2 (April 1, 2011): 199–217. http://dx.doi.org/10.5604/01.3001.0002.2985.
Full textAbstract:
The content of the article is taken to analyze the impact of emergencies on the perception of the world and solve the correlation between daily life and life in crisis. Sudden and unforeseeable events beyond the control of when the cause of human anguish and loss of sense of security. In such cases, society as a collective, organized attempts to normalize its operations as far as you experience and imagination. Crisis management by people saying it might seem abstract if not for the fact that it gives a substitute for a sense of security.The functioning of the society including the authorities in charge should have the characteristics of legality, ie to act within the law. In our conditions generally applicable sources of law are the Constitution, statutes, ratified international agreements, regulations and local acts of the law.
12
Minich, Julie Avril. "A Nation of Immigrants?" American Literary History 31, no. 3 (2019): 482–92. http://dx.doi.org/10.1093/alh/ajz019.
Full textAbstract:
Abstract With US immigration policy seeming ever more brutal with each new headline, it becomes increasingly tempting to advocate for the rights of migrants and asylum seekers by presenting the current situation as extraordinary and questioning the legitimacy of the Trump administration’s border enforcement tactics. Jay Timothy Dolmage, Katherine Benton-Cohen, and Beth Lew-Williams, however, show that the contemporary moment is far from exceptional; rather, immigration restriction in North America has long mobilized exclusionary nativist logics and shifting constructions of legality. Timely without being ripped from the headlines, their latest books offer much-needed historical context for a current humanitarian crisis along with important lessons from previous crises.
13
Erendor, Mehmet E. "THE LEGALITY OF HUMANITARIAN INTERVENTION: THE CASES OF KOSOVO AND LIBYA." Journal of Security Studies and Global Politics 1, no. 1 (December 15, 2016): 39. http://dx.doi.org/10.33865/jssgp.001.01.0025.
Full textAbstract:
Humanitarian intervention is the one of the most critical concepts with respect to legality and legitimacy. Although, there is no common definitions, theorists or international community defines it as violations of human rights. The main aim of this study is to argue that the international community has the responsibility to intervene to prevent a humanitarian crisis. This research also attempts to clarify the legality and legitimacy of humanitarian interventions which are limited to cases of threats to international peace, security and where there exists prior authorization by the UNSC. The article argues that humanitarian interventions should only be established under the authorization of the UNSC; and that when violation of human rights is interpreted as a threat to international peace and security, if an intervention has been authorized by the SC, it is legal.
14
VAZ, Andréa Arruda, Marco Antônio Lima Berberi, and Tais Martins. "A Crise na União Europeia e os Impactos nos Princípios Fundamentais do Trabalho Diante da Flexibilização de Direitos pelos Estados-Membros em Contrariedade aos Preceitos do Direito Comunitário." REVISTA INTERNACIONAL CONSINTER DE DIREITO 12, no. 12 (June 30, 2021): 343–56. http://dx.doi.org/10.19135/revista.consinter.00012.16.
Full textAbstract:
The research presents in a practical way the impacts of the crisis of 2008 and following years in Europe and the action of the economic block, to mitigate the crisis through austerity measures, which last to date. The search for a solution to the crisis that has plagued the European Union, the possible conflict with unavailable rights and the imposed need for flexibilization of rights, especially in labour law, deserves debate. The measures put forward by the member countries of the European Union to solve the economic crisis are also partly linked to the idea of the suppression of rights. For example, we mention the reduction of working hours, an increase in the retirement age, among other fundamental precepts inherent to the dignity of the human person, which have been made more flexible during the crisis. This article discuss the legality of these flexibilities in the face of the protection of fundamental human rights and European Community law, from the point of view of international law, of the Convention OIT, ONU, which have been ratified by the various countries of Europe. Over the years, the European Union has been going through a series of crises and consequent precarious labour law, one of the most recent and relevant, the UNITED KINGDOM’s withdrawal from the European Union through so-called Brexit.
15
Veress, Emőd. "Erdély 1919-ben: a magyar igazságszolgáltatástól a román igazságszolgáltatásig." Erdélyi Jogélet 3, no. 2 (October 27, 2020): 151–73. http://dx.doi.org/10.47745/erjog.2020.02.08.
Full textAbstract:
At the end of 1918, the Romanian Army overran Transylvania in the context of the Hungarian state crisis. Before the peace treaty conclusion, in 1919, it took over the judiciary in the occupied territories: the courts and the bar of attorneys. This article examines the course and legal context of this takeover: the problem of legality and the actual course of the takeover.
16
Efremova, K. "Post-election crisis in Myanmar." Pathways to Peace and Security, no. 1 (2021): 89–98. http://dx.doi.org/10.20542/2307-1494-2021-1-89-98.
Full textAbstract:
The article analyzes the current political situation in Myanmar where the military came back to power in February 2021. The legality of introducing the state of emergency by the military and of transferring the state power to the Commander-in-Chief of the Defence Services Senior General Min Aung Hlaing is addressed. The situation in Myanmar is also compared with the neighbouring Thailand where military takeovers have become a political routine. The difference between Myanmar’s and Thailand’s coups and their perceptions by the international community is highlighted. The “Daw Aung San Suu Kyi factor” and the political-information campaign against Myanmar in global mass media are analyzed. Special attention is paid to the U.S. policy towards Myanmar as a country that is strategically located at the coast of the Bay of Bengal. The role of U.S.-based charity funds and social networks in organizing mass protests in Myanmar, in reaction to the state of emergency declared by the military, is explored. The Civil Disobedience Movement’s actions, goals and practical results are discussed. Finally, the article outlines scenarios of future developments and focuses on the key role of Myanmar’s military (the Tatmadaw) in peaceful solution of the post-election political crisis in Myanmar.
17
Pennesi, Francesco. "The impossible constitutional reconciliation of the BVerfG and the ECJ in the OMT case. A legal analysis of the first preliminary referral of the BVerfG." Perspectives on Federalism 8, no. 3 (December 1, 2016): N—1—N—21. http://dx.doi.org/10.1515/pof-2016-0020.
Full textAbstract:
Abstract In Gauweiler v. ECB, the German Constitutional Court referred for the first time a case to the European Court of Justice. The BVerfG openly doubted the legality of the OMT program of the European Central Bank, one of the most effective European instruments in counteracting the effects of the Euro-crisis. Despite the apparent willingness of the BVerfG to accept the referring decision of the ECJ, it is clear that the German judges have a different constitutional interpretation of the monetary mandate of the ECB. This article will focus on the different conceptions of European Monetary Union and in particular of the ECB proposed by the two Supreme Courts in their case-law, and will explain why the legality of the ECB’s activity will be re-examined in the near future.
18
Ali, Saira, and Umi Khattab. "Australian talkback radio prank strategy: a media-made crisis." Journal of Communication Management 20, no. 1 (February 1, 2016): 56–74. http://dx.doi.org/10.1108/jcom-06-2015-0046.
Full textAbstract:
Purpose – The purpose of this paper is to analyse an Australian commercial radio talkback show that deployed prank as a strategy to scoop royal news to entertain an Australian audience, often commodified for popularity ratings and sponsorship dollars. Design/methodology/approach – Using textual analysis, the study empirically examined the crisis that followed the 2Day FM’s prank call to the Duchess of Cambridge at King Edward VII Hospital, London. The paper engages with the media-made disaster from the lens of issue and crisis management interrogating social conversations and news stories across three countries, i.e., Australia, Britain and India. Findings – Findings reflect that the media, in this case, radio, far more than any other public entity, is subject to public scrutiny and has a moral obligation to practice with public interest at heart. Both news and social media played crucial roles in the escalation of the crisis that ignited a range of public issues. While social media narratives were abusive, condemning and life-threatening, news stories focused on legality, ethics and privacy. Practical implications – The prank broadcast invited news and social media attention and raised public concern over the ethics of Australian radio entertainment. Crises, whilst often damaging, contribute to the rethinking and rejuvenation of organisational and professional values and practices. Originality/value – This project is significant in that it is the first to use a radio talk show as a case to engage with issue and crisis management literature and interrogate radio practice in Australia. Further, the project identifies this crisis as media-made and develops an innovative crisis lifecycle model.
19
Cercel, Cosmin. "The Destruction of Legal Reason: Lessons from the Past." Acta Universitatis Lodziensis. Folia Iuridica 89 (December 31, 2019): 15–30. http://dx.doi.org/10.18778/0208-6069.89.02.
Full textAbstract:
The legal predicament of today in Europe and beyond takes the form of a devaluation of the meaning of legality, constitutionality and, of the rule of law. What we are dealing with is yet another crisis of both the tradition of the Rechtsstaat in continental setting and, more broadly, of liberal legality. While this disruption within the sphere of the law seems to mirror the reshuffling in established politics that took place over the last twenty years, it traces back to central jurisprudential questions that have made the substance of crucial debates during the interwar and have fashioned both the field of constitutional theory of the continent and our jurisprudential apparatus for approaching the nexus between law and politics. In this article I argue that the apparent uchronia that the current status of the law opens in relation to past theoretical questions that were seeking to ground legality, is neither a simple by-product of a Zeigeist oversaturated by appeals to procedural democracy or for returns to sovereign power, nor a mere regression to past juridico-political settings. It is a historical development that has been dormant for the past decades, yet has slowly undermined legal thought and praxis. Revisiting, as a matter of historical and jurisprudential inquiry, the context and the content of this original opposition between liberal legality and its enemy, is a way of understanding what constructs our own contemporary situation.
20
GARCÉS SANAGUSTÍN, ÁNGEL. "ALGUNAS CONSIDERACIONES SOBRE LA DECADENCIA DEL PRINCIPIO DE LEGALIDAD EN EL DERECHO ESPAÑOL." RVAP 103, no. 103 (December 1, 2015): 209–53. http://dx.doi.org/10.47623/ivap-rvap.103.2015.06.
Full textAbstract:
Este estudio pone de manifiesto la crisis y decadencia del principio
de legalidad en nuestro Derecho, agravada por las consecuencias que ha acarreado
la crisis económica en el entramado político e institucional. Otros principios
jurídicos, como el de seguridad jurídica o el de confianza legítima, emergen
con capacidad para imponerse sobre la ley escrita. La generalidad de los principios
aporta una seguridad mayor que la especialidad inherente a una ley escrita,
sometida a continuas y vertiginosas modificaciones. Todo ello exige un replanteamiento
de nuestra disciplina, apoyada hasta ahora en el carácter basilar del principio
de legalidad y en el formalismo. Azterlan honek agerian uzten du gure Zuzenbidearen barruko
legezkotasunaren printzipioaren krisia eta gainbehera, zeina areagotu egin duten
ekonomia-krisiak politikara eta erakundeetara ekarri dituen ondorioek. Beste printzipio
batzuk, segurtasun juridikoarena edo legezko konfiantzarena, esaterako, gai
dira lege idatzien gainetik ezarrita geratzeko. Printzipio horien izaera orokorrak idatzizko
lege baten berezko espezialitateak baino segurtasun handiagoa ekartzen du,
azken hori aldaketa etengabe eta azkarren menpean baitago. Hori guztia dela eta,
behar-beharrezkoa da gure diziplinaren beste planteamendu bat egitea; izan ere,
orain arte legezkotasun-printzipioan eta formalismoan oinarritu izan da. This study reveals the crisis and decline of the principle of legality
in our Law, aggravated by the impact that the economic crisis has resulted in the
political and institutional framework. Other legal principles, such as legal certainty
and legitimate expectation, emerge with capacity to impose on the written law.
The generality of the principles brings greater security to specialty inherent in a
law written, subjected to continuous and dizzying change. All of this requires a
rethinking of our discipline, supported so far by basilar character of the principle
of legality and in the formalism.
21
Hankinson, Joseph. "“The bourgeois nature in difficulties”: The Crisis of Liberalism in Robert Browning's Aristophanes’ Apology." Victorian Literature and Culture 48, no. 3 (2020): 551–75. http://dx.doi.org/10.1017/s1060150319000172.
Full textAbstract:
Nathan K. Hensley's recent study, Forms of Empire (2016), posits that liberalism, as the nineteenth century progressed, came up against the “wayward meanings” generated by its own contradictions, particularly the “curious intimacy between legality and harm” that characterized a doctrine of individual freedom inextricably rooted in violent imperial expansion. For Hensley, “the dogged persistence of killing in an age of liberty disrupted the conceptual assumptions of progressive idealism”; while “the very inseparability of law and violence, never more painfully evident than in episodes of colonial war and legal emergency, collapsed the logical principles of non-contradiction and identity that remain our common sense.”
22
Chekovik, Timurlenk, and Jugoslav Achkoski. "Border Control and Using Analysis Tools due to the Humanitarian Aspect of the Immigrant Crisis." International Letters of Social and Humanistic Sciences 85 (January 2019): 1–13. http://dx.doi.org/10.18052/www.scipress.com/ilshs.85.1.
Full textAbstract:
The control of migrants in Europe has become increasingly challenging, marked by a number of illegal border-crossing. It revealed a crisis without equivalent since World War II. The European borders are now one of the most affected by migrants from Asia and Africa. Border police is the most responsible for the first interview with the asylum seeker. In terms of basic contribution to the asylum procedure, good cooperation between the border police and the services of asylum is of primary importance. There is a need of risk assessment. While the risk assessment is made there can be a violation of the humanitarian aspect of conducting regular border check. By determining the race and color of migrants, screening made on the border crossing can put legality of the border police actions in question. The Humanitarian efforts with border management, cooperation between the government services and use of appropriate methodology are an important segment handling migrant crisis. One of the known methodologies is Analysis of Competitive Hypotheses used to better assess the choice of a suitable place for migrants and their acceptance or readmission. Тhe procedure for vulnerable categories of citizens can jeopardize the legality and the manner of dealing with illegal migrants and this arises from the legal and physical protection of persons seeking asylum. The `politics of pity' changes into psychological cases to be governed by risk technologies within a `politics of risk', the humanitarian and security interventions are shown to be in no way mutually exclusive.
23
Nikouei, Majid, and Masoud Zamani. "The Secession of Crimea: Where Does International Law Stand?" Nordic Journal of International Law 85, no. 1 (February 1, 2016): 37–64. http://dx.doi.org/10.1163/15718107-08501002.
Full textAbstract:
There is more legal complexity to the secession of Crimea than meets the eye upon the first encounter with the 2014–2015 crisis of Ukraine. The secession of Crimea calls into question the traditional configuration of the right to self-determination. The question of Crimea is compounded when, in discerning the legality of some of the key issues linked to it, one must pay regard to the standards of both international law and national law. In other words, a constructive analysis of the secession of Crimea must delve into the national law standards of Ukraine, whilst simultaneously analysing the effect of observing or otherwise ignoring those standards as for the legality of secession therein from the perspective of international law. With a view to this complexity, this essay aims to combine some of the most controversial dimensions to the secession of Crimea in one piece, and clarify whether the case of Crimea can in any way be justified by the rules of international law on self-determination.
24
CHENG, Xiezhong. "Soft Law in the Prevention and Control of the COVID-19 Pandemic in China: Between Legality Concerns and Limited Participatory Possibilities." European Journal of Risk Regulation 12, no. 1 (February 9, 2021): 7–25. http://dx.doi.org/10.1017/err.2020.111.
Full textAbstract:
As a previously unknown virus, the spread of the coronavirus challenged not only medical science and public health systems, but also public governance in all countries. In order to tackle the COVID-19 crisis in China, public authorities at various levels have issued a large number of measures that have no legally binding force, but produce practical effects. A closer look at selected COVID-19 measures in China shows that both the advantages and drawbacks of soft law are brought to the fore by the pandemic. This contribution, focusing on Chinese experiences with COVID-19 soft law, argues that the lack of legal bindingness and consequently of legal enforcement does not make soft law measures ineffective. On the contrary, these “defects” ease the adoption of soft law and ensure its availability to both public authorities and citizens, hence increasing its effectiveness in combating the pandemic. Yet problems remain in realising participatory possibilities and ensuring respect for legality.
25
Currie, John. "NATO’s Humanitarian Intervention in Kosovo: Making or Breaking International Law?" Canadian Yearbook of international Law/Annuaire canadien de droit international 36 (1999): 303–33. http://dx.doi.org/10.1017/s0069005800006949.
Full textAbstract:
SummaryNATO’s seventy-nine-day campaign of air strikes against the Federal Republic of Yugoslavia has sparked a wide-ranging debate as to the legality of such military action. NATO has consistently justified its intervention on humanitarian grounds, thus clearly resorting to the controversial doctrine of “humanitarian intervention.” The author argues that while a conventional analysis of the purported right of unilateral humanitarian intervention under international law and of NATO’s acts on the Kosovo issue might lead some individuals to the conclusion that such acts were illegal (or, at best, of dubious legality), this conclusion fails to take into account the fact that state actors, particularly when acting in concert, tend to influence the content of international law itself. The author suggests that the true significance of NATO’s forcible intervention in the Kosovo crisis is that it sets a clear precedent that may well crystallize an emergent norm of customary international law permitting forcible intervention by one or more states against another on humanitarian grounds, even without prior UN Security Council authorization. While such a norm may acquire universal status, it is also possible, in light of the regional concentration of the primary actors involved as well as of important objections from some quarters as to its legality, that it will acquire (at least in the first instance) a local or regional character, perhaps confined to the Euro-Atlantic area.
26
Gemi, Eda. "Albanian Migration in Greece: Understanding Irregularity in a Time of Crisis." European Journal of Migration and Law 19, no. 1 (February 8, 2017): 12–33. http://dx.doi.org/10.1163/15718166-12342113.
Full textAbstract:
The third decade of Albanian migration to Greece signalled a historical change in the human geography of Greece’s largest migrant group. The impact of the economic recession and the visa-free regime for Albanians entering the European Union shaped a new fluid reality for Albanian irregular migration. This paper explores the impact of the socio-economic transformation processes on the migrants’ legal status vis-à-vis irregular status and integration dynamics. The emerging mobility strategies are conceptualized as a migrants’ agency that overcome socio-economic barriers or policy restrictions and navigate them. This paper goes beyond the legality-irregularity dichotomy, suggesting it is the multidimensional ‘in-between’ space of semi-irregular status where apparently ‘irregular’ Albanians interact with various forms of agency. Our aim is to explore how the irregular/legal nexus developed within the Balkan in the specific context of Greece. The empirical analysis draws on in-depth interviews with 94 Albanians and 13 stakeholders in Greece and Albania.
27
Buchan, Russell. "II. THE PALMER REPORT AND THE LEGALITY OF ISRAEL'S NAVAL BLOCKADE OF GAZA." International and Comparative Law Quarterly 61, no. 1 (January 2012): 264–73. http://dx.doi.org/10.1017/s0020589311000650.
Full textAbstract:
On 3 January 2009 Israel deployed a naval blockade against Gaza in order to prevent materials entering or leaving Gaza that could be used by Hamas in its ongoing armed conflict with Israel.1 With the humanitarian crisis in Gaza worsening, on 31 May 2010 a flotilla of vessels carrying humanitarian aid expressed its intention to violate the naval blockade and deliver the aid to Gaza. Before violating the blockade and whilst still on the high seas, Israel sought to enforce its blockade and capture the vessels. This occurred largely without incident except in relation to the Mavi Marmara (a vessel sailing under the flag of the Comoros), which resisted capture by the Israeli special forces and continued to sail in the direction of Gaza. As Israel special forces boarded the Mavi violence ensued, with nine crew members of the Mavi being killed and dozens of others injured (principally Turkish nationals). Several members of Israel's special forces were also injured. Israel eventually assumed control of the ship and the crew members were detained and the vessel and its cargo confiscated.
28
Kareklas, Stefanos. "SAND IN THE GEARBOX OF THE FUNCTIONING OF PUBLIC ADMINISTRATION: DEFECTIVE/ILLEGAL ADMINISTRATIVE ACT AND ITS CONTROL." Administrative law and process, no. 4 (27) (2019): 15–25. http://dx.doi.org/10.17721/2227-796x.2019.4.02.
Full textAbstract:
The article discusses the issue of the existence and legal repercussions of illegal administrative acts according to Greek Administrative Law. Following the principle of legality, the operation of the public administration and especially the issuing of administrative decisions should be fully governed by the relevant legal provisions; nevertheless, it rather often happens that decisions are taken, which are partially or completely in violation of legal provisions. Despite that fact, and due to the existing principle of enforcement of administrative decisions independently of their legal status (presumption of legality of the administrative decisions issued), even illegal decisions are producing legal results and have to be removed or suspended in order to re-establish legality. In the article the various types and categories of problematic decisions are presented. This issue is presented according to the theory of Administrative Law in Greece. In addition, the legal remedies foreseen for restitution of legality, other remedies and procedural functions are considered, which can be employed either by the institutions themselves or by the citizens negatively affected in their rights by the problematic decision. Even though the situation at legislative level seems to be satisfactory, the current manifold crisis of the country has led to the (pretty often conscientious) production of uncommonly many incorrect and illegal decisions, the suspension of which requires time and resources, whereas in the meantime the citizens involved have to struggle to maintain their rightful status or even to merely socially and economically survive. The quantity of such decisions of the administrative and State-institutions is reaching a threshold which can be considered risky and dangerous, not only for the parties involved but in the medium-term also for the overall democratic structure of the country’s executive and administration.
29
Kareklas, Stefanos. "“HINDRANCES IN THE EXERCISE OF FUNCTIONS” OF ADMINISTRATION: DEFECTIVE/ILLEGAL ADMINISTRATIVE ACTS, CONTROL MECHANISM." Administrative law and process, no. 2 (29) (2020): 78–88. http://dx.doi.org/10.17721/2227-796x.2020.2.06.
Full textAbstract:
The article discusses the issues of the availability and legal repercussions of illegal administrative acts according to Greek Administrative Law. Following the principle of legality, the operation of the public administration and especially the issuing of administrative decisions should be fully governed by the relevant legal provisions; nevertheless, it rather often happens that decisions are taken, which are partially or completely in violation of legal provisions. Despite that fact, and due to the existing principle of enforcement of administrative decisions independently of their legal status (presumption of legality of the administrative decisions issued), even illegal decisions are producing legal results and have to be removed or suspended in order to re-establish legality. The article presents various types and categories of problematic decisions. This issue is provided according to the theory of Administrative Law in Greece. In addition, the legal remedies foreseen for restitution of legality; the author considers other remedies and procedural functions, which can be applied either by the institutions themselves or by the citizens whose rights were negatively affected by the problematic decision. Even though the situation at the legislative level seems to be satisfactory, the current manifold crisis of the country has led to the (pretty often conscientious) production of extremely defective and illegal decisions, the suspension of which requires time and resources. Whereas the citizens involved have to struggle to maintain their rightful status or even to survive socially and economically. The quantity of such decisions of the administrative and state institutions is reaching a threshold which can be considered risky and dangerous not only for the parties involved but in the medium-term also for the overall democratic structure of the country’s executive and administration.
30
Hassanein, Ahmed Samir. "Self-referral of Situations to the International Criminal Court: Complementarity in Practice – Complementarity in Crisis." International Criminal Law Review 17, no. 1 (February 19, 2017): 107–34. http://dx.doi.org/10.1163/15718123-01703002.
Full textAbstract:
Self-referral practice has been the main source of cases before the International Criminal Court (icc) to date. This practice provokes significant questions as to its roots, legality and implications on the jurisdiction of the Court in general and the principle of complementarity in particular. Thus, the article, after considering the legal, factual and political considerations attached to self-referral, argues that self-referral, as utilized and encouraged by the icc since its inception, signals a departure of the purposive rationale of the principle of complementarity as the drafting history and the current wording of the Statute reveals, and this could have a detrimental effect on the credibility and impartiality of the Court.
31
Beukers, Thomas. "The Bundesverfassungsgericht Preliminary Reference on the OMT Program: “In the ECB We Do Not Trust. What About You?”." German Law Journal 15, no. 2 (March 1, 2014): 343–68. http://dx.doi.org/10.1017/s2071832200002984.
Full textAbstract:
It should be no surprise that a case can be made both for and against the legality of secondary market bond purchases by the European Central Bank (ECB), and of the Outright Monetary Transactions (OMT) Program in particular. It is also no secret that the ECB—like many other institutional actors in Europe—is in several ways testing the boundaries of legal provisions as a consequence of the financial and sovereign debt crisis. Still, theBundesverfassungsgericht(Federal Constitutional Court) Order of 14 January 2014 on the OMT Program is surprising for several reasons.
32
O'Connell, Mary Ellen. "The Venezuela Crisis 2019: Use of Lethal Force and Action Short of Force." Proceedings of the ASIL Annual Meeting 113 (2019): 273–77. http://dx.doi.org/10.1017/amp.2019.138.
Full textAbstract:
These comments briefly address two international legal issues of concern in the Venezuela crisis: the legality of any party resorting to lethal force or taking action short of lethal force. Turmoil in Venezuela moved to a new, more dangerous level, when in January 2019 the leader of the parliament, Juan Guaidó, claimed to be the legitimate president in place of the incumbent, Nicolás Maduro. A variety of parties have taken and have threatened to take action in the wake of Guaidó’s claim. The news media has reported on three categories of action short of lethal force, including economic sanctions, military assistance, and humanitarian assistance. In the second category, lethal force, two examples are most relevant, the use of force against protesters and others not organized to use armed force, and the use of force by, on behalf of, and against groups that are organized to fight.
33
Kobetska, Nadiia. "THE RESTRICTION OF HUMAN RIGHTS IN A PANDEMIC CRISIS: THE CASE OF UKRAINIAN LEGISLATION." Balkans Journal of Emerging Trends in Social Sciences 3, no. 2 (December 2020): 171–76. http://dx.doi.org/10.31410/balkans.jetss.2020.3.2.171-176.
Full textAbstract:
The presented paper is aimed at substantiating the formal and legal grounds for the introduction of restrictions on human rights in the battle against the spread of COVID-19 in Ukraine. The analysis of restrictive measures introduced by the Government of Ukraine is conducted by the author on the basis of their interpretation and comparison of Ukrainian legislative acts that define the legal regimes of quarantine, an emergency situation and a state of emergency. The author analyzes the problematic legislative provisions that formed the basis for the introduction of quarantine measures and an emergency situation in Ukraine and established restrictions on the implementation of a number of the constitutional rights of citizens. The article substantiates the conclusion on the constitutionality and legality of restrictions on human rights under a state of emergency, which was not introduced in Ukraine.
34
Silva, João Carlos Jarochinski. "Book Review: Constitutionalizing the External Dimensions of EU Migration Policies in Times of Crisis – Legality, Rule of Law and Fundamental Rights Reconsidered." Migration Letters 17, no. 2 (April 2, 2020): 402–3. http://dx.doi.org/10.33182/ml.v17i2.926.
Full textAbstract:
Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis, Legality, Rule of Law and Fundamental Rights Reconsidered, Edited by Sergio Carrera, Juan Santos Vara and Tineke Strik, London, 2019, 336 p. ISBN: PB: 978 1 78897 247 5. Reviewed by João Carlos Jarochinski Silva. The book edited by Sergio Carrera, Juan Santos Vara and Tineke Strik brings essential contributions to two of the most critical challenges of the European Union today: the decrease in integration and the breakdown of institutionalism in the face of human mobility of extra-community people. Stemming from a workshop held in 2017 at the University of Salamanca, it is divided into two parts. The first, EU External Migration Policies: New and old dynamics, which has six articles; and the second, EU crisis-led patterns of cooperation in light of the EU rule of law, which is composed of nine articles. In addition to these fifteen articles, the editors wrote an introductory chapter.
35
Hofmeister, Hannes. "To Bail Out Or Not to Bail Out?—Legal Aspects of the Greek Crisis." Cambridge Yearbook of European Legal Studies 13 (2011): 113–34. http://dx.doi.org/10.5235/152888712801752951.
Full textAbstract:
AbstractSince the precarious state of Greece’s public finances was revealed last October, efforts to save the ‘cradle of Europe’ are in full swing. Hence a huge rescue package for Greece was agreed on in April 2010. This was followed by an even larger EU Stabilisation Fund worth €750 billion for States encountering financial problems. While the economic aspects of these rescue mechanisms have been debated intensively, their legality has escaped closer examination. Rushed through parliaments as an ‘economic emergency’, the peoples of Europe were more or less presented with a ‘fait accompli’. But are these measures really legal under EU law? What about the notorious ‘no bailout’ clause? And what about the alternatives to the rescue packages: Would it have been legal to withdraw from EMU? Or to expel a State from EMU? This chapter will shed some light on these important aspects of EU law.
36
Hofmeister, Hannes. "To Bail Out Or Not to Bail Out?—Legal Aspects of the Greek Crisis." Cambridge Yearbook of European Legal Studies 13 (2011): 113–34. http://dx.doi.org/10.1017/s1528887000001993.
Full textAbstract:
Abstract Since the precarious state of Greece’s public finances was revealed last October, efforts to save the ‘cradle of Europe’ are in full swing. Hence a huge rescue package for Greece was agreed on in April 2010. This was followed by an even larger EU Stabilisation Fund worth €750 billion for States encountering financial problems. While the economic aspects of these rescue mechanisms have been debated intensively, their legality has escaped closer examination. Rushed through parliaments as an ‘economic emergency’, the peoples of Europe were more or less presented with a ‘fait accompli’. But are these measures really legal under EU law? What about the notorious ‘no bailout’ clause? And what about the alternatives to the rescue packages: Would it have been legal to withdraw from EMU? Or to expel a State from EMU? This chapter will shed some light on these important aspects of EU law.
37
Milyaeva, L. G. "THEORETICAL AND METHODOLOGICAL ASPECTS OF EXPRESS DIAGNOSTICS OF PERSONNEL SAFETY OF THE ENTERPRISE." Economics Profession Business, no. 3 (September 14, 2020): 59–66. http://dx.doi.org/10.14258/epb201987.
Full textAbstract:
In the context of a crisis economy, the need for monitoring personnel security, which is a key component of the economic security of the enterprise, is being updated. The article emphasizes the legality of express diagnostics of personnel safety of the enterprise by personnel loyalty; the results of the terminology analysis of the definition of “personnel security of the enterprise” are given, indicating the ambiguity of its interpretations; The essential-content basis and indicators of personnel safety are substantiated, standard characteristics of a loyal employee are specified; features of rapid analysis are noted. The central place in the work is given to a critical analysis of known methods for assessing personnel loyalty and arguing their unsuitability for rapid diagnostics of personnel safety of the enterprise. The article presents the original author’s technique of rapid diagnosis of the personnel situation according to two criteria: the level of staff loyalty and the loyalty profile, reflecting the degree of consistency of categorical levels. In conclusion, the distinctive features of the methodology are emphasized (simplicity, visibility of the presentation of results, diversification of use, universal nature), and the legality of its replication in specialized publications is justified.
38
Pertile, Marco, and Sondra Faccio. "What we talk about when we talk about Jerusalem: The duty of non-recognition and the prospects for peace after the US embassy’s relocation to the Holy City." Leiden Journal of International Law 33, no. 3 (June 10, 2020): 621–47. http://dx.doi.org/10.1017/s0922156520000229.
Full textAbstract:
AbstractThe article addresses the legality of the relocation of the United States embassy from Tel Aviv to Jerusalem in light of the duty of non-recognition and the international consensus on the two-state solution. Analysing the massive reaction of states to the United States administration’s decision, the article takes stock of the practice on the status of Jerusalem and on the Israeli-Palestinian issue more broadly. The authors conclude that the almost unanimous negative reaction of states and their commitment to the two-state solution will remain a dead letter if the solution to the crisis is left to a future bilateral agreement.
39
Kumar Singh, Anand. "Examining the Effect of Export Restrictions on Medical Products under WTO during Covid-19 Pandemic." Qubahan Academic Journal 1, no. 3 (June 15, 2021): 10–13. http://dx.doi.org/10.48161/qaj.v1n3a71.
Full textAbstract:
Export of medical instruments in midst of life-threatening pandemic crisis has increased significantly. However, the urgent supply of medical products faces the challenge of unprecedented protectionist restrictions introduced by several developed nations. These restrictions, introduced to avoid shortage of medical products in domestic market of such exporting countries, threaten the lives and livelihood of million others in immediate and urgent need of goods. The article examines the legality and effect of these restrictions under the extant WTO framework. Lastly, the article also highlights the necessity of international cooperation between nations to overcome partisan policies of self-interest and the imporatnce of collective efforts in this fight against a common threat.
40
Butler, Sean. "Separating Protection from Politics: The UN Security Council, the 2011 Ivorian Political Crisis and the Legality of Regime Change." Journal of Conflict and Security Law 20, no. 2 (February 26, 2015): 251–76. http://dx.doi.org/10.1093/jcsl/krv001.
Full text
41
de Sá Ribeiro, Marilda Rosado, and Orlando José Guterres Costa Júnior. "Global Governance and Investment Treaty Arbitration: The Importance of the Argentine Crisis for Future Disputes." Law and Practice of International Courts and Tribunals 14, no. 3 (December 9, 2015): 417–37. http://dx.doi.org/10.1163/15718034-12341301.
Full textAbstract:
Foreign direct investments are important catalysts for national development and states have sought to attract investment by ratifying investment treaties that offer guarantees to foreign investors and that allow foreign investors to file an arbitration against a host state directly before an international tribunal. However, investment treaty arbitrations do not act only as a mechanism of dispute settlement; they also have a global governance role. They review the legality of state conduct through their adjudicative powers, in reference to those obligations that are narrowly stipulated in investment treaties. On the other hand, states must protect the most basic interests of those under their jurisdiction, even if to do so contradicts the interests of investors, and, in turn, investors have submitted claims against states through international arbitration whenever their interests have been contradicted. In the following article it will be discussed how the regulatory capacity of states has been considered in investment treaty arbitrations, with particular regard to the arbitrations filed against Argentina in the 2000s.
42
Karkatsoulis, Panagiotis. "Τhe impact of Covid-19 on Better Regulation agenda." HAPSc Policy Briefs Series 1, no. 1 (June 30, 2020): 100. http://dx.doi.org/10.12681/hapscpbs.24954.
Full textAbstract:
The outbreak of the Covid-19 has had a negative impact on Governance systems. According to the recent literature, the pandemic should be understood as one more step towards Autocracy. Governance systems have reacted to the coronavirus pandemic through a series of decisions, which suffer both in terms of their issuing significant faults as far as it concerns both their process of issuing and their content. The vast majority of the commented decisions are violating the legality principle and have been issued on a “state of emergency” basis.In fact, what has been happening during the pandemic, is a systematic cancellation of the Better Regulation Agenda. Recent surveys have shown that the poorest the quality of Governance, the heaviest (negative) impact of the coronavirus on regulatory policies. In Greece there was an intensification of corporatistic regulation and decisions during the crisis. Covid-19 has functioned as an alibi: Many agencies and public organizations followed an extralegal procedure, when it came to the recruitment of personnel as well as public procurement. What does change during a crisis like the pandemic, is the people’s attitude towards government, which offers an opportunity to push some reforms forward. But as long as the governance system remains unchanged those reforms are bound to fade out soon after the crisis is over.
43
Winfield, Richard Dien. "Unity in the Common Law?: Critical Notice:The Unity of the Common Law: Studies in Hegelian Jurisprudenceby Alan Brudner." Canadian Journal of Law & Jurisprudence 9, no. 2 (July 1996): 411–23. http://dx.doi.org/10.1017/s0841820900003520.
Full textAbstract:
A specter of disunity haunts the common law, threatening to throw property, contract, tort, and penal law into a crisis, where competing paradigms stand intransigently opposed, undermining any claims of coherence and giving sober proof that legality is a battleground of equally unjustifiable ideologies where only force wins out at the end. The impending crisis pits advocates of liberalism, affirming the primacy of the right over the good, against communitarians, upholding the priority of commonly shared ends embodied in an historically given community. Yet although the conflict parallels what many take to be the exhaustive options of ethical thought, the difficulty extends beyond theoretical dispute into the actual practice of common law, where at every turn, tendencies promoting welfare clash with tendencies upholding the formal right of ownership. In face of such division in both theory and practice, the dangers of idealism seem hardly surmountable by fidelity to law or by reflective equilibrium, for if disunity pervades legal thought and convention, neither appeal to the given can locate a coherent kernel in the conflicted shell.
44
Gajic, Tatjana. "Francoist Legality: On the Crisis of Authority and the Limits of Liberalism in Jesús Fueyo and José Ortega y Gasset." European Legacy 13, no. 2 (April 2008): 161–74. http://dx.doi.org/10.1080/10848770801913115.
Full text
45
Kamal, Assist Prof Hadel Adil. "Analisis personal del dictador en la novela la fiesta del Chivo." ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 218, no. 1 (November 9, 2018): 72–57. http://dx.doi.org/10.36473/ujhss.v218i1.527.
Full textAbstract:
La Fiesta del Chivo is a story novel that portrays the Trujillo dictatorship in the Dominican Republic . Dictatorships have unfortunately been a constant feature in our continent This phenomenon also called Latin American caudillo has permeated the history of blood and violation of human rights . Usually of a dictatorship it is usually the result of a process of profound social upheaval and typically occurs through a military move against the power structures previously established movement that takes the form of coup. Terror and fascination of all Dominicans Trujillo and the facade of legality which is constructed to maintain an image of "democracy" against other states are observed in the novel , which is closely related to the question of the " crisis of sovereignty."
46
Jubilut, Liliana L. "Has the ‘Responsibility to Protect’ Been a Real Change in Humanitarian Intervention? An Analysis from the Crisis in Libya." International Community Law Review 14, no. 4 (2012): 309–35. http://dx.doi.org/10.1163/18719732-12341234.
Full textAbstract:
Abstract One of the most relevant axiological clashes in the international arena occurs between the concepts of sovereignty and human rights. This clash involves the questions of legality and legitimacy and is highlighted in the practice of humanitarian intervention. An attempt to bridge this gap was made in 2001 with the doctrine of the ‘responsibility to protect’ – adopted in 2005 by the UN. It proposes doctrinal, practical and ethical shifts in the treatment of humanitarian interventions, bringing along a more holistic approach with the proposal of responsibilities to react, to prevent and to rebuild. 7 years after its adoption and in light of the recent development of the military action against Libya, where the ‘responsibility to protect’ was called upon for the first time, the present article analyses the doctrinal, practical and ethical aspects of the ‘responsibility to protect’ aiming to verify whether the doctrine has been a real change in humanitarian interventions.
47
Beatrice, Omodanisi Kemi. "How Sovereign Is a State From Foreign Intervention? Gambia as a Case Study." International Journal of Law and Public Administration 2, no. 2 (August 13, 2019): 10. http://dx.doi.org/10.11114/ijlpa.v2i2.4155.
Full textAbstract:
This paper examines to what extent is Gambia sovereign from foreign intervention. It considers the legality or otherwise of ECOWAS’ military intervention in the recent post-election/ political crisis in Gambia. Bearing in mind that national sovereignty in international law is not absolute as International Humanitarian Law, Human Right and International Criminal Law have provided exceptions, this paper highlight situations which permit foreign intervention in a state and considers the various argument of writers on the legality/illegality of ECOWAS’ military intervention in Gambia. The paper argues that ECOWAS’ military intervention lacks the requisite authorisation of the UN Security Council who by its resolution permitted the application of political measures only. ECOWAS also failed to meet the requirement for the application of Responsibility to Protect (R2P) in Gambia. More so, intervention on the basis of restoring democracy is void of legal backing as the enabling protocol permits ECOWAS to apply sanctions on member-state where democracy is abruptly brought to an end. On the whole, this paper concludes that though ECOWAS’ military intervention is justifiable in view of the situation in Gambia, it however lacked the requisite legal backing. The paper recommends that in situations where intervention is not based on humanitarian reason to necessitate the application of R2P, military intervention should have the requisite authorisation of the UN Security Council and the application of force should be the last option having exhausted all other means of dispute resolution.
48
Pinedo, Maria Elvira Mendez. "Indexation Of Consumer And Mortgage Credit In Iceland In 2014." International Journal of Finance & Banking Studies (2147-4486) 3, no. 4 (July 21, 2014): 41–67. http://dx.doi.org/10.20525/ijfbs.v3i4.191.
Full textAbstract:
Six years after the financial crisis that led to the collapse of the banking system in 2008, the over-indebtedness of households is one of the most important problems in Iceland. This study aims to cast light on a specific feature of the Icelandic credit system in connection with the problem of over-indebtedness. The main research question is whether the end of indexation of credit is close or not. The author argues, in the first place, that indexation of credit ex-post to the consumer price index (CPI) in negative amortization schemes is responsible for over-indebtedness. In the second place, the author describes the challenges ahead in the field of consumer and mortgage credit in Iceland in the light of European law (European Union EU and European Economic Area EEA). The incorporation of Directive 2008/48 on credit agreement for consumers to the Icelandic domestic order through the EEA Agreement allowed a preliminary legal review of the practice in light of EU/EEA consumer credit law, both at national and European level without a final conclusion. It has nevertheless led to the judicial review on the legality of some indexation alleged malpractices before national courts and to the EFTA Court for interpretation (mostly on Directives 93/13/EEC on unfair terms 87/102/EEC on consumer credit). A ruling from the Supreme Court is expected on several cases. A critical battle between the legality, the fairness and the legitimacy of indexation of credit is taking place in Iceland under the influence of European law.
49
Owoyemi, Musa Yusuf. "Zakat management." Journal of Islamic Accounting and Business Research 11, no. 2 (January 2, 2020): 498–510. http://dx.doi.org/10.1108/jiabr-07-2017-0097.
Full textAbstract:
Purpose The purpose of this study is to look at Zakat management and the crisis of confidence in the ability of the state and zakat agencies to dispense zakat to the rightful beneficiaries as mentioned in the Quran. Confidence is a very important element between the payers and collectors of zakat and when this is lost, it affects the willingness of the payers to give zakat to the zakat collectors (state or zakat agency). This crisis of confidence led to the need to look at the legality of the payer giving zakat directly to the beneficiaries and whether this is a sin as argued in certain quarters. Design/methodology/approach Using the qualitative method by using historical, analytical and critical tools, the research examines the concept of proximity in the distribution of zakat and based on this argues that giving zakat directly to the beneficiaries is a viable option when there is a crisis of confidence between the payer and the state or zakat agency. Findings Through the analysis of the opinions of scholars, the research affirms that scholars are divided on whether to pay zakat to the state or give it directly to the beneficiaries. Based on this, the research concludes that although the ideal is to give zakat to the state or zakat agency, but there is no sin in giving zakat directly to the beneficiaries especially where there is a problem of confidence in the state and/or zakat agency. Research limitations/implications The research discussed the legality of giving zakat to the recipients of zakat directly using the historical, analytical and critical tools. This shows that the research is qualitative in nature and is library based therefore limited in scope. Basically, this research is concerned with refuting the claim that it is a sin for zakat payers to give zakat directly to the recipients especially when there is a problem of trust in zakat agencies and a crisis of confidence in the ability of these agencies to do what is right with the zakat funds. This leaves room for further research on the issue. Practical implications It is important to create confidence in zakat agencies' collection and distribution of zakat so that it will encourage more Muslims to pay their zakat and allow it to reach as many people as possible. Encouraging the creation of a vetting organization by Muslim professional accountants and others that can help in making zakat agencies transparent and trustworthy. Social implications It emphasizes the importance of trust and confidence that institutions must project for the people to do business with them. Originality/value The research contributes to the body of knowledge on zakat collection and distribution. It shows the importance of trust and confidence in zakat management and recommended ways in which trust and confidence could be built in the effective collection and distribution of zakat.
50
Medeubayev, Erlan. "Political, Interparty and Moral Crisis of the “War Communism” Policy in Kazakhstan 1920-1922." Oriente Moderno 96, no. 1 (August 18, 2016): 132–55. http://dx.doi.org/10.1163/22138617-12340098.
Full textAbstract:
The article deals with the implementation of the complex of political and socio-economic measures of the Soviet state, called the policy of “war communism” in the cities of the Steppes and Turkestan in 1918-1921. Based on materials gleaned from various sources, the author endeavours to explore the processes of socialization and municipalization of private houses and dwellings, the nationalization of private property, which took place in the cities of the KazASSR and tassr; highlight some of the issues related to the subject policy of “war communism” in the cities of Kazakhstan. Various restrictive decrees and orders of the Soviet power in this period, aimed at limiting commodity-money relations and the prohibition of the right to private property put people into a rigid framework of survival. Approved in the sphere of public life, the ideology of “war communism” inevitably left its mark on the life of the city. This ideology was a special sociocultural phenomenon, strengthening other social psychology and ethics which propagandized the need to destroy the old “bourgeois” culture and create a new “proletarian culture”. “War Communism” as opposed to “bourgeois individualism” principles of the socialist community, broske vital foundations of society. A characteristic feature of this period is the legitimization of violence and its use as a universal remedy of solving all problems. Under the pressure of revolutionary changes the sense of justice in society underwent considerable transformation. The right to inviolability of private property was completely ignored. The ruling regime no longer recognized the existing legal mechanisms, replacing them with the amorphous concept of “revolutionary legality.”