scholarly journals Analysis of the International Responsibility System of Climate Change

2018 ◽  
Vol 13 (2) ◽  
pp. 194-205 ◽  
Author(s):  
Mona Davanlou ◽  
Seyed Abbas Poorhashemi ◽  
Ali Zare ◽  
Mohsen Abdollahi
Keyword(s):  
Climate Change ◽  
Law Enforcement ◽  
International Law ◽  
Effective Mechanism ◽  
The Past ◽  
Recent Developments ◽  
The Subject ◽  
The Common ◽  
International Responsibility ◽  
Responsibility System

International state responsibility is one of the most attractive and most important and, at the same time, the most complex area of international law, and its precise explanation, as well as its commitment, plays a great role in the development of international law enforcement. Today, climate change is one of the common and significant concerns of the international community. Despite the sensitivity and importance of the issue, there has been no significant correlation to solve this problem. With regard to the international law approach, this study seeks to use the subject of international responsibility as an effective mechanism for combating climate change. Moreover, it tries to address Kyoto Protocol and the Paris Consensus in addition to brief look at the past, focusing on recent developments on climate change, and relying on the United Nations Framework Convention on Climate Change in order to summarize the latest achievements of international law in this field. Besides, it also discusses the effective liability of the states that can prevent and compensate for these changes.

Part IV Access to Protection and International Responsibility-Sharing, Ch.29 Smuggling of Migrants and Refugees

2021 ◽  
Author(s):  
Schloenhardt Andreas
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
United Nations ◽  
International Law ◽  
Asylum Seekers ◽  
Refugee Law ◽  
The Subject ◽  
International Responsibility ◽  
The United Nations ◽  
International Refugee Law

This chapter focuses on the smuggling of migrants in the context of refugee movements, and examines the scope and application of international law pertaining to these phenomena. The principal binding global instrument on this topic is the United Nations Protocol against the Smuggling of Migrants by Land, Sea and Air which, on the surface, coexists alongside international refugee law in situations where smuggled migrants are seeking asylum. Although the Smuggling of Migrants Protocol expressly recognizes the protection afforded to refugees under international law, its interpretation, operation, and implementation often run into conflict with the Refugee Convention. All too frequently, measures to prevent and combat the smuggling of migrants focus exclusively on law enforcement, criminal justice, and restrictive border measures without recognizing the rights of refugees, asylum seekers, and smuggled migrants, which are the subject of this chapter.

Analysis of the International Responsibility System of Climate Change

2018 ◽  
Author(s):  
Mona Davanlou ◽  
Dr. Abbas Poorhashemi ◽  
Ali Zare ◽  
Mohsen Abdollahi
Keyword(s):  
Climate Change ◽  
International Responsibility ◽  
Responsibility System

scholarly journals Good offices: grasping the place of law in conflict

Legal Studies ◽  
2014 ◽  
Vol 34 (3) ◽  
pp. 469-496 ◽  
Author(s):  
Aoife O'Donoghue
Keyword(s):  
International Law ◽  
Past Century ◽  
Legal Analysis ◽  
International Organisations ◽  
The Past ◽  
The Pacific ◽  
The Subject ◽  
Definition Of ◽  
Settlement Of Disputes ◽  
Violent Conflicts

In the pantheon of approaches open to participants in the pacific settlement of disputes, good offices holds a noteworthy place. The evolution of good offices over the past century is concurrent with a trend of considerable transformation within international law, including – amongst other changes – a move away from a state-led legal order, including in good offices following the emergence of the heads of international organisations as its prime users, and a process of legalisation and specialisation within the subject that has entirely altered its character. These changes have led to a redefinition of good offices that stresses the actor carrying out the role above the form that it takes. To accompany these changes in practice, there is a need for a transformation in the legal analysis and definition of good offices. One potential option in achieving this end is Bell'slex pacificatoria. If good offices is to continue to play a significant role in the settlement of violent conflicts, a fully developed legal analysis is necessary to grasp both its historical development and its potential future role.

Young children: the visibility paradox

2020 ◽  
pp. 87-112
Author(s):  
Corinne May-Chahal ◽  
Emma Kelly
Keyword(s):  
Sexual Abuse ◽  
Law Enforcement ◽  
Child Sexual Abuse ◽  
Young Children ◽  
Sexual Violence ◽  
Family Members ◽  
Image Databases ◽  
The Past ◽  
Traditional Sense ◽  
The Subject

This chapter reviews what is known about child sexual abuse media, with a particular focus on the abuse of young children (those under the age of 10). Young children are seldom the subject of research on sexual violence, yet the online-facilitated sexual abuse of these children is known to exist. In the past, child sexual abuse has been described as a hidden phenomenon that is made visible through a child's disclosure or evidence in and on their bodies. Online child sexual victimisation (OCSV) experienced by young children is still hidden in this traditional sense but at the same time highly visible through images that are both detached from the child yet traumatically attached through their creation and continued circulation throughout childhood. Indeed, most of what can be known about OCSV and younger children is through analyses of images harvested online and analyses of law enforcement and non-governmental organisation (NGO) image databases. These sources suggest that OCSV involving young children is different from that experienced by those who are older. It more often involves parents, carers, and family members; it is legally and developmentally impossible for children to consent to it; and images and videos of the abuse are more likely to be trafficked.

Criminal Justice beyond National Sovereignty. An Alternative Perspective on the Europeanisation of Criminal Law

2015 ◽  
Vol 23 (1) ◽  
pp. 11-31 ◽  
Author(s):  
Jannemieke Ouwerkerk
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Primary Concern ◽  
National Sovereignty ◽  
The Past ◽  
Alternative Perspective ◽  
Recent Developments ◽  
Criminal Matters ◽  
Judicial Protection

Over the past few decades the competences of the eu to enact legislation in criminal matters have significantly increased. Member States and criminal law experts have raised concerns: to what extent can national sovereignty and domestic interests regarding criminal justice be preserved? This paper argues that the perspective of national sovereignty should not be the primary concern in criminal justice affairs in the eu. It is proposed that eu legal measures in this area are primarily judged on whether they in their entirety contribute to a reasonable balance between effective law enforcement and adequate judicial protection of individuals. From this perspective, recent developments potentially contribute to redressing the balance in eu criminal law.

Child Rights and the Movement from Status to Agency: Human Rights and the Removal of the Legal Disabilities of Vulnerability

2015 ◽  
Vol 84 (2) ◽  
pp. 183-220
Author(s):  
Sevda Clark
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Status ◽  
Human Rights Law ◽  
Child Rights ◽  
Sociological Approach ◽  
Legal Ideology ◽  
Recent Developments ◽  
The Common ◽  
Universal Norm

Using ideology as heuristic, a legal sociological approach is employed to critically evaluate a child’s legal status and its evolution since the eighteenth century. Four principal phases are identified: (1) legal ideology of individualism in the common law tradition; (2) movement from status to contract; (3) movement from status to rights; and (4) movement from status to agency. To strengthen legal agency both status and capacity are addressed. In the fourth phase, legal status has evolved in ways capable of facilitating children’s legal agency; it has evolved from being static to being dynamic, and is now determined by reference to public international law, rather than territorially. This article advances a universal norm of legal capacity to sue for violations of human rights, which is derived from the recent developments in human rights law. In the evolution of children’s rights we are presently witnessing the movement from status to agency.

The Purpose and Practice of a Public Theology in a Time of Climate Change

2010 ◽  
Vol 4 (3) ◽  
pp. 356-372 ◽  
Author(s):  
Clive Pearson
Keyword(s):  
Climate Change ◽  
Common Good ◽  
Public Theology ◽  
The Public ◽  
The Common Good ◽  
Public Agenda ◽  
The Subject ◽  
The Common ◽  
Level Of Concern ◽  
Opinion Polls

AbstractThe nature of a public theology is to concern itself with the common good and the flourishing of all. The subject of climate change is to the forefront of the public agenda. Now and then the level of concern can slip down the opinion polls and it does attract a concerted degree of scepticism. It is nevertheless an issue that can allow us to consider the purpose and practice of a public theology. This article sets out to draw upon the insights of others who have contributed to this issue of the International Journal of Public Theology. It also sets out to place this work inside other discussions on what is a public theology and its intersection with an ecotheology.

Preserving the Medieval City of Ani

2014 ◽  
Vol 73 (4) ◽  
pp. 528-555 ◽  
Author(s):  
Heghnar Zeitlian Watenpaugh
Keyword(s):  
Cultural Heritage ◽  
Heritage Management ◽  
Late Nineteenth Century ◽  
Muslim Country ◽  
Cultural Heritage Management ◽  
Heritage Sites ◽  
The Past ◽  
Recent Developments ◽  
The Subject ◽  
The Silk Road

Despite its architectural fame, the medieval city of Ani in eastern Turkey, once an Armenian capital on the Silk Road, was endangered until recently. Preserving the Medieval City of Ani: Cultural Heritage between Contest and Reconciliation traces the evolution of Ani since the late nineteenth century as an object of preservation and the subject of debate about heritage. As a primarily non-Muslim site in a modern, majority-Muslim country, Ani poses dilemmas shared by other cultural heritage sites in postconflict societies: it presents economic opportunity through tourism, but its history prompts questions about a painful recent past the state refuses to acknowledge. Analyzing the recent developments in cultural heritage management in Turkey involving international heritage organizations, especially for Christian and Armenian monuments, and highlighting the civil society debate about rediscovering long-suppressed episodes of Turkish history, Heghnar Zeitlian Watenpaugh argues that despite daunting difficulties beleaguering acknowledgment of the past, cultural heritage can provide a medium for reconciliation rather than contestation.

scholarly journals Framing agricultural policy through the EC’s strategies on CAP reforms (1992–2017)

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Karmen Erjavec ◽  
Emil Erjavec
Keyword(s):  
Climate Change ◽  
Food Security ◽  
Agricultural Policy ◽  
Common Agricultural Policy ◽  
Framing Analysis ◽  
Implementation Model ◽  
Societal Issues ◽  
The Past ◽  
Quality Health ◽  
The Common

AbstractThe periodic reforms of the Common Agricultural Policy (CAP) are announced each time by a strategic document in the form of a Communication by the European Commission (EC). The content of the last Communication differs from previous ones, which raises the questions of what frames the EC has employed with respect to its CAP reforms and how these frames have been modified over the past 26 years (from 1991 to 2017) in order to legitimise the preservation of the CAP. This paper tries to fill the gap in the research of frames in the main strategic documents on the CAP by employing comparative historical framing analysis. The results show consistent use of five frames: the policy mechanism frame, farmers’ economic frame, foreign trade frame, budgetary frame, and the societal concerns frame. While they have all remained in use, most have been changed significantly over the years. Throughout the analysed period, the farmers’ economic frame has retained its primacy and continuity, demonstrating the power of the farmers’ lobbies and conservative member states. If in the initial Communications the environment was barely present within the societal concerns frame, it has gained importance in the recent Communications, in addition to other general societal issues, such as climate change, food security and quality, health, digitalisation, innovation, and even migration. By marginalising the policy mechanism frame and replacing it with the implementation model and increasingly emphasising the societal concerns frame with social justifications of the CAP, the EC is trying to legitimise the CAP after 2021.

Climate Change and People on the Move

2018 ◽  
Author(s):  
Fanny Thornton
Keyword(s):  
Climate Change ◽  
Distributive Justice ◽  
International Law ◽  
Corrective Justice ◽  
Change Context ◽  
International Responsibility ◽  
People Movement ◽  
Disproportionate Burden ◽  
Impacts Of Climate Change

The book applies a justice framework to analysis of the actual and potential role of international law with respect to people on the move in the context of anthropogenic climate change. That people are affected by the impacts of climate change is no longer doubted, including with implications for the movement of people (migration, displacement, relocation, etc.). The book tackles unique questions concerning international responsibility for people movement arising from the inequities inherent to climate change. Corrective and distributive justice provide the analytical backbone. They are explored in a substantial theoretical chapter and then applied to subsequent contextual analysis. Corrective justice supports analysis as to whether people movement in the climate change context could be conceived or framed as harm, loss, or damage which is compensable under international law, either through fault-centred regimes or no-fault regimes (i.e., insurance). Distributive justice supports analysis as to whether such movement could be conceived or framed as a disproportionate burden, either for those faced with movement or those faced with sheltering people on the move, from which duties of redistribution may stem. The book contributes to the growing scholarship and analysis concerning international law or governance and people movement in response to climate change by investigating the bounds of the law where the phenomenon is viewed as one of (in)justice.

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