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Journal articles on the topic 'Ratification procedure'
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1
LENOWITZ, JEFFREY A. "“A Trust That Cannot Be Delegated”: The Invention of Ratification Referenda." American Political Science Review 109, no. 4 (November 2015): 803–16. http://dx.doi.org/10.1017/s0003055415000465.
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A ratification referendum is a procedure in which framers submit a constitution to the people for binding approval before implementation. It is widespread, recommended, and affects the contents and reception of constitutions, yet remains unstudied. Moreover, the reasons or justification for using the procedure remain unexplored. This is troubling because ratification referenda are optional, and thus should only be implemented for good reasons that, today, are no longer given. This article begins correcting this oversight by identifying those that brought about the first ratification referendum and explaining why they did so. I demonstrate that the Berkshire Constitutionalists called for the procedure during the events leading up to the creation of the 1780 Massachusetts Constitution, and that they justified their actions by asserting that the people have an unalienable right to ratify their constitution through a referendum, for this provided needed protection against potentially corrupt elites. This argument remains the most fully developed justification for the procedure to date. My analysis not only reveals ratification referenda to be another product of early American political thought, but also points the way forward for future evaluation of the procedure, and forces reflection upon the importance of having solid grounds for the choices involved in structuring a constitution-making process.
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Setyowati, Dewi, Nurul Hudi, and Levina Yustitianingtyas. "TINJAUAN YURIDIS PERATURAN PERUNDANG-UNDANGAN SEBAGAI RATIFIKASI PERJANJIAN INTERNASIONAL." Perspektif Hukum 16, no. 2 (May 18, 2017): 202. http://dx.doi.org/10.30649/phj.v16i2.65.
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<em>This study aims to resolve problems that arise in connection with reconsideration of regulations ratification of the treaty. Can legislation on treaty ratification An overview held back, and how the legal consequences if there is a decision on the revocation of laws on ratification of the treaty in Indonesia. In order to solve these problems need to be supported by the research in the form of legal material. Research obtained through library research (library research) in libraries. From this legal research to achieve results that provide answers to existing problems, namely that the Constitutional Court only had authority to examine the material legislation and ratification of international agreements is not authorized to cancel the treaty. And the cancellation of a law the ratification of international treaties have no direct correlation to the bond Indonesia against international agreements canceled. Thus the State can withdraw from its attachment to an international agreement if the agreement is contrary to the destination country. If a treaty is not regulated the procedure of withdrawal, it can refer to the rules stated in the Vienna Convention of 1969.</em>
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Sidharta, Noor, Sudarsono Sudarsono, I. Nyoman Nurjaya, and Bambang Sugiri. "Judicial Preview on the Bill on International Treaty Ratification." Constitutional Review 3, no. 1 (August 2, 2017): 24. http://dx.doi.org/10.31078/consrev312.
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This research is aimed to find and introduce a new idea on the state administration, which has implications on the international treaty ratification procedure followed by Indonesia and additional authorizations of the Constitutional Court of the Republic of Indonesia. The judicial preview in this research is an international treaty examination procedure by the Constitutional Court before an international treaty is transformed into a law, i.e. such international treaty is a Bill. The judicial preview shall have different terms in each country, such as Review ex ante, abstract review, judicial review. This procedure is applied when an international treaty has not been validated as a country’s national law. The benefits of a judicial preview shall be a solution to connect an ambiguity between the state administrative law and international law. The judicial preview is also the inter-state institutions real check and balance on the international treaty. Out of benchmarking results of four countries following the monism doctrine, i.e. Russia, Germany, France, and Italty and two countries following the dualism doctrine, i.e. Hungary and Ecuador, several additional authorizations of the Constitutional Court shall be summarized, i.e. via the Amendment of 1945 Constitution of the Republic of Indonesia and/or regulations via laws. If both manners are not possible, the Constitutional Court may apply the judicial preview as a state administrative practice. An international treaty draft, which has passed through the judicial preview, may not be submitted to the Constitutional Court to be performed a judicial review, unless 5 (five) year-period has passed since the bill is enacted as a law.
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Saveski, Dejan. "Procedural unconstitutionality and illegality of Prespa Agreement." Zbornik radova Pravnog fakulteta u Splitu 57, no. 4 (October 29, 2020): 1193–225. http://dx.doi.org/10.31141/zrpfs.2020.57.138.1193.
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The Prespa Agreement signed on June 17, 2018, which changed the constitutional name of the Republic of Macedonia, is a precedent on international law. In the procedure of his conclusion, ratification, and execution were committed serious violations of procedural rules. Although the violations that this agreement produces are numerous, and with different nature, the focus of this paper is on procedural violations. The Prespa Agreement also has a lot of substantial mistakes which is in confrontation with the Constitutional, and the international law because the Prespa Agreements provisions derogate some essentially fundamental rights as a right of self-determination. But this paper is focused only on fundamental violations of legal norms that prescribes the procedure for promulgation of the Prespa Agreement - the process of negotiation, conclusion, ratification, and publishing. The process of negotiating, signing and ratifying the Prespa Agreement is followed by flagrant violations of the constitutional norms, statute norms, and the norms of the Vienna Convention on the Law of Treaties in the part that regulates the issue of persons who was competence for adopting an authenticating the text of a treaty. Besides the introductory part and historical introduction to the genesis of the problem, the focus of this paper is the procedure of negotiating, concluding, and ratifying the Prespa Agreement. The procedural aspects of the referendum on the Prespa Agreement will be elaborate in the part called “negotiation and conclusion of international agreement” because, by the time being, this referendum was issue notice after the conclusion phase and before ratification.
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Kim, Jung Suk, Bomin Ko, Yoon Heo, and Jee Hoon Lee. "Reshaping institutional arrangements for TPP ratification in Korea." Journal of Korea Trade 20, no. 2 (June 6, 2016): 167–85. http://dx.doi.org/10.1108/jkt-04-2016-0010.
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Purpose – The purpose of this paper is to assess the current state of Korea’s internal negotiation system and the role of domestic policy factors in the process of Korea’s joining the mega FTAs such as Trans-Pacific Partnership (TPP). Design/methodology/approach – Along with Putnam’s three determinants of win-set size, the authors analyze a new set of policy factors – including Trade Adjustment Assistance (TAA), the FTA Domestic Planning Division, and the Trade Procedure Act – to examine the institutional arrangements available for the ratification of the TPP in Korea. Findings – To minimize the social cost of the internal negotiation process of the trade, better understanding of the role of domestic policy factors is essential. The paper proposes some important policy suggestions which will scale up the benefit of the trade. Research limitations/implications – The very same analysis can be easily extended to examine the domestic reactions for future FTA negotiation, especially for Mega FTA negotiation. Practical implications – The authors propose six policy suggestions: a Master Process Manual; measures to diagnose domestic reactions; emphasizing non-economic issues; strengthening human resources; considering the strategic role of the Trade Procedure Act; and reshaping TAA, to ensure that a tranquil environment exists for domestic negotiation and confirmation and the authors believe these policies can be implemented widely in trade negotiations. Originality/value – This paper contributes to the existing literature in at least three respects. First, the authors made the first attempt to integrate the domestic policy tools with the domestic determinants of trade negotiation outcomes. Second, the policy proposals can be extended to other countries’ cases with a minor adjustment. Finally, the analysis is based on the assumption that international trade negotiations are multi-level frameworks where domestic influences play a vital role in the aftermath of bilateral FTAs.
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Kolingba, A. "Loi No. 88.005 Relative a la Procedure de Ratification des Accords de Credit." ICSID Review 4, no. 1 (March 1, 1989): 173. http://dx.doi.org/10.1093/icsidreview/4.1.173.
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Mik, Cezary. "Tryb ratyfikacji decyzji Rady Europejskiej (UE, Euratom) 2020/2053 w sprawie systemu zasobów własnych Unii Europejskiej oraz uchylającej decyzję 2014/335/UE, Euratom (Dz.Urz. UE L 424 z 15 grudnia 2020 r.)." Zeszyty Prawnicze Biura Analiz Sejmowych 2, no. 70 (2021): 99–122. http://dx.doi.org/10.31268/zpbas.2021.24.
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The author, trying to determine the correct procedure for ratification of Council Decision 2020/2053 on the system of own resources of the European Union, considers this issue from the perspective of Polish and European Union law. In his considerations he also refers to historical arguments. The author concludes that the Council Decision should be ratified according to the procedure set out in Article 89 para. 1 of the Polish Constitution.
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Andries, André. "Belgian Red Cross (French-speaking community): The implementation of the Additional Protocols in Belgium." International Review of the Red Cross 27, no. 258 (June 1987): 272–76. http://dx.doi.org/10.1017/s0020860400025560.
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In November 1977 the Belgian Government appointed an interdepartmental commission to study questions relating to the ratification of the Protocols additional to the Geneva Conventions. This was done even before the Protocols, which had been adopted on 8 June of that year, were open for signature. The commission's work at that point was both to determine whether there was cause for Belgium to make an interpretative declaration or even announce a reservation when ratifying the Protocols, and to draft a bill for a law approving that ratification. This required consultation not only between the various ministerial departments concerned with implementing the Protocols but also between the Belgian Government and the governments of member countries of the military alliance to which Belgium belongs. It will be noted that the two NATO countries which ratified the Protocols before Belgium had decided not to make an interpretative declaration accompanying their ratification and did not therefore have to await the result of that consultation. The only reservation formulated by Denmark related to a question of judicial procedure in its national law.
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Jarlebring, Johannes. "Taking stock of the European Convention What added value does the Convention bring to the process of treaty revision?" German Law Journal 4, no. 8 (August 1, 2003): 785–99. http://dx.doi.org/10.1017/s2071832200016424.
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According to Article 48 of the Treaty on the European Union (TEU), the founding treaties of the Union can only be amended through a three-step procedure. First, the Council calls an Intergovernmental Conference (IGC), after having consulted the European Parliament (EP) and the Commission. Second, within the framework of the IGC, representatives of the governments of the Member States negotiate and sign the amendments to the treaties by common accord. Third, the agreement is submitted to national ratification procedures. When all three steps are concluded, each Member State having ratified the amendments to the treaty, the changes enter into force.
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Przywora, Bogusław. "Tryb ratyfikacji przez Rzeczpospolitą Polską decyzji Rady Europejskiej (UE, Euroatom) 2020/2053 z 14 grudnia 2020 r. w sprawie systemu zasobów własnych." Zeszyty Prawnicze Biura Analiz Sejmowych 2, no. 70 (2021): 123–40. http://dx.doi.org/10.31268/zpbas.2021.25.
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In determining the correct procedure for ratification of Council Decision 2020/2053, the author has analysed the provisions of Polish law and European Union law. In the author’s opinion, on the basis of the Council Decision there is no transfer of powers of state authorities within the meaning of Article 90 of the Constitution. Therefore, in Polish conditions this will mean the requirement of the application of the so-called “large” ratification, referred to in Article 89 para. 1 of the Constitution. Such a solution is supported both by the substantive content of the provisions contained in Council Decision 2020/2053, the previous practice of ratifying Council Decisions on the system of own resources of the EU, as well as the order to apply a “pro-EU” interpretation.
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Seatzu, Francesco. "La Convenzione delle Nazioni Unite sui diritti delle persone disabili: diritti garantiti, cooperazione, procedure di controllo." DIRITTI UMANI E DIRITTO INTERNAZIONALE, no. 2 (July 2009): 259–80. http://dx.doi.org/10.3280/dudi2009-002002.
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- This article is devoted to a critical analysis of the future relevance of the UN Convention on the rights of disabled persons to the priorities of people belonging to this particular category of individuals. It has tried to be comprehensive in scope. It describes the Convention's main provisions, such as the liberty and security of persons, the right of living independently and being included in the community, the right to work and education, as well as the structure and the functioning of the Committee on the Rights of Persons with Disabilities. Moreover, it briefly discusses the ratification and enforcement of the Convention and its related Protocol.
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Mukhtar, Sohaib, Zinatul Ashiqin Zainol, and Sufian Jusoh. "Review of Trademark and Its Enforcement Procedures of Pakistan under TRIPS and Paris Convention." Economics, Law and Policy 1, no. 2 (June 11, 2018): 122. http://dx.doi.org/10.22158/elp.v1n2p122.
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<p><em>Enforcement of trademark law has been in evolution for decades in Pakistan. Pakistani laws dealing with trademark and its enforcement procedures are Trade Marks Ordinance 2001, Trade Marks Rules 2004, Intellectual Property Organization of Pakistan Act 2012 and relevant provisions of Pakistan Penal Code 1860 and Specific Relief Act 1877. Civil procedure is dealt in Pakistan as per Code of Civil Procedure 1908 and criminal procedure as per Code of Criminal Procedure 1898. This article is qualitative method of research analyses trademark and its enforcement procedures of Pakistan as per relevant trademark laws of Pakistan under the light of relevant provisions of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and Paris Convention. Paris Convention is the first International Convention containing trademark and its enforcement provisions (6-9) as TRIPS is the first International Agreement containing exhaustive provisions on trademark and its enforcement procedures (15-21, 41-61). Part III of TRIPS deals with enforcement of trademark including civil procedure, administrative procedure, provisional measures, border measures and criminal procedure of trademark enforcement. Trademark Registry established under section 9 of Trade Marks Ordinance 2001 and works under Intellectual Property Organization of Pakistan (IPO-Pakistan) which is a statutory body established under section 3 of Intellectual Property Organization of Pakistan Act 2012. The registered trademark owner in Pakistan can avail civil procedure, criminal procedure, administrative procedure as well as provisional and border measures for enforcement of his registered trademark right in Pakistan. TRIPS and Paris Convention have been ratified by Pakistan, but ratification of International Convention and its implementation are two different things. Better enforcement of trademark law may take years to achieve as per relevant provisions of International Conventions therefore designated authorities of Pakistan are required to establish more Trademark Registry branches, more IP Tribunals, appoint and induct more IP experts, examiners in-charge of registration and spread IP awareness throughout Pakistan for betterment of trademark law enforcement in Pakistan.</em><em></em></p>
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Kiiver, Philipp. "German Participation in EU Decision-Making after the Lisbon Case: A Comparative View on Domestic Parliamentary Clearance Procedures." German Law Journal 10, no. 8 (August 1, 2009): 1287–96. http://dx.doi.org/10.1017/s2071832200001620.
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When the German Federal Constitutional Court pronounced itself on the constitutionality of the Treaty of Lisbon, its general reasoning on the character of the European Union sounded familiar. In its judgment, the Court recalls that the German Basic Law is a Europe-friendly constitution: its Preamble and its Article 23, regarding European integration, allow, and in fact prescribe, Germany's participation in the establishment of a united Europe. However, the Court also stresses the paramount position of the member states, their peoples, and their national parliaments in the institutional architecture of the EU. Already in its Maastricht Case, the Court had put an emphasis on institutional guarantees regarding the conditions under which sovereign competences may be conferred upon the EU from its constituent member states. The Lisbon Case builds upon the Maastricht doctrine, but now adds concrete instructions to the German legislature: whenever the EU institutions wish to apply certain strategic decisions under the Treaty of Lisbon, the German government may agree to them only after the two national legislative chambers, the German Federal Parliament (Bundestag) and the German Federal Council of States (Bundesrat), have given their prior approval. The national statute that regulates this must (and will) be changed accordingly before Germany may ratify the Treaty of Lisbon. The strategic decisions in question mainly concern what the Court considers to be, or at least potentially to be, de facto treaty amendment procedures by which EU institutions may dynamically expand their competences or change decision-making rules without having to resort to the regular ratification procedure for new treaties. The most prominent example is the so-called passerelle (or simplified treaty revision procedure), allowing the European Council unanimously, and with the European Parliament's assent, to introduce qualified majority voting and co-decision in areas where this does not yet apply. National parliaments are informed six months in advance and each of them may cast a binding veto, but ordinary positive ratification in all member states is not required. Also for the application of the flexibility clause, allowing for EU action to attain EU goals in the absence of a specific legal basis, the German Constitutional Court requires prior bicameral approval by the national legislature. The Court rejects the idea of future treaty amendment by tacit consent, because that would undermine the prerogatives of the national legislature and, essentially, German sovereign statehood. At the risk of sounding corny, we may therefore dub the Lisbon Case “Solange III,” after the two previous Solange Cases, and summarize it as follows: As long as (or, solange, in German) the European Union is not a federal state but comprises constituent member states, the people, through the national legislature, must consciously legitimize European integration step by step. The partially enhanced flexibility of future treaty reforms envisaged under the Treaty of Lisbon is, as far as Germany is concerned, undone. But what about the other member states? Where does the Lisbon case put Germany on the European map of parliamentary democracy? How do the ratification procedures on which the German Court insists compare with the procedures of national parliamentary oversight as they exist in the rest of the Union? The present article shall put the envisaged German procedures in a comparative perspective. But first it shall reflect on some of the main features of the judgment itself.
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Maringka, Jan Samuel. "Extradition In Criminal Justice System Related To Foreign Jurisdiction." Pattimura Law Journal 1, no. 2 (March 1, 2017): 79. http://dx.doi.org/10.47268/palau.v1i2.2016.90.
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On extradition law in Indonesia is based from the fact that since the adoption of the Act in 1979, there have been fundamental changes in the criminal procedure ode in Indonesia, namely the enactment of Law No. 8 of 1981 on Criminal Proceedings and has the ratification of the International Covenant on Civil and Politics Rights (International Convention on Civil and political Rights, abbreviated as ICCPR) under Law No. 12 of 2005 which requires Indonesia to immediately adjust its positive legal provisions in accordance with the principles set out in the ICCPR. Considering the purpose of extradition implementation as an effort to support law enforcement process and related to examination process in extradition case which is not different from the stages of case handling process as regulated in criminal procedure law, it is necessary to affirm the concept of extradition as an integral part of the enforcement process law so that the principle of due process can be implemented consequently in the process of extradition implementation.
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Maringka, Jan Samuel. "Extradition In Criminal Justice System Related To Foreign Jurisdiction." Pattimura Law Journal 1, no. 2 (March 31, 2017): 79. http://dx.doi.org/10.47268/palau.v1i2.90.
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On extradition law in Indonesia is based from the fact that since the adoption of the Act in 1979, there have been fundamental changes in the criminal procedure ode in Indonesia, namely the enactment of Law No. 8 of 1981 on Criminal Proceedings and has the ratification of the International Covenant on Civil and Politics Rights (International Convention on Civil and political Rights, abbreviated as ICCPR) under Law No. 12 of 2005 which requires Indonesia to immediately adjust its positive legal provisions in accordance with the principles set out in the ICCPR. Considering the purpose of extradition implementation as an effort to support law enforcement process and related to examination process in extradition case which is not different from the stages of case handling process as regulated in criminal procedure law, it is necessary to affirm the concept of extradition as an integral part of the enforcement process law so that the principle of due process can be implemented consequently in the process of extradition implementation.
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Venediktov, S. "TOWARDS THE ISSUE ON THE DENUNCIATION OF THE CONVENTIONS OF THE INTERNATIONAL LABOUR ORGANIZATION." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 117 (2021): 15–18. http://dx.doi.org/10.17721/1728-2195/2021/2.117-3.
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The article analyzes the legal regulation for the denunciation of the conventions of the International Labour Organization. Both automatic and "pure" denunciations of conventions are examined. Ratified ILO conventions have traditionally been one of the key sources of national labour law. However, over time, some of them have lost their relevance and practical importance. The most common way to waive obligations under ratified conventions is to denounce them. Denunciation is provided for in every ILO convention, with the exception of Conventions Nos. 80 and 116, which contain rules relating to the partial revision of previous conventions. In addition, a mechanism for partial denunciation is provided for certain conventions. Such a mechanism is expressed in the possibility of denunciation of: a) certain sections of the Convention, e.g. Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128); b) certain categories covered by the scope of the convention, e.g. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148). It is determined that most denunciations of ILO conventions occur automatically, due to the country's ratification of more recent conventions. In Ukraine, all denunciation of ILO conventions took place automatically. The "pure" denunciations are more relevant to outdated conventions or conventions that no longer correspond to existing fundamental principles in the world of work. An example is Night Work (Women) Convention (Revised), 1948 (No. 89), which was denounced by Austria, Greece, Italy, Ireland, France, the Czech Republic, etc. The provisions of this Convention are no longer in line with the ILO's existing policy of equal rights and opportunities for men and women in world of work. The practice of denouncing up-to-date ILO conventions should not be called widespread, primarily due to the need for mandatory prior tripartite consultations on this issue, which involves comprehensive consideration of the interests of government, employees and employers. Ratification by the country of the ILO conventions puts national labour legislation in a fairly clear framework, which in some cases may serve as a reason for slowing down specific areas of its further development. After all, certain conventions were adopted at a time when completely different regulatory approaches in the world of work were applied than those that exist today. Resolving this issue is possible through the timely and balanced application of the denunciation procedure. This procedure, provided for in almost all ILO conventions, should be considered as a clear example of the harmonious evolution of international labour standards. Keywords: International Labour Organization, conventions, automatic denunciation, "pure" denunciation, ratification, national legislation.
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Ariyanto, Bambang. "TERTIB DASAR PEMBENTUKAN PERATURAN DAERAH DI PROVINSI JAWA TIMUR." Jurnal Magister Hukum ARGUMENTUM 6, no. 1 (May 6, 2019): 1035–50. http://dx.doi.org/10.24123/argu.v6i1.1856.
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Regional autonomy has given authority to local governments to regulate and manage their own government households. The authority of the regional government in regulating this is realized through regional authority to make legal products called Regional Regulations. This regulation is an operational juridical instrument and controlling instrument for the implementation of regional autonomy. Law Number 12 of 2011 concerning the Establishment of Legislation Regulations mandates that there are stages that must be passed in forming legislation, namely through the stages of planning, drafting, discussion, ratification or stipulation, and promulgation. This study examines and answers the problems regarding the procedure for establishing Regional Regulations in East Java Province. From the normative aspect, how is the process of establishing a Regional Regulation in East Java Province, and whether its formation is in accordance with the orderly basis of the formation of the Laws and Regulations. This study is a normative juridical study using a statute approach and conceptual approach. The results of the study state that the Establishment of Regional Regulations in the Provinces in East Java is in accordance with the basic order of the establishment of Legislation. There are stages in the formation of the Regional Regulation, which refers to the East Java Provincial Regulation No. 1 of 2015 concerning the Establishment of Regional Legal Products. The stages of establishing a Regional Regulation include: Planning, drafting, discussion, final alignment, stipulation or ratification, enactment, clarification and evaluation; and dissemination.
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Dörmann, Knut. "The First and Second Sessions of the Preparatory Commission for the International Criminal Court." Yearbook of International Humanitarian Law 2 (December 1999): 283–306. http://dx.doi.org/10.1017/s1389135900000465.
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The adoption of the Statute of the International Criminal Court in July 1998 in Rome was the culmination of years of effort by the international community. Under Article 126, the Statute will enter into force once it is ratified by 60 states. As many states will have to enact national legislation or even change their constitutions before ratification to comply with the obligations of the Statute, the required number of ratifications will probably not be reached in the short term.Besides, a number of tasks still remain to be undertaken by states, as indicated in the Statute itself, namely, drafting of a document called ‘Elements of Crimes’ (EOC), drafting of the Rules of Procedure and Evidence (RPE) and reaching agreement on the definition of the crime of aggression. Therefore, the UN General Assembly has mandated a Preparatory Commission (PrepCom) to prepare draft texts of the RPE and EOC and proposals for a provision on aggression, including its definition, elements and the conditions under which the International Criminal Court (ICC) shall exercise its jurisdiction with respect to this crime. The drafts of the EOC and RPE must be finalized by 30 June 2000, when they should be formally adopted. The definition of aggression does not have to be agreed on until the first review conference seven years after the entry into force of the Statute. In addition to these tasks, which this article will describe in greater detail, the PrepCom will work on a relationship agreement between the Court and the United Nations, basic principles governing a headquarters agreement and financial regulations and rules.
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Artadi, Ibnu. "REFLECTION OF GLOBAL VALUES IN ANTI-TORTURE IN THE CRIMINAL PROCEDURE CODE." International Journal of Research -GRANTHAALAYAH 7, no. 11 (June 11, 2020): 141–21. http://dx.doi.org/10.29121/granthaalayah.v7.i11.2020.342.
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In line with the identity of "rechstaat" and "the rule of law", the law must recognize and guarantee human rights in order to establish a just order, because justice goes hand in hand with the structure of human rights. The realization of the Criminal Procedure Code which functions to protect human rights comprehensively, in line with the demands of the Convention Against Torture, is a basic requirement towards the era of rule of law. So, the purpose of this article is to analyze the quality of the implementation of law enforcement that is not in accordance with the principles of law regarding the behavior of good law enforcement officials. The method used is qualitative with a sociolegal approach. The conclusion of this article is that one of the authority of legislation is its success in adapting to international conventions recognized by the affected people. The Criminal Procedure Code as an integral part of the national law of the Indonesian state law must be in line with Law No. 5 of 1998 concerning the Ratification of the Convention Against Torture. For this reason, looking at the weaknesses of the Criminal Procedure Code, both substantively and in practice, renovating the Criminal Procedure Code is urgent. The lack of perfection of the legal substance of the Criminal Procedure Code in providing human rights protection in a country that acts as a state of law is disastrous. In accordance with the rule of law, the law must recognize and guarantee human rights in order to establish a just order, because justice goes hand in hand with the structure of human rights.
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Bennewicz, Jakub. "On the Consistency of the Provision of Art. 13, Sec. 2, Point 3 of The Act of 14th of April 2000 on International Agreements with the Constitution of the Republic of Poland – Deliberations in Light of Arguments Presented in the Judgement of the Constitutional Tribunal in Case No. K 33/12." Polish Review of International and European Law 5, no. 2 (January 27, 2018): 123. http://dx.doi.org/10.21697/priel.2016.5.2.05.
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The paper discusses a problem of consistency of the art. 13 sec. 2 point 3 of the Polish Act of 14.4.2000 on international agreements with the Constitution of the Republic of Poland. The provision mentioned above introduces a case, in which a ratified agreement is amended by an agreement approved by the Polish Council of Ministers in so-called “simplified procedure”. That procedure means that the national process of entering into such agreement ends with giving a consent of the Government for signing it and no further steps to be bound by it need to be taken. International agreements adopted in the simplified procedure are not subject of ratification, therefore – according to the Polish constitutional system – they are considered as acts of internal law. Consequently, the application of art. 13 sec. 2 point 3 of the Act of 14.4.2000 on international agreements leads to a situation, in which – in the hierarchy of the Polish national law – an amended agreement is a source of universally binding law, but amendments made to its text are not. In this regard the relation between the amended and the amending provisions becomes unclear. Doubts concerning consistency of the discussed provision of the Act of 14.4.2000 on international agreements with the constitutional rule of indistinguishability of the rank of amended and amending acts of law and the procedure of adopting them are the main subject of deliberations in this paper.
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Nowicki, Marek Antoni. "NGOs before the European Commission and the Court of Human Rights." Netherlands Quarterly of Human Rights 14, no. 3 (September 1996): 289–302. http://dx.doi.org/10.1177/092405199601400304.
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Non-governmental organisations play an important part and are indispensable for the effective functioning of the international human rights protection machinery. This article is an overview of the role of NGOs in the procedure under the European Convention on Human Rights. They appear before the Convention institutions in various different capacities. Some of them claim to be victims of human rights violations. Many NGOs, especially human rights organisations, strive to provide assistance to individual applicants. Ratification of the European Convention on Human Rights by countries of Central and Eastern Europe is a great challenge for non-governmental organisations from this region. At the time they play a quite important role in disseminating knowledge on the Convention to the general public. Protocol No. 11 creating soon a new single European Court of Human Rights will open new perspectives also for NGOs.
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Vygovskyy, O. I. "LEGAL REGIME OF RELATED-PARTY TRANSACTIONS IN COMPANY LAW AS MECHANISM FOR ELIMINATION OF CORPORATE CONFLICTS." Actual Problems of International Relations, no. 138 (2019): 114–23. http://dx.doi.org/10.17721/apmv.2018.138.0.114-123.
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The article reveals the peculiarities of legal regime of related-party transactions in which insiders of a joint-stock company are interested, explores theoretical categories of conflict of interests and interest in corporate relationship as key determinants for qualification of certain group of transactions as related-party transactions, discovers specific features of legal regulation of such transactions within the Ukrainian legal environment related to the need for disclosure of information about available conflict of interests and specific procedure of ‘ratification’ of such transactions by the competent governing body of a company, as well as focuses on drawbacks of existing legislative rules and possible ways of their improvement. The author examines the consequences of non-compliance with the legal rules in respect of the related-party transactions and focuses its attention on the need for protection of interests of bona fide third parties, as well as considers the issue of filing an action against a related party by the joint-stock company itself and minority shareholders. The author of the article emphasizes that a non-disclosed conflict of interests and non-compliance with the internal corporate procedures of a joint-stock company should not affect the validity of rights of third persons – counterparties under related-party transactions.
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Beckers, Jos. "Audit als functie van het Rekenhof." Res Publica 31, no. 2 (June 30, 1989): 205–25. http://dx.doi.org/10.21825/rp.v31i2.18880.
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The Belgian Auditor's Office is not competent to judge good management. Parliamentary initiatives have been taken to extend its competence towards an efficiency, effectiveness and economy control. Up till 1985 the Belgian budget was drawn up according toa classification system with insufficient regard for the application ofmanagement objectives to budgetary allocation. Based on notions originating from the P.P.B.S. system the budget is drawn up now by programmes assigned to organisation divisions. In the future the parliamentary budget procedure could be transformed into a ratification of the General Budget of Expenses and a supervision of the execution of the departmental budgets. The General Budget will contain the programmes. A similar system offers the external controller a better management and control instrument.An efficiency control exists in various farms in Germany, Great-Britain, Ireland, the Netherlands, France, Spain and Canada. The European Auditor's Office evaluates good financial management too.
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Blakelock, Sarah, and George Hempenstall. "Resolving double taxation in a global environment – when might it impact on deal value? Consideration of the availability of mutual agreement procedures and arbitration." APPEA Journal 58, no. 2 (2018): 501. http://dx.doi.org/10.1071/aj17119.
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Multinationals are under increasing scrutiny by revenue authorities across the globe. The heightened risk of tax audits, transfer pricing adjustments and the potential for double taxation mean that it is more important than ever for multinationals to consider what strategies are available to resolve international tax disputes. Inherent tax risk and uncertainty creates unique challenges for oil and gas multinationals as it can impact on deal value where double taxation arises. This is because countries are increasingly behaving like companies – competing to preserve and defend their tax base. With the Organisation for Economic Co-operation and Development’s (OECD’s) Multilateral Instrument pending ratification by the Australian Parliament, this paper considers the availability and practical use of the mutual agreement procedure (MAP) for the resolution of double taxation. Additionally, the paper provides an overview of which jurisdictions have opted to adopt arbitration as a mechanism to resolve double taxation disputes where the MAP has failed.
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Suponeva, N. A., D. G. Yusupova, E. S. Zhirova, D. A. Melchenko, A. S. Taratukhina, А. A. Butkovskaya, K. A. Ilyina, et al. "Validation of the modified Rankin Scale in Russia." Neurology, Neuropsychiatry, Psychosomatics 10, no. 4 (December 15, 2018): 36–39. http://dx.doi.org/10.14412/2074-2711-2018-4-36-39.
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Objective: to develop a Russian version of the modified Rankin Scale (mRS) and to assess its psychometric properties.Patients and methods. The investigation involved 50 patients (25 women, 25 men) over 18 years of age (mean age, 56 years) with an acute cerebrovascular accident diagnosis. During the validation procedure, the authors carried out the linguocultural ratification of mRS, prepared its Russian-language version, and then assessed its psychometric properties (reliability, sensitivity, validity).Results and discussion. Translation and linguistic adaptation of mRS was successfully completed. The results obtained in assessing the psychometric properties of the developed Russian version of the scale reflect its high reliability and the valid and reliable indicators of its sensitivity. A statistical study of constructive and content validity also determined the high significance of differences.Conclusion. The investigation has resulted in the official Russian version of mRS, which is recommended for use by neurologists and rehabilitation specialists in both daily clinical practice and in clinical trials.
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Todic, Dragoljub. "Normative and strategic framework of foreign policy of the Republic of Serbia: “Europeanisation” and (non)transparency." Medjunarodni problemi 69, no. 4 (2017): 442–64. http://dx.doi.org/10.2298/medjp1704442t.
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The aim of the paper is to determine the characteristics of the foreign policy of the Republic of Serbia (RS) based on the analysis of regulations and strategic documents relevant for foreign policy. The first part of the paper points out the general context of the discussion. In the second part of the paper, an overview of the most important regulations and strategic documents relevant to foreign policy is presented. The analysis shows that key characteristics of the foreign policy of the RS are the ?Eurocentrism? and (thus derived) ?Europeanization? as a process of reforming the legal and political system of the RS. The author emphasizes the importance of the foreign policy decision?making process. Two elements of the legislative procedure are analyzed from the point of view of the possibility of public participation in the decision?making processes. These are the following: 1) ratification of the international treaties, and 2) the process of harmonization of national regulations with EU regulations. The open issues and ambiguities in the way of regulating these issues are emphasized. In addition, in the legislative procedure, the regulatory impact assessment also takes a special place. However, there are some open issues in the application of the regulatory impact assessment. In conclusion, it is noted that the EU membership is a key foreign policy objective of the RS with a strong influence on the internal legal and political system. However, in the two analyzed formal procedures which represent the elements of the foreign policy of the RS (within the process of ?Europeanization?), guarantees for the transparent implementation, i.e. effective public participation in their implementation have not been contained. This can have a significant impact on the quality of the activities which are being carried out and the results of the process of ?Europeanization?, as a strategic foreign policy commitment of the RS.
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JOLLY, STELLINA. "ACCESS AND BENEFIT SHARING UNDER NAGOYA PROTOCOL AND SUSTAINABLE DEVELOPMENT: A CRITICAL ANALYSIS." Agora International Journal of Juridical Sciences 9, no. 3 (October 9, 2015): 38–45. http://dx.doi.org/10.15837/aijjs.v9i3.2110.
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The debate over control and ownership of natural and bio genetic resources has a chequered history in International environmental law. Historically genetic resources were considered and acknowledged as part of common heritage of mankind. But with the development of technologies and the heightened north south divide over the issue of sovereign right over natural resources the developing nations became extremely concerned with the exploitation of biological and Genetic resources. Access to benefit sharing (ABS) was considered as an answer to balance the interests of developed and developing nations and to conserve and protect bio diversity. Adopted on October 2010 in Nagoya, Japan by the Parties to the Convention on Biological Diversity (CBD) of 1992, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (NP) has come into force after its 50th ratification on 2013. Nagoya protocol details on procedure for access and benefit sharing, disclosure mechanism, principles of transparency and democracy. The paper analyses the protection of access and benefit sharing envisaged under Nagoya protocol and its possible role in promoting sustainable development in the develoing nations.
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Fadil, Hamza, and Shen Yi. "Positive Acceptance of Morocco against Postitory Retirement Refugees 2011." Journal of Sociological Research 11, no. 1 (December 2, 2019): 37. http://dx.doi.org/10.5296/jsr.v11i1.15961.
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Morocco is a country in the North African region with a strategic geographical location for migration routes to Europe. Morocco borders Spain directly, causing thousands of migrants, refugees and asylum seekers to pass through Morocco as a transit country to get to Europe as a major destination. Previously, Morocco itself was a large migrant sending country with a total Moroccan diaspora abroad reaching almost 10% of the total population. The dynamics of Morocco as a sending, transit and now a recipient country for refugees makes Morocco have a policy dynamic that is quite interesting to study. Starting with Law 02-03 which made Morocco the first Arab country to have regulations on refugees, ratification of the 2011 constitution, until the enactment of the National Policy on Immigration and Asylum (NPIA) in 2013 made Morocco continue to get praise from various parties for its quite friendly regulations against these refugees, despite various diplomatic pressures that Morocco has received from other countries such as Spain and Greece. Morocco then offers permanent residency for refugees who fulfill the procedure. In discussing the motives behind Morocco's positive response, Jacobsen's concept of influencing factors influencing Jacobsen's explanations explains 4 variable factors: international relations, national security considerations, the competitiveness of local communities, and bureaucratic decisions.
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Zimmermann, Andreas, and Jelena Bäumler. "Navigating Through Narrow Jurisdictional Straits: The Philippines – PRC South China Sea Dispute and UNCLOS." Law & Practice of International Courts and Tribunals 12, no. 3 (2013): 431–61. http://dx.doi.org/10.1163/15718034-12341266.
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Abstract In January 2013 the Philippines invoked the dispute settlement system under UNCLOS in order to resolve its long-standing dispute with the People’s Republic of China over the South China Sea and more specifically concerning Scarborough Shoal and the Spratly Islands. The arbitral tribunal constituted under Annex VII UNCLOS, without the PRC taking part in the proceedings as of yet, faces a challenging task in deciding whether or not it has jurisdiction over the case submitted by the Philippines. This article therefore examines the dispute settlement system of UNCLOS with regard to the jurisdiction of the tribunal in the pending Philippines – PRC South China Sea dispute. While at first glance UNCLOS appears to provide for a comprehensive system of compulsory jurisdiction, a number of exceptions, either applicable ipso facto or by virtue of unilateral declarations made at the time of signature or ratification of UNCLOS, leave only a thin layer of jurisdictional grounds, if any at all, for the arbitral tribunal to deal with and eventually decide the South China Sea dispute between the Philippines and the PRC. This implies that the arbitral tribunal is facing intriguing legal questions in this highly political procedure, the relevance of which extends far beyond the case at hand.
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Shulzhenko, Nadiia, Snizhana Romashkin, Mykola Rubashchenko, and Hаlyna Tatarenko. "The problematic aspects of International core crimes and transnational crimes accordingly to International Law." Revista de la Universidad del Zulia 11, no. 31 (October 1, 2020): 376–88. http://dx.doi.org/10.46925//rdluz.31.23.
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Today, the boundaries of international crime involving states and transnational organized crime are slowly blurring, and as a result, the number of international crimes is steadily growing. The article analyzes two key groups of crimes: crimes indicated in the Rome Statute and transnational crimes under international conventions. This article is based on the analysis of the main groups of crimes: the first group of international crimes committed with state actors, which includes crimes against humanity, war crimes, crimes of aggression, crimes of genocide; and the second group, crimes committed by criminal groups organized in more than one country with the "international" or "transnational" character of such acts. The authors emphasize the norms of international law, according to which the International Criminal Court, together with international criminal tribunals, have jurisdiction over a small range of key international crimes, including genocide, war crimes and crimes against humanity, aggression, committed by state officials. The main objective of this research is to compare the mechanism for investigating crimes in the jurisdiction of international criminal tribunals and the International Criminal Court, together with the national procedure for investigating transnational crimes, through the ratification of international conventions and the establishment of the International cooperation. The article was made with the following methods: induction, deduction, analogy, as well as historical, dialectical and formal legal methods.
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Ginter, Carri. "Constitutionality of the European Stability Mechanism in Estonia: Applying Proportionality to Sovereignty." European Constitutional Law Review 9, no. 2 (August 23, 2013): 335–54. http://dx.doi.org/10.1017/s1574019612001174.
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The Supreme Court en banc was forced to make a rushed judgment in a situation of confusion, uncertainty and absence of legal certainty prevailing in the Estonian and the EU legal environment.Dissenting justice Jaak LuikOn 12 September 2012 the Bundesverfassungsgericht gave the green light for Germany to ratify the Treaty Establishing the European Stability Mechanism (ESM Treaty), but made ratification conditional upon international law arrangements to be made to guarantee an interpretation of the ESM Treaty which would be in line with the German Grundgesetz. Although the constitutional challenge in Germany, which is the largest ‘donor’ to the ESM, was certainly of core importance as to whether the member states would be able to launch the mechanism at all, the constitutional challenges in other member states also deserve academic attention. The reference for a preliminary ruling by the Supreme Court of Ireland raised serious questions concerning the conformity of the ESM Treaty with EU law. In its Pringle decision the Court of Justice dismissed the concerns raised in the reference as being unfounded.This article focuses on the compatibility of the ‘emergency voting’ mechanism set out in Article 4(4) ESM Treaty with the principles of democracy, the rule of law and sovereignty raised before the Supreme Court of Estonia. The Constitution of the Republic of Estonia [Eesti Vabariigipõhiseadus] (henceforth: the Constitution) and the Acts of the Republic of Estonia do not foresee a separate constitutional court or the possibility of an individual constitutional petition. Thus, the issue of the constitutionality of the emergency voting procedure contained in the ESM Treaty was raised ex officio in abstract constitutional review proceedings by the Estonian Chancellor of Justice [Õiguskantsler], which ‘in Estonia combines the function of the general body of petition and the guardian of constitutionality.’ The petition for review focused on the fact that substantial budgetary decisions could be made in the future under the emergency voting procedure without the involvement of the Estonian parliament. According to the petition, ‘[w]ith accession to the Treaty the budgetary policy choices of the Riigikogu will diminish.’
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Gewe, Ameha Mulugeta, Birhanu Beshah Abebe, Daniel Kitaw Azene, and Fitsum Getachew Bayu. "Local industry technological capability development using outsourcing opportunities." Strategic Outsourcing: An International Journal 9, no. 3 (November 21, 2016): 287–302. http://dx.doi.org/10.1108/so-02-2016-0005.
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Purpose Technological outsourcing requires possessing the technological capability level by enterprises taking the outsourced activity and further mandates build-up capabilities. Small and medium enterprises (SMEs) in developing nations such as Ethiopia are usually equipped with low level of technological capability and could benefit from government-supported or government-initiated outsourcing networks. The current study aims to preliminarily assess performance of outsourcing initiative taken by the Hibret Manufacturing and Machine Building Industry, a subsidiary of a national corporation, in developing technological capability of SMEs in Ethiopia. Design/methodology/approach The study used a qualitative research approach through interviews with the parent company officials and owners of SMEs and site visit to these SMEs. Findings are organized in a way to draw lessons to be learned from technological outsourcing examined. Findings Technological learning, acquisition of new technologies, market access and process innovation are few capabilities achieved by the involved SMEs. To facilitate and harness these opportunities and further assist in policy ratification, a conceptual framework has been presented and elaborated. Research limitations/implications Further investigation into outsourcing procedure and biases are expected to shed further light onto the outsourcing initiative by the parent company. This study drew results from investigation of the SMEs involved. Additional investigation of other SMEs is expected to reveal additional insights. Originality/value There is a dearth of literature focusing on exploration of technological outsourcing in low-income developing countries, such as Ethiopia, to build SMEs’ technological capabilities. This research presents insightful contribution to strategic outsourcing to build local technological capability in developing economies.
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Golovin, Alexander, and Natalia Bugayevskaya. "Illicit Enrichment: a New Approach to Criminalizing the Act." Russian Journal of Criminology 14, no. 4 (August 31, 2020): 593–600. http://dx.doi.org/10.17150/2500-4255.2020.14(4).593-600.
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The authors analyze the necessity and expediency of incorporating the norm on liability for illicit enrichment into Russian criminal legislation in accordance with the requirements of Art. 20 of the United Nations Convention against Corruption of 2003. The ratification of this international legal document placed Russian lawmakers under an obligation to modernize the anti-corruption legislation, including an obligation to recognize the illegal character of the actions of those officials whose assets have increased disproportionally to their legal income. The authors recognize the existence of different approaches to estimating illicit enrichment as corpus delicti. They rebut the allegation that establishing criminal liability for illicit enrichment does not correspond to the principles of criminal and criminal procedure law; they draw parallels with the current corpora delicti (illegal entrepreneurship and others) in criminal law and prove that establishing that a person possesses certain assets does not contradict the principle of guilt and the principle of the presumption of innocence. The criminal law analysis of illicit enrichment was carried out using the method of modeling corpus delicti with the use of constructions suggested by other scholars and the authors of the draft law on changes in the Criminal Code of the Russian Federation regarding this corpus delicti. The criticism of the suggested models and the research of some elements of corpus delicti, specifically, the objective side of illicit enrichment, led the authors to the conclusion that it is impossible to include this corpus delicti into law because it does not correspond to the requirements of the constitutional and criminal law principle of justice. The impossibility of criminalizing illicit enrichment does not contradict the recommendatory character of conventional norms and does not result in a gap in law. The problem is solved on the basis of legislation on public service, civil and civil procedure legislation. The examined court practice regarding the cases in which the prosecutors requested to turn into a state income the assets whose licit acquisition has not been proven makes it possible to claim that international anti-corruption standards connected with illicit enrichment have been put into practice.
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Wardani, Ayu Kusuma. "MARITIME SECURITY REGULATION CONCERNING INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE 2002 AND ITS IMPLEMENTATION IN INDONESIA." Lampung Journal of International Law 3, no. 1 (March 15, 2021): 19–28. http://dx.doi.org/10.25041/lajil.v3i1.1985.
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Ministerial Regulation Number 134 of 2016 is a form of ratification of the International Ship and Port Facility Security Code 2002 (ISPS Code, 2002), the objective of which is to establish a consistent standard framework for evaluating risk and enabling the government to compensate for changes in threats through measures appropriate safety measures. In its development, there are several regulations related to implementing the 2002 ISPS Code in Indonesia. These regulations were formed by adjusting the standard regulations in the 2002 ISPS Code with the safety conditions of ships and ports in Indonesia. The problem is, Indonesia has several large ports that operate as international ports in international trade. The type of research used is normative legal research sourced from primary, secondary, and tertiary legal materials whose data collection is carried out by literature study. The results of the study show two things: (1) Maritime security arrangements relating to shipping safety standards and port facilities in the 2002 ISPS Code are divided into two parts, namely part A (Part A) containing systematic arrangements and implementation of the ISPS Code for signatory countries including and Definition, Purpose, Scope of Ship Safety Standards and Port facilities and ISPS Code Compliance Procedure. And part B (Part B) contains further explanation about part A including Determination of Security Level, Implementation of Ship Security, Implementation of Port Facility, and Information and Communication Security. (2) The implementation of the maritime security regulation related to security standards ships and port facilities in the ISPS Code in 2002 in Indonesia contained in via Law No. 17 the Year 2008 on the voyage, Ministerial Regulation Number 134 the Year 2016 concerning Management of Ship Safety and Port Facilities.
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Shcherba, Nataliia. "THE CONCEPT OF PREPARING A FUTURE FOREIGN LANGUAGE TEACHER TO TEACH STUDENTS WITH DISABILITIES: STATE OF RESEARCH." Academic Notes Series Pedagogical Science 1, no. 190 (November 2020): 169–72. http://dx.doi.org/10.36550/2415-7988-2020-1-190-169-172.
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According to Convention on the Rights of Persons with Disabilities, Decree of Cabinet of Ministers of Ukraine «On ratification of organization procedure of inclusive instruction in secondary educational institutions» and the Law of Ukraine «On education», children with special educational needs have a right for decent education on equal terms with others. The main prerequisite to fulfill this requirement is the appropriate training of would-be mainstream school teachers and, in particular, foreign language ones. The article is aimed at finding out what training is currently performed and at conducting the analysis of its conceptual. As the research conducted revealed, since 2013, 14 Ukrainian universities have been providing their students with a module «Catering for special educational needs» as a part of a cross-curricular course the Methods of teaching foreign languages. According to the course curriculum, the module is supposed to include 18 hours and to be delivered on the basis of a content-outline recommended. But academics are supposed to choose sources and documents independently. The search for any conceptual bases of preparing would-be English teachers for working with learners with disability showed no results. Thus, the analysis of researches dedicated to the correspondent training of would-be teachers of other specialties was done. It revealed a number of conceptual ideas applicable in English teacher training. It allows us to offer a conceptual idea of preparing would-be English teachers for teaching learners with disability. The structural components of such training are: motivational (students should acquire humanistic values), content (they must learn information related to the education and assessment of children with disabilities), organizational (they have to master the skills and initial experience of teaching and correctional work) and of control and assessment (students should be able to assess the learning outcomes of students with disabilities in inclusive environment).
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Astutik, Yeni, and Anjar Sri Ciptorukmi Nugraheni. "PENGGANTIAN KELAMIN BAGI TRANSEKSUAL DAN AKIBAT HUKUMNYA TERHADAP KEABSAHAN PERKAWINAN DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN." Jurnal Privat Law 8, no. 2 (December 2, 2020): 331. http://dx.doi.org/10.20961/privat.v8i2.48428.
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<p>Abstract<br />This article aims to examine the ratification of changes in legal status and gender replacement procedures in population documents for transsexuals in Indonesia, as well as the legality of marriages for transsexuals in terms of Law Number 1 of 1974 concerning Marriage. The research method used is a type of normative legal research, with a qualitative approach. The legal materials used are primary and secondary legal materials, with data collection techniques used are literature study or document study techniques. Based on the results of the study, it was concluded that in Indonesia there are no specific rules regarding sex change, but for judges they cannot refuse a case because the law does not exist or is unclear. Regarding the procedure for changing sexes in population documents regulated in Act Number 23 of 2006 concerning Population Administration and Presidential Regulation of the Republic of Indonesia Number 25 of 2008 concerning Requirements and Procedures for Population Registration and Civil Registration. Then regarding the validity of marriage for transsexuals, from the six religions recognized by the government as the official religion in Indonesia, namely Islam, Christianity, Catholicism, Hinduism, Buddhism, and Confucianism, do not legalize a marriage carried out by parties, one of whom is a transsexual who has gone through Sex Reassignment Surgery. <br />Keywords: Sex Reassignment; Transsexual; Legality of Marriage.</p><p>Abstrak<br />Artikel ini bertujuan untuk mengkaji pengesahan perubahan status hukum dan prosedur penggantian jenis kelamin di dokumen kependudukan bagi transeksual di Indonesia, serta keabsahan perkawinan bagi transeksual ditinjau dari Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan. Metode penelitian yang digunakan adalah jenis penelitian hukum normatif, dengan pendekatan kualitatif. Bahan hukum yang digunakan adalah bahan hukum primer dan sekunder, dengan teknik pengumpulan data yang digunakan adalah teknik studi kepustakaan atau studi dokumen. Berdasarkan hasil penelitian, disimpulkan bahwa di Indonesia belum ada aturan khusus mengenai penggantian jenis kelamin, namun bagi hakim tidak boleh menolak suatu perkara karena Undang-Undang tidak ada atau tidak jelas. Mengenai prosedur penggantian jenis kelamin di dokumen kependudukan diatur dalam Undang- Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan dan Peraturan Presiden Republik Indonesia Nomor 25 Tahun 2008 tentang Persyaratan dan Tata Cara Pendaftaran Penduduk dan Pencatatan Sipil. Kemudian mengenai keabsahan perkawinan bagi transeksual, dari keenam agama yang diakui pemerintah sebagai agama resmi di Indonesia yaitu Islam, Kristen, Katolik, Hindu, Buddha, dan Khonghucu, tidak mensahkan suatu perkawinan yang dilaksanakan oleh para pihak yang salah satunya seorang transeksual yang telah melalui operasi penggantian kelamin.<br />Kata Kunci: Penggantian Kelamin; Transeksual; Keabsahan Perkawinan.</p>
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Dragan, Alin Teodorus. "Procedural Aspects of Cybercrime Investigation." Journal of Legal Studies 16, no. 30 (December 1, 2015): 55–66. http://dx.doi.org/10.1515/jles-2015-0011.
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Abstract Romanian legislation has had to adapt to new challenges. Following the ratification by our country of the provisions of the Council of Europe on cybercrime, in addition to substantive law provisions, procedural provisions have been introduced, which are intended to regulate the activity of criminal investigation bodies in investigating cybercrime offences.
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Guseva, N. K., Vitaliy A. Berdutin, P. S. Zubeev, and S. V. Baranova. "ANALYSIS OF THE ACTIVITY OF THE DOCTORAL COMMISSION OF LARGE HOSPITAL-POLYCLINIC ASSOCIATION ON THE REFERRAL OF PATIENTS TO MEDICAL-SOCIAL EXPERTISE." Medical and Social Expert Evaluation and Rehabilitation 20, no. 4 (December 15, 2017): 185–91. http://dx.doi.org/10.18821/1560-9537-2017-20-4-185-191.
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The peculiarity of the current stage of the development of medical and social expertise (MSE) is, first of all, the ratification of the Convention on the Rights of Persons with Disabilities in the Russian Federation. An attempt to ensure the participation of citizens with restrictions in activities in the civil, political, social and cultural life of the society required significant changes and additions to the regulatory and legislative framework of the Russian Federation that regulates various aspects of the life of Russian citizens. Changes in regulatory and legislative acts increase the role and importance of medical organizations in MSE in terms of establishing and formulating a medical diagnosis of the patient, determining the nature and persistence of disorders of the body’s functions, developing and implementing intra-institutional rehabilitation programs for people with disabilities. In this regard, it is important to take into account the readiness of medical organizations to respond promptly to changes in expert legislation and to make contributions into the provision of the continuity, consistency, succession and complexity of the expert - rehabilitation process. The purpose of this study was to identify the main trends in the work of disability evaluation boards of medical organizations on the example of a large hospital-polyclinic association for the referral of patients for MSE. It was succeed to clarify out that to date the procedure for referral citizens to MSE in the association is well managed, targeted at individuals, both of senior and middle ages and their need for examination, taking into account results of rehabilitation. During the period of observation, there was noted the gain in the number of people referred for MSE, mainly at the expense of persons referred for the reassessment, which is related both with the severity of the contingent appealing to the organization and using modern treatment technologies requiring a long rehabilitation period and with the accumulation of a contingent disabled people. Therefore, in examination persons of the older age group, the participation of geriatricians will probably be necessary.
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Dmitrenko, D. O. "Legal regulation of working hours and rest periods of seafarers in Ukraine and Finland." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 170–75. http://dx.doi.org/10.24144/2307-3322.2021.64.32.
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The article considers the legal regulation of working hours and rest periods of seafarers under the legislation of Ukraine in the comparative legal aspect with the legislation of Finland. Much attention is given to an analysis of working hours of seafarers, compensation for the overtime work and securance of the right of annual leave and regular periods of rest under the legislation of Ukraine and Finland, as well as conformity of Ukrainian labour legislation and social rights of seafarers with the Maritime Labour Convention (MLC, 2006), and with the legislation of Finland. Ukraine hasn’t ratified any of the International Labour Organisation Conventions relating to working time and periods of rest of seafarers, and these issues are governed by the Regulation «On working hours and periods of rest of floating sea and river transport of Ukraine» (approved by Order of the Ministry of Infrastructure of Ukraine № 135 from 29.02.2012). Finland’s trade unions play an important role in working life of seafarers, by not only protecting their rights and providing decent working conditions, but also by deviations from certain provision of the Seamen’s Working Time Act (296/1976). Those deviations can concern reduction of duration of working hours, increase of payments for overtime work, providing additional rest time, etc. It is concluded that the labor legislation of Ukraine does not contain provisions on imposing sanctions on captain or shipowner in case of violation of seafarer’s right of normal working hours, annual leave and regular periods of rest, while in Finland, captain or shipowner can be prosecuted for improper or malicious violation of the procedure of the register of working hours, rest periods, compensation payments and annual leaves. Also Ukrainian legislation provide no legal mechanism for obtaining state and social guarantees by seafarers. The article suggests changes to national legislation by passing the law regarding seafarers labour rights and ratification of the Maritime Labour Convention (MLC, 2006).
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Rulandari, Novianita. "Study of Sustainable Development Goals (SDGS) Quality Education in Indonesia in the First Three Years." Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 4, no. 2 (May 24, 2021): 2702–8. http://dx.doi.org/10.33258/birci.v4i2.1978.
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The aim of this study is to conduct research and analysis on Indonesia's progress toward the Sustainable Development Goals (SDGs) Quality Education over the last three years (2015-2018). The aim of this study is to assess and comprehend Indonesia's progress toward achieving the Sustainable Development Goals (SDGs) for Quality Education since they were announced in 2015. In Indonesia, the Sustainable Development Goals (SDGs) and Education Quality thesis utilizes a qualitative research design. We conducted this research using a case study analysis based on the procedure, the data, and the triangulation of sources. We draw certain conclusions as a result of the study. To begin, in comparison to four years ago, at the time of the SDGs' initial ratification, Indonesia experienced better progress in terms of timeliness and participatory processes. But even so, the challenges faced by implementing the SDGs are not just about those two things. In terms of substance, the ambition of SDGs to eliminate the negation component of the development is a work that is almost close to utopia. Second, in terms of the process, the implementation of SDGs Quality Education at the national level still leaves homework such as accountability mechanisms, receipt of data from non-government parties, and the participation process itself. This should not be seen as a burden but rather a challenge that must be faced to improve performance for the acceleration of Indonesia's quality education national development until 2030. Third, the active role of the government is certainly the main capital for the implementation and achievement of SDGs quality education in Indonesia. Initiatives that come from various parties, including universities, bring optimism that the SDGs quality education will be implemented on inclusive and participatory principles. Fourth, a coalition of civil society organizations is needed to ensure that the SDGs' quality education is implemented in the context of Indonesia's growth, both at the national and regional levels. These social systems have the potential to pressure the Indonesian government to prepare for a variety of things, both procedurally and substantively.
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Hug, Simon, and Thomas König. "In View of Ratification: Governmental Preferences and Domestic Constraints at the Amsterdam Intergovernmental Conference." International Organization 56, no. 2 (2002): 447–76. http://dx.doi.org/10.1162/002081802320005531.
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The bargaining product of the Amsterdam Intergovernmental Conference—the Amsterdam Treaty—dwindled down the draft proposal to a consensus set of all fifteen member states of the European Union (EU). Using the two-level concept of international bargains, we provide a thorough analysis of how this consensus set was reached by issue subtraction with respect to domestic ratification constraints. Drawing on data sets covering the positions of all negotiating actors and ratifying national political parties, we first highlight the differences in the Amsterdam ratification procedures in the fifteen member states of the EU. This analysis allows us to compare the varying ratification difficulties in each country. Second, our empirical analysis of the treaty negotiations shows that member states excluded half of the Amsterdam bargaining issues to secure a smooth ratification. Because member states with higher domestic ratification constraints performed better in eliminating uncomfortable issues at the Amsterdam Intergovernmental Conference, issue subtraction can be explained by the extent to which the negotiators were constrained by domestic interests.
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Parolin, Gianluca P. "The Constitutional Framework of International Law in the Gulf: Ratification and Implementation of International Treaties in GCC Constitutions." Arab Law Quarterly 34, no. 1 (February 11, 2020): 24–42. http://dx.doi.org/10.1163/15730255-12334054.
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Abstract This article investigates how ratification and implementation of international treaties are regulated in GCC Constitutions and how these regulations currently operate. First, it considers the models of internal/international law relations that Gulf Cooperation Council (GCC) Constitutions espouse. Second, it then reviews ratification procedures and practices. Finally, it examines alternative options to guarantee implementation. Shifting the focus away from conventional court implementation mechanisms, the article argues that internal accountability mechanisms of executives might guarantee a more effective enforcement of international treaties in the GCC Member States.
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Hari Sanjaya, Davit, and Achmad Sulchan. "Notary Role In Making Cooperation Deed Based On Act No. 25 Of 1992 On Cooperatives In The Kudus District." Jurnal Akta 6, no. 2 (August 6, 2019): 199. http://dx.doi.org/10.30659/akta.v6i2.5007.
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The purpose of this study are to: 1) To determine and analyze the role of the Notary In Making Cooperative Deed Based on Act No.25 of 1992 on Cooperatives in Kudus District, 2) To determine the barriers and solutions with other legal regulations. The data used in this research is the primary data secondary data to support the assessment, which is then analyzed by socio-juridical.Based on data analysis concluded that: 1) The results of this study indicate Notary Role In Making Deed of Cooperative Members ie till Endorsement Process Deed by the competent authority, the Minister, the Act is used in the manufacture Cooperation Deed is the Act No.25 1992. the role of the Notary in making Cooperation Deed stipulated in the Decree of Minister Number 98 / KEP / M.UKM / IX / 2004, in addition to the Basic Law Firm ratification process Cooperatives, Government Regulation No. 4 of 1994 on the Terms and Procedure for Approval of Amendment to Articles of Incorporation Deed Basics Cooperative, and Regulation No. 01 Of 2006 that is on Implementation Guidelines for the Establishment, Approval of establishment and amendments of the Cooperative. 2) There are several notaries who are new that have not signed up to become a Notary Deed Official Land should Notary new one immediately enroll into NPAK, in the manufacture of Cooperation Deed Notary still ask for services to prospective Cooperative who can not afford, while at Law Notary is not mandatory enlist the services with the provisions of the Cooperative it was completely incapable and must have a letter from the Village, the reason besides pembuatanya complicated and lengthy the Notary still ask for services but the cost at most minimal, a notary is excluded by the founder and the Department of Cooperatives in meetings of formation, so that each holding Formation meeting cooperative cooperative Division move itself without the presence of a Notary, the Notary should be invited in the meeting included joint founder of the cooperative Formation, in the execution of the Deed of cooperatives, making the slowest period of 3 months and the fastest 7 working days.Keywords: Notary Role; Deed Making; Cooperative
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Souza, Allan Rocha de, and Alexandre De Serpa Pinto Fairbanks. "THE MARRAKESH TREATY RATIFICATION IN BRAZIL: IMMEDIATE EFFECTS." PANORAMA OF BRAZILIAN LAW 4, no. 5-6 (May 26, 2018): 328–46. http://dx.doi.org/10.17768/pbl.v4i5-6.34438.
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This paper willpresent the ratification process of the Marrakesh Treaty in Brazil, its place within the legal system and the likely effects on copyright limitations. We structure the paper in two parts. First we show how the Brazilian Constitution governs the reception of human rights international treaties and conventions and expose their effects throughout the system. We follow by the presentation of the Marrakesh Treaty’s ratification process in Brazil, concentrating on the justifications and results of the legislative procedures. Finally, we consider the likely and possible effects on public policy, legal change and the judicial interpretation of the limitations. We choose to use primary official sources to present the questions for analyses. Our method of choice is inductive, since we extensively use legislative records to elaborate on the political processes and legal rationales behind it.
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Souza, Allan Rocha de, and Alexandre De Serpa Pinto Fairbanks. "THE MARRAKESH TREATY RATIFICATION IN BRAZIL: IMMEDIATE EFFECTS." PANORAMA OF BRAZILIAN LAW 4, no. 5-6 (May 26, 2018): 328–46. http://dx.doi.org/10.17768/pbl.v4i5-6.p328-346.
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This paper willpresent the ratification process of the Marrakesh Treaty in Brazil, its place within the legal system and the likely effects on copyright limitations. We structure the paper in two parts. First we show how the Brazilian Constitution governs the reception of human rights international treaties and conventions and expose their effects throughout the system. We follow by the presentation of the Marrakesh Treaty’s ratification process in Brazil, concentrating on the justifications and results of the legislative procedures. Finally, we consider the likely and possible effects on public policy, legal change and the judicial interpretation of the limitations. We choose to use primary official sources to present the questions for analyses. Our method of choice is inductive, since we extensively use legislative records to elaborate on the political processes and legal rationales behind it.
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Souza, Allan Rocha de, and Alexandre De Serpa Pinto Fairbanks. "THE MARRAKESH TREATY RATIFICATION IN BRAZIL: IMMEDIATE EFFECTS." PANORAMA OF BRAZILIAN LAW 4, no. 5-6 (May 31, 2017): 328–46. http://dx.doi.org/10.17768/pbl.y4.n5-6.p328-346.
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This paper willpresent the ratification process of the Marrakesh Treaty in Brazil, its place within the legal system and the likely effects on copyright limitations. We structure the paper in two parts. First we show how the Brazilian Constitution governs the reception of human rights international treaties and conventions and expose their effects throughout the system. We follow by the presentation of the Marrakesh Treaty’s ratification process in Brazil, concentrating on the justifications and results of the legislative procedures. Finally, we consider the likely and possible effects on public policy, legal change and the judicial interpretation of the limitations. We choose to use primary official sources to present the questions for analyses. Our method of choice is inductive, since we extensively use legislative records to elaborate on the political processes and legal rationales behind it.
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Souza, Allan Rocha de, and Alexandre De Serpa Pinto Fairbanks. "THE MARRAKESH TREATY RATIFICATION IN BRAZIL: IMMEDIATE EFFECTS." PANORAMA OF BRAZILIAN LAW 4, no. 5-6 (May 26, 2018): 328–46. http://dx.doi.org/10.17768/pbl.y4n5-6.p328-346.
Full textAbstract:
This paper willpresent the ratification process of the Marrakesh Treaty in Brazil, its place within the legal system and the likely effects on copyright limitations. We structure the paper in two parts. First we show how the Brazilian Constitution governs the reception of human rights international treaties and conventions and expose their effects throughout the system. We follow by the presentation of the Marrakesh Treaty’s ratification process in Brazil, concentrating on the justifications and results of the legislative procedures. Finally, we consider the likely and possible effects on public policy, legal change and the judicial interpretation of the limitations. We choose to use primary official sources to present the questions for analyses. Our method of choice is inductive, since we extensively use legislative records to elaborate on the political processes and legal rationales behind it.
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Lazutin, L. A., and M. A. Likhachev. "International criminal court and Russia: to be or not to be together." Moscow Journal of International Law, no. 4 (March 23, 2020): 46–60. http://dx.doi.org/10.24833/0869-0049-2019-4-46-60.
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INTRODUCTION. The creation of the International Criminal Court in 1998 boosted significantly the interests of practitioners and researchers as regards international criminal law and procedure. It was the very first time when the permanent international court dealing with crimes of the concern of the international community was created. Twenty years being passed but the formal quantitative results of the Court coupled with disputes as regards Court’s role and status, skepticism and disappointment of his work provoked an overall critic and negligence. It was aggravated by the direct critic delivered by a few states. Some of them refused to become a party to the Rome Statute or withdrew its ratification thereof. The same was with the internal situation in the Court: reluctance about the cooperation of the forensic unities and HR-disputes.MATERIALS AND METHODS. To prepare this paper the academic teachings of Russian and foreign specialists in international law and especially international criminal law, international and domestic legal instruments, media publications, reports and statistics of the ICC official web page were used. This study is premised on using the general methods of cognition (systemic and structural approaches, analysis and synthesis, deduction and induction) and methods of legal research (comparative, historical and formallydogmatic methods).RESEARCH RESULTS. Exaggerated expectations, organizational shortcomings, external explicit backlash, system obstacles of the international justice, pressure of officials and overt nihilism of the academics – that is where the Court have no choice but to work. Russian skepticism coupled with political observations provoked Russia’s 2016 withdrawal of its signature from the Rome Statute.The paper deals with Russian motives and reasons of the abovementioned decision. The analysis is carried out within the general pattern of the functioning of the Courts and its drawbacks. The stance of the main stakeholders is also considered. The authors conclude that the main reason of the Court’s default is predetermined considerably by the systematic and objective factors not dependent on the Hague court. At the same time some of the problems are deemed to be typical for international justice per se.DISCUSSION AND CONCLUSIONS. The bashing as regards the Court and its results excludes the impartiality in assessing ICC’s results and impedes the correct reasoning and offering adequate recommendations. The general negative narrative backs sufficient background for taking solely politically motivated decisions what the Russian experience proves.
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MORENO GARCÍA, Javier. "El alcance material de la reserva de jurisdicción del art. 117.3 CE: la STC 141/2020 y las medidas cautelares adoptadas por la Administración Tributaria en sede judicial." Revista Vasca de Administración Pública / Herri-Arduralaritzarako Euskal Aldizkaria, no. 120 (August 30, 2021): 251–74. http://dx.doi.org/10.47623/ivap-rvap.120.2021.08.
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LABURPENA: Tributuen Lege Orokorrari (2003ko abenduaren 17ko 58/2003) 2012an eginiko aldaketak 8. apartatu bat gehitu zuen 81. artikuluan. Hari esker, administrazioak zerga-delituengatiko zigor-arloko prozesu batean kautelazko neurriak hartzeko ahala bereganatu zuen; erabaki hori, epaileak berretsi behar badu ere, auzitegien esku baino ez zegoen ordura arte. Doktrinak ulertu zuen konstituzioaren aurkako manu bat zela, jurisdikzio-erreserbaren printzipioa urratzen zuelakoan (Espainiako Konstituzioaren 117.3 artikuluan bermatuta), eta Konstituzioak botere judizialari erreserbatutako eremu material espezifikoaren irismenari buruzko beste eztabaida bat ireki zen horrela. Goi Auzitegiaren Saletako bat, Konstituzio Auzitegiaren 141/2020 Epaian, eta manu horren konstituzio-kontrakotasuna planteatzen ez zuen babes-errekurtso bati lotuta, aukera horretaz baliatu zen Zerga Administrazioak prozesuko eremuan izandako esku-sartze horri buruzko iritzia emateko. ABSTRACT: In 2012, an amendment of Act 58/2003 of December 17th, on General Taxation introduced a new paragraph 8 to art. 81. Under that provision, the Administration can adopt interim measures within a criminal procedure related to tax offences, notwithstandig its following judicial ratification. The doctrine understood that it was an unconstitutional provision because it infringed the principle of jurisdiction reserve as constitutionally guaranteed under art. 117.3 of the Constitution and another debate began over the specific material scope reserved to the judiciary according to the Constitution. In its judgment 148/2000, one of the Constitutional Court chambers with regard to an action for the protection of fundamental rights where the unconstitutionality of the provision was not raised, took the opportunity to deliver its assessment about the interference of the Tax Administration within the procedural field. RESUMEN: Una modificación en 2012 de la Ley 58/2003, de 17 de diciembre, General Tributaria introdujo un nuevo apartado 8 al art. 81. En su virtud, la administración adquiría potestades para adoptar las medidas cautelares en el seno de un proceso penal por delitos fiscales, decisión que, aunque debe ratificar el juez, hasta ese momento le correspondía en exclusiva a los tribunales. La doctrina entendió que se trataba de un precepto inconstitucional por vulnerar el principio de reserva de jurisdicción, constitucionalmente garantizado en el art. 117.3 CE y se abrió así otro debate sobre el alcance del ámbito material específico reservado por la Constitución al poder judicial. En su STC 141/2020, una de las Salas del Alto Tribunal, al hilo de un recurso de amparo en el que no se planteaba la inconstitucionalidad de ese precepto, aprovecha la ocasión para dar su valoración sobre esa intromisión de la administración tributaria en el ámbito procesal.
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Al-Khudayri, Yassir. "Procedural Haze: The ICC’s Jurisdiction over the Situation in Palestine." Palestine Yearbook of International Law Online 20, no. 1 (February 12, 2019): 117–47. http://dx.doi.org/10.1163/2211-6141_005.
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Palestine’s ratification of the Rome Statute, and limited retroactive acceptance of the jurisdiction of the International Criminal Court (ICC, or the Court), constitutes one of the major legal developments of the Israeli-Palestinian conflict in the past decade. But such a milestone does not come without contentious legal and political challenges. Several procedural obstacles are likely to arise, especially relating to jurisdiction and admissibility, which will determine whether the ICC even gets to substantive questions of accountability. No matter which cases might ultimately be prosecuted, any ICC investigation – and perhaps even the preliminary examination – is thus likely to confront the antagonisms surrounding Palestinian statehood, bilateral agreements between Israel and the Palestinians, border disputes, and domestic criminal proceedings.