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Relevant bibliographies by topics / Principle of equality of belligerents

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Academic literature on the topic 'Principle of equality of belligerents'

Author: Grafiati

Published: 3 June 2025

Last updated: 31 July 2025

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Journal articles on the topic "Principle of equality of belligerents"

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KOUTROULIS, VAIOS. "And Yet It Exists: In Defence of the ‘Equality of Belligerents’ Principle." Leiden Journal of International Law 26, no. 2 (2013): 449–72. http://dx.doi.org/10.1017/s0922156513000113.

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AbstractThe equal application of international humanitarian law (jus in bello) to all parties to an international armed conflict is a cornerstone principle of jus in bello. In his article, Professor Mandel casts doubt on the legal basis of this principle. Reacting to this claim, this contribution demonstrates that the ‘equality of belligerents’ is a principle firmly grounded in both conventional and customary international law. Moreover, its legal force withstands the test of international jurisprudence, including the International Court of Justice's controversial Nuclear Weapons advisory opin

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Somer, Jonathan. "Jungle justice: passing sentence on the equality of belligerents in non-international armed conflict." International Review of the Red Cross 89, no. 867 (2007): 655–90. http://dx.doi.org/10.1017/s1816383107001221.

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AbstractA special challenge posed by the international humanitarian law (IHL) principle of equality of belligerents in the context of non-international armed conflict is the capacity of armed opposition groups to pass sentences on individuals for acts related to the hostilities. Today this situation is conflated by the concurrent application of international human rights and criminal law. The fair trial provisions of IHL can incorporate their human rights equivalents either qua human rights law or by analogy, recognizing that human rights law does not account for the anomalous relationship bet

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MANDEL, MICHAEL. "Aggressors' Rights: The Doctrine of ‘Equality between Belligerents’ and the Legacy of Nuremberg." Leiden Journal of International Law 24, no. 3 (2011): 627–50. http://dx.doi.org/10.1017/s0922156511000288.

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AbstractThe moral and legal debate over the separation of jus in bello from jus ad bellum generally assumes that the law of war supports this separation and the concomitant doctrine of ‘equality between belligerents’, also known as the ‘duality’ or the ‘symmetry’ principle. This article examines the Nuremberg-era precedents and legal scholarship, as well as more recent legal and scholarly material, and argues that the general assumption is wrong and that the arguments supporting the radical legal separation of the two jus's are unconvincing.

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CHEHTMAN, ALEJANDRO. "Revisionist Just War Theory and the Concept of War Crimes." Leiden Journal of International Law 31, no. 1 (2017): 171–94. http://dx.doi.org/10.1017/s0922156517000498.

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AbstractUnder contemporary international law, war crimes are conceived as particularly serious violations of the laws of armed conflict. Mere participation of rank-and-file soldiers in an unjust or unlawful war is generally not considered to warrant legal punishment. This position is based on the principle of equality between belligerents. During the last 20 years, this principle has been challenged by the so-called revisionist position in just war theory, as well as by certain scholars in international law. According to them, unjust or unlawful participants in armed conflict perpetrate seriou

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Chehtman, Alejandro. "OCCUPATION COURTS,JUS AD BELLUMCONSIDERATIONS, AND NON-STATE ACTORS: REVISITING THE ETHICS OF MILITARY OCCUPATION." Legal Theory 21, no. 1 (2015): 18–46. http://dx.doi.org/10.1017/s1352325215000087.

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ABSTRACTThis article provides a normative appraisal of the law of military occupation by looking into occupation courts and their legitimacy. It focuses on two cornerstones of the current regulation of war: the principle of equality of belligerents, that is, the potential relevance ofjus ad bellumconsiderations on thein bellorights of occupants, and the normative force of the traditional distinction between states and non-state armed groups, specially in conflicts not of an international character. Against the currently predominant neoclassical position in just war theory, it argues in favor o

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Yun, Seira. "Breaking Imaginary Barriers." Journal of International Humanitarian Legal Studies 5, no. 1-2 (2014): 213–57. http://dx.doi.org/10.1163/18781527-00501008.

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This paper seeks to clarify the confusions regarding the relationships between international human rights law and international humanitarian law, the principle of equality of belligerents, and the use of the term “should” in treaties. For this purpose, it examines, as a case study, the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, on which doctrine is divided whether Article 4(1) thereof is binding on armed non-State actors. First, this paper reconceptualizes international humanitarian law as a subset of international human rig

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Heffes, Ezequiel, Marcos D. Kotlik, and Brian E. Frenkel. "Addressing Armed Opposition Groups through Security Council Resolutions: A New Paradigm?" Max Planck Yearbook of United Nations Law Online 18, no. 1 (2014): 32–67. http://dx.doi.org/10.1163/18757413-00180003.

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In the last few decades, the un Security Council has increasingly implemented enforcement measures in the context of many non-international armed conflicts. Both in those cases and in international conflicts, certain resolutions explicitly impose rights and obligations upon all the parties, without making a legal distinction between States and non-State actors, including armed opposition groups. This paper aims to explain some consequences of the approach adopted by the Security Council. Mainly, two issues are dealt with: (a) how does the Security Council address armed opposition groups and to

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Heffes, Ezequiel, and Marcos D. Kotlik. "Special agreements as a means of enhancing compliance with IHL in non-international armed conflicts: An inquiry into the governing legal regime." International Review of the Red Cross 96, no. 895-896 (2014): 1195–224. http://dx.doi.org/10.1017/s1816383115000788.

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AbstractCommon Article 3 to the four Geneva Conventions encourages the parties to a non-international armed conflict to bring into force international humanitarian law provisions through the conclusion of special agreements. Since armed groups are ever more frequent participants in contemporary armed conflicts, the relevance of those agreements as means to enhance compliance with IHL has grown as well. The decision-making process of special agreements recognizes that all the parties to the conflict participate in the clarification and expansion of the applicable rights and obligations in a way

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Pfanner, Toni. "Asymmetrical warfare from the perspective of humanitarian law and humanitarian action." International Review of the Red Cross 87, no. 857 (2005): 149–74. http://dx.doi.org/10.1017/s1816383100181238.

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AbstractWarring parties are increasingly unequal and the principle of equality of arms does not apply to them. This asymmetry in warfare has many ramifications. The militarily weaker party is tempted to have recourse to unlawful methods of warfare in order to overcome the adversaries' strength. The expectation of reciprocity as a fundamental motivation for respecting the law is often illusory and replaced instead with perfidious behaviour; covert operations substitute for open battles, “special rules” are made for “special situations”. The fight against international terrorism seems to constit

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Charvet, John. "Fundamental Equality." Utilitas 10, no. 3 (1998): 337–52. http://dx.doi.org/10.1017/s0953820800006257.

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By fundamental equality is meant the idea of the equal worth of human beings understood as a constitutive principle of morality. The paper is concerned with how this principle may be justified. Attempts to justify it in an objectivist way by citing some quality of human beings in virtue of which they are supposed to be of equal worth are rejected. Such approaches in fact justify inequality to the extent that some people possess the quality to a greater degree than others. The endeavour to avoid this trap, by attributing an inherent worth to each individual by virtue of their possession of the

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Dissertations / Theses on the topic "Principle of equality of belligerents"

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Woolaver, Hannah Douglass. "Recent developments related to the principle of equality of States in international law : equality and non-intervention." Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610779.

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Suckle, Elsa. "Muslim religious accommodation in public institutions : an exploration of religious equality in principle and practice." Thesis, University of Warwick, 2009. http://wrap.warwick.ac.uk/3210/.

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This thesis assesses fairness for Muslim religious value claims in liberal institutions aspiring to public neutrality. This is achieved though critically examining neutrality and religious equality in liberal political theory, national models of secularism, and instantiations at the local level of schools and workplaces. Through adopting a contextual approach to political theory, I argue for the situated nature of fairness. The aim of this approach is to utilise ideal theory to arrive at realistic guidelines fit for real (non-ideal) worlds. I therefore both address the limits of theory to prac

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Wagland, Richard. "Age, equality, and cultural oppression : an argument against ageism." Thesis, Brunel University, 2004. http://bura.brunel.ac.uk/handle/2438/5557.

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The concept of 'ageism' has often been thought to be of limited moral concern, especially in comparison to other forms of discrimination such as racism and sexism. Nevertheless, there are also those who believe that ageism is morally significant, and there are diametrically opposed views within liberal and egalitarian theory as to whether age discrimination is or is not just. This thesis has two objectives. Firstly, it seeks to overcome the apparent vagueness of the concept that has given rise to such diametrically opposed views concerning ageism by examining exactly what the phenomenon involv

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Caple, Andrew. "Transparency, privacy and equality: A human rights analysis of the open justice principle in Australian mental health legislation." Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/109615/1/Andrew_Caple_Thesis.pdf.

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This research analysed Australia's statutory recognition of the common law principle of open justice at mental health civil commitment review hearings and whether its operation complies with the current United Nations human rights framework. This thesis argues that Australia's statutory approaches are inconsistent and that accordingly, each Australian state and territory should implement a supported decision-making framework to enable mental health involuntary patients, should they wish, to make autonomous decisions to waive rights to privacy and confidentiality, and to open a review hearing e

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Revilla, Izquierdo Milagros Aurora. "The constitutional principle of french laicism post Charlie Hebdo." Pontificia Universidad Católica del Perú, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/116270.

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The attack on Charlie Hebdo in January 2015 caused political statements and academic reflections principally on the danger to constitutional principle of french laicism and republican values, without detriment to the references to freedom of expression and other rights as to the relationship with terrorist attacks in november 13 in Paris in the same year. The purpose of this work is the understanding and application of this constitutional principle in the present circumstances in France. The point of reference is the legal basis, the recent national jurisprudence and consideration of this in t

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Figueiredo, Margarida Simões. "O exercício do direito ao trabalho da pessoa com deficiência motora." Master's thesis, Instituto Superior de Economia e Gestão, 2016. http://hdl.handle.net/10400.5/12847.

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Mestrado em Gestão de Recursos Humanos<br>O presente estudo visa compreender como se tem processado o exercício do direito ao trabalho pela pessoa com deficiência motora em Portugal. O enquadramento teórico inicia-se com uma contextualização histórica do conceito de deficiência e suas definições, prosseguindo para um enquadramento jurídico onde se aprofundam os princípios da igualdade e da não discriminação que devem nortear o exercício daquele direito. A problemática da investigação aponta para um estudo transversal, analítico e observacional feito a partir de uma amostra recolhida através de

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Menezes, Antonia. "Developing states' long walk to freedom: an examination of the principle of non-discrimination, substantive equality and proportionality in investor-state disputes." Thesis, McGill University, 2009. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=40845.

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The principle of non-discrimination is widely subscribed to in both Bilateral Investment Treaties and Investor-State arbitration awards. However, when this principle is deconstructed, it appears to be less evident what it entails and accordingly, how it should be applied in practice. This thesis examines how discriminatory treatment is defined under international investment law and seeks to articulate a more coherent test based upon the substantive standard of equality and the proportionality principle. By examining a current Investor-State dispute against the Government of South Africa, it

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André, Amélie. "Essai sur l'équité en droit pénal." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD046.

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À première vue, l’équité apparaît comme un phénomène absent du droit pénal. Il faut dire que l’idée de l’équité a été victime d’une histoire mouvementée autorisant les plus grandes confusions à son égard, lesquelles se sont cristallisées sous la période révolutionnaire. L’absence de référence explicite à la notion et l’anathème dont elle fait l’objet, dans une matière qui ne tolère aucun facteur déstabilisant, ne sauraient pourtant signifier que l’équité ait été totalement évincée du droit pénal. En réalité, elle est un phénomène occulte, dont il faut révéler les manifestations latentes, pour

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Ribas, Guilherme Favaro Corvo. "A prova no processo administrativo de investigação de cartel." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2134/tde-24112015-153722/.

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A presente tese de doutorado tem por objetivo demonstrar que a atividade probatória conduzida pelo Conselho Administrativo de Defesa Econômica - CADE, nos processos administrativos de investigação de cartéis, apresenta deficiências e demanda aperfeiçoamento. Para comprovação da tese, foi revisada a jurisprudência do órgão em um período de 15 anos (1999-2014), identificando-se as características e os procedimentos relacionados a essa que é a mais importante etapa dos processos sancionadores: a reconstrução histórica dos fatos controversos. No primeiro capítulo, são examinados o poder de polícia

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Planting-Gyllenbåga, Anna. ""Ibland tror jag man kan ha en dubbelmoral inom sig själv..." : - En studie om gymnasielevers förståelse av jämlikhet på en principiell och konkret nivå." Thesis, Karlstad University, Karlstad University, Karlstad University, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-3330.

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<p>The purpose of this study is, by groupinterviewing students in upper secondary school, to investigate students comprehension of equality on a principle level and a concrete level. The questions at issue are as follows; how is the comprehension on respective levels described and is there any difference or similarities between the two levels? Further more, this study also aims to end with a discussion regarding the result from the mainpurpose in relation to the educational environment.</p><p> </p><p>In my conclusion there is to be find a certain difference between the comprehensions of equali

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Books on the topic "Principle of equality of belligerents"

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Rossi, Lucia Serena, and Federico Casolari, eds. The Principle of Equality in EU Law. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-66137-7.

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Meussen, Gerard Theodora Karel, 1957-., ed. The principle of equality in European taxation. Kluwer Law International, 1999.

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T'shaka, Oba. Return to the African mother principle of male and female equality. Pan African Publishers and Distributors, 1995.

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vande, Lanotte Johan, Sarkin-Hughes Jeremy, Haeck Yves, Rijksuniversiteit te Gent. Vakgroep Publiek Recht. Vakgebied Grondwettelijk Recht., and University of the Western Cape. Dept. of Public Law., eds. The principle of equality: A South African and a Belgian perspective. Maklu, 2001.

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(Ireland), Labour Party. Summary of the principle provisions of the Labour Women's National Council statement on equality. The Labour Party, 1985.

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M, Buchanan James. Politics by principle, not interest: Toward nondiscriminatory democracy. Cambridge University Press, 2006.

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Bernard, Andrew B. Factor price equality and the economies of the United States. National Bureau of Economic Research, 2000.

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Fong, Bruce W. Racial equality in the Church: A critique of the homogeneous unit principle in light of a practical theology perspective. University Press of America, 1996.

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Pitman, Julia. Our principle of sex equality: The ordination of women in the congregational church in Australia :1927-1977 /Julia Pitman. Australian Scholarly Publishing Ltd., 2016.

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Russia (Federation). Ministerstvo nauki i vysshego obrazovanii︠a︡ and Saratovskiĭ nat︠s︡ionalʹnyĭ issledovatelʹskiĭ gosudarstvennyĭ universitet imeni N.G. Chernyshevskogo. I︠U︡ridicheskiĭ fakulʹtet, eds. Prava zhenshchin i muzhchin v Rossii: Realizat︠s︡ii︠a︡ print︠s︡ipa ravenstva : monografii︠a︡ = Rights of women and men in Russia : realization of the principle of eqality : monograph. Prospekt, 2019.

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Book chapters on the topic "Principle of equality of belligerents"

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Heffes, Ezequiel. "Generating Respect for International Humanitarian Law: The Establishment of Courts by Organized Non-State Armed Groups in Light of the Principle of Equality of Belligerents." In Yearbook of International Humanitarian Law. T.M.C. Asser Press, 2016. http://dx.doi.org/10.1007/978-94-6265-141-8_7.

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Tiedemann, Paul. "The Principle of Equality." In Springer Textbooks in Law. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-32292-1_19.

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Munkholm, Natalie Videbæk, and Christian Højer Schjøler. "The principle of equality as a transnational principle." In Transnationalisation and Legal Actors. Routledge, 2019. http://dx.doi.org/10.4324/9780429437151-13.

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Pavel, Sonia Maria. "Merit as a Distributive Justice Principle." In Handbook of Equality of Opportunity. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-319-52269-2_93-1.

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Pavel, Sonia Maria. "Merit as a Distributive Justice Principle." In Handbook of Equality of Opportunity. Springer International Publishing, 2024. http://dx.doi.org/10.1007/978-3-031-55897-9_93.

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Temminck Tuinstra, Jarinde P. W. "The Principle of Equality of Arms." In Defence Counsel in International Criminal Law. T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-643-5_5.

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Borraccetti, Marco. "Human Trafficking, Equality, and Access to Victims’ Rights." In The Principle of Equality in EU Law. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-66137-7_10.

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Rossi, Lucia Serena. "The Principle of Equality Among Member States of the European Union." In The Principle of Equality in EU Law. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-66137-7_1.

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Wouters, Jan, and Pierre Schmitt. "Equality Among Member States and Differentiated Integration in the EU." In The Principle of Equality in EU Law. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-66137-7_2.

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Casolari, Federico. "The Acknowledgment of the Direct Effect of EU International Agreements: Does Legal Equality Still Matter?" In The Principle of Equality in EU Law. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-66137-7_3.

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Conference papers on the topic "Principle of equality of belligerents"

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Panagiotakis, Costas, Ilias Grinias, and Georgios Tziritas. "MINMAX Video Summarization under Equality Principle." In 2007 IEEE 9th Workshop on Multimedia Signal Processing. IEEE, 2007. http://dx.doi.org/10.1109/mmsp.2007.4412870.

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Kabanenko, A. O. "THE PRINCIPLE OF EQUALITY AS A PRINCIPLE OF PUBLIC SERVICE." In THE LATEST LAW DEVELOPMENTS. Baltija Publishing, 2024. http://dx.doi.org/10.30525/978-9934-26-432-0-59.

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Bulychev, Evgeniy. "Implementation Of The Principle Of Formal Equality In Russian Legislation." In Humanistic Practice in Education in a Postmodern Age. European Publisher, 2020. http://dx.doi.org/10.15405/epsbs.2020.11.28.

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Briede, Jautrite. "Applying Principle of Equality in Case of Restriction of Rights." In The 9th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press,, 2024. http://dx.doi.org/10.22364/iscflul.9.2.02.

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The article analyses the practice of the Constitutional Court in the application of the principle of equality in cases where a legal norm establishes a restriction of rights. The article critically evaluates the fact that the court can declare a norm invalid only because a relevant restriction, which is otherwise necessary, appropriate and proportionate, has not been set for other persons who should have been subject to it. It is concluded that this can have serious negative consequences and violate the principle of rationality.

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Vučković, Branko, and Vesna Vučković. "The principle of equality of citizens before the law: Criminal law protection." In XXI međunarodni naučni skup Pravnički dani - Prof. dr Slavko Carić, na temu: Odgovori pravne nauke na izazove savremenog društva. Faculty of Law for Commerce and Judiciary, Novi Sad, 2024. http://dx.doi.org/10.5937/pdsc24443v.

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Criminal law protection of the principle of equality of citizens refers to the position of citizens in relation to their responsibility for behavior that entails the application of criminal sanctions. The complete equality of citizens before the criminal law would presuppose a uniform criminal legislation. The equality of citizens before the law is a constitutional principle and it is in the interest of the society that the legal state and the rule of law are guaranteed by the proper application of the law for all citizens equally. In the constitutions of many countries and international acts,

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Spector, Lyudmila, and Aleksander Malyutin. "Implementation of the principle of equality through the prism of sectoral law." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.bmnt5963.

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Mezyaev, A., E. Motrokhin, and G. Matveev. "Constitutional Principle of Equality in the Legal Systems of the BRICS States." In Proceedings of the First International Volga Region Conference on Economics, Humanities and Sports (FICEHS 2019). Atlantis Press, 2019. http://dx.doi.org/10.2991/aebmr.k.200114.116.

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Azeez, Sardar. ""Violation of the principle of equality when drafting the punitive text Legislation issued by the Parliament of the Kurdistan Region as a model"." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp85-103.

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Observing the principle of equality when drafting punitive texts is one of the basic components of successful legislative drafting . And that equality before the law is closely related to justice, because justice requires the formulation of the rules of the law in a general and abstract manner in a way that all those who address the law enjoy its protection and are subject to accountability. Since there are international charters and treaties that Iraq has joined or ratified, most of them contain explicit texts about the equality of individuals before the law. Therefore, the legislative drafti

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Cahyani, Tinuk Dwi, and Yohana Puspitasari Wardoyo. "The Implementation of Principle Equality before the Law in Addressing Corruption in Indonesia." In International Conference on Community Development (ICCD 2020). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201017.160.

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BEN KHADRA, Zahira. "The Role of Women in Proving Their Nationality to Their Children In Algerian Law." In I.International Congress ofWoman's Studies. Rimar Academy, 2023. http://dx.doi.org/10.47832/lady.con1-8.

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Given the progress seen in both Arab and foreign societies regarding the effectiveness of women and their contribution in all areas of economic, political and social life, it has become necessary to recognize their full rights and equality with men. The Algerian constitution recognizes the principle of equality between all citizens before the law. Stating that all citizens are equal in their rights and obligations; and are equal before the law. One aspect of this equality is the equality of women with men in transmitting the original nationality to their children, which is the topic of our dis

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Reports on the topic "Principle of equality of belligerents"

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Mazurkiewicz, Marek. ECMI Minorities Blog. German minority as hostage and victim of populist politics in Poland. European Centre for Minority Issues, 2022. http://dx.doi.org/10.53779/fhta5489.

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On 4 February 2022, the Polish Journal of Laws published a new ordinance of the Minister of Education and Science, implementing cuts in the funding of education of German as a minority language. Consequently, the hourly length of such lessons will be significantly reduced. This regulation applies exclusively to the German minority, and the official motive for introducing discriminatory measures is to improve the situation of Polish diaspora in Germany. This is the first time after 1989 when the Polish state authorities introduce a law limiting the rights of Poland’s citizens belonging to a nat

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Mogollón Anaya, Nuby Dominga, Liliana Rebeca Anaya Caraballo, and José David Torrenegra Ariza. The Social State under the Rule of Law or Social State of Law. Ediciones Universidad Cooperativa de Colombia, 2024. https://doi.org/10.16925/gclc.62.

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This reading aims to analyze the constitutional principle of Social State of Law under the theoretical framework of Pisarello. The Colombian Constitution established this form of state as an instrument to guarantee the right to equality in a society characterized by its deep inequalities both in income and enjoyment of human rights. The Social State enacted a constitutional mandate to all legal, administrative, and judicial authorities: social rights such as health, education, housing, and labor are human rights and as such they must be not only protected but guaranteed through policy, law, an

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Diversity, Equity and Inclusion Report 2021. Inter-American Development Bank, 2022. http://dx.doi.org/10.18235/0004394.

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Abstract:

In the IDB Group, diversity is in the cornerstone of everything we do in Latin America and the Caribbean. We strongly believe that an active investment in Diversity, Equity, and Inclusion (DEI) entails many institutional benefits including more innovative solutions for our clients, and a stronger position in capital markets, and an overall perception as a preferred place to work. Recognizing our diversity and our commitment to making our organization more inclusive and equitable is what makes our institution the premier development finance institution for Latin America and the Caribbean, and t

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