scholarly journals International standards and domestic violence

Temida ◽  
2005 ◽  
Vol 8 (2) ◽  
pp. 11-20
Author(s):  
Vesna Nikolic-Ristanovic ◽  
Mirjana Dokmanovic

The majority states in the world, as well as Serbia and Montenegro, took over the obligations from international law documents with regards to prevention, protection and prosecution of domestic violence. Over the last several years, in Serbia and Montenegro, there have been some positive steps regarding more decisive reaction on domestic violence, in the first place thanks to NGOs advocacy. However, the state involvement and contribution is still symbolic in comparison with obligations that international documents require from it. Having that in mind, authors try to explain the role and significance of international law for improving social responses on family violence. They also give systematic review of the most important demands that international law set up before the state. The main aim of the text is the analysis of the role that international law has in making state strategies in the field of domestic violence, as well as systematic review of existing international standards in this area which have to be taken into consideration in legislative, institutionalized and other reforms which are on going in Serbia and Montenegro.

Author(s):  
José Duke S. Bagulaya

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.


Temida ◽  
2007 ◽  
Vol 10 (4) ◽  
pp. 3-12 ◽  
Author(s):  
Vesna Nikolic-Ristanovic ◽  
Marina Kovacevic-Lepojevic

In the last two decades stalking phenomenon is recognized and actualized in the world in professional, scientific circles, in media and the everyday talk. Recently, stalking is identified as specific and complex problem studied separately from domestic violence, workplace abuse, sexual harassment, threats, following, homicide, voyeurism and the other phenomenon to which stalking may or not be related. This paper is aimed to determine the notion of stalking and its relationship with similar phenomena, to review the research about the prevalence and nature of stalking, as well as to review the measures for its prevention, supporting victims and prosecution of offenders. Finally, the paper intend to contribute toward initiation of research and legal reforms regarding stalking victimisation in Serbia.


Author(s):  
Sergio Dellavalle

This chapter argues that Hegel can be regarded as the philosopher who was the first to pave the way to a new paradigm of order and, thus, also to a new idea of the relation between the state and international law. Hegel would not only conceive order as a ‘system’—which emerges clearly from the investigation of the deep connection between his interpretation of international law and relations and the broader context of his philosophy—but this ‘system’ would also be something new within the horizon of the patterns of social order. Indeed, two elements of a new paradigm are at least sketched in Hegel’s philosophy: the polyarchic setting of order, and its dialectic (or maybe even communicative) understanding.


2021 ◽  
Vol 13 (3) ◽  
Author(s):  
Elena Agamagomedova ◽  
Vladimir Kovarda

The expansion of international trade and the dynamism of the geography of foreign trade operations are pushing for the transformation of the transport and logistics system of foreign economic activity. The current stage of development of the world economy highlights the country's transport and logistics system as a key factor of competition in world markets, which entails a confrontation between national states for the formation/participation, for example, of transit routes for the movement of goods. In these conditions, the objects of transport and logistics infrastructure, the degree of their development, and the dynamics of investment are of exceptional importance. In this area, Russia lags behind the advanced economically developed and developing countries, and the volume of investment is significantly lower than many economies in the world. In this regard, there is an opinion in the scientific community that the logistics of foreign trade in Russia without forced growth can become a deterrent to the development of the country's export potential. As a result of the study, it was identified as relatively insufficient (in accordance with international standards) the cost of logistics infrastructure facilities, as well as a limited amount of investment, which is a key factor constraining the development of the industry. In addition to the above, there is a shortage of competent personnel in this area, and it is also necessary to improve the system of training of relevant employees. As a result, as of 2018, Russia ranked only 75th (out of 160 countries) in the world in the Logistics Performance Index (LPI) rating, which, despite the dynamics, is extremely low for a state with wide export and transit opportunities. In the second part of the paper, the main ways of developing Russia's export potential through improving transport and logistics activities are formulated. Among all areas, special attention should be paid to the processes of investing in the creation or modernization of logistics infrastructure facilities through the formation of a financing system based on public-private partnership mechanisms. In this aspect, it is extremely important to develop both the state mechanism of digital traceability of the movement of goods in the transport chains, and private ones. At the same time, from the position of the state, efforts should be directed to the transformation of the business environment in the vector of barrier-free conditions.


2021 ◽  
Vol 10 ◽  
pp. 636-647
Author(s):  
Daniyar Sarsembayev ◽  

This article is an attempt to explain a new way of the cause of the emergence of the state with simultaneous consideration of previously known theories in legal science. Several arguments are presented in favor of the new theory, which, in the author's opinion, are sufficiently valid. The author analyzes the dynamics of the development of the causes of the emergence of state and law and its influence on the transformation of the latest civilizations, which took place in history. Based on the historical chronology of the emergence and functioning of money, the author conventionally differs three stages in its development: 1) the period of the gold standard or a chronic shortage of monetary liquidity; 2) the period of paper money and inflationary pressure; 3) the digital money period. The author upholds a new position regarding the essence of international law, believing that international law is not a separate system of law, but only the result of the evolution of law from national to international, which became possible thanks to the development of the institution of money. The author shares his thoughts on the true reason for justifying the state's right to war in international law a while back, expressed in a persistent shortage of monetary liquidity, which took place from the moment the first civilizations appeared until the 20th century. This article establishes a projection for the further development of state and law, including international law, alongside the inevitable transition of the world community to the digital money supply. The article reveals not only the vision of the new monetary system, its absolute transparency, and clarity but also the various opportunities we face in such a transition. In this regard, the states and the world community will come to clear and effective outcomes in management, to the practical abolition of corruption and economic crime, to legal methods of conducting all competitions and public procurement, to fair and effective justice, and the establishment of highly moral relations in society.


Author(s):  
A A Uraniyan

This article examines the role of Russia in the international anti-terrorism cooperation. The author analyzes Russian anti-terrorist activities since the war in Chechnya in 1990s till nowadays. The article notes that the state performs regularly with useful profile initiatives on the world arena and operates within the framework of the international law in the decision making process and during the operations. Particular attention is paid to the events that occurred in 2015, when Russia began a struggle against terrorism in Syria, becoming the only state that carries out anti-terrorist actions according to the official handling of the legitimate president of Syria: the author evaluates the data of events and makes forecast on the development of the situation in the foreseeable future.


1927 ◽  
Vol 21 (2) ◽  
pp. 238-256 ◽  
Author(s):  
Max Habicht

One of the most controversial rules of private international law is the exception of public order, the rule not to enforce foreign laws which are contrary to the fundamental conceptions of the law of the state having jurisdiction. There is no country in which this exception has not played an important rôle in the refusal to enforce foreign laws, and numerous writers have discussed the importance and difficulties of the exception of public order. Its problems had been thoroughly studied before the World War by many authorities on private international law, among others by Bustamante, Fiore, Kahn, Klein and Pillet, without a uniform solution having been reached. When, after the war, the states began to reestablish their international relations, the exception of public order began anew to play its rôle in the courts the world over, and to put the same difficulties before the judges dealing with cases of conflict between domestic and foreign laws.


2019 ◽  
Vol 68 (3) ◽  
pp. 539-571 ◽  
Author(s):  
Philippa Webb ◽  
Rosana Garciandia

AbstractInternational law prohibits slavery and slavery-like practices under treaties that have been in force for more than a century. Yet, contemporary forms of slavery are one of the prevailing challenges for the international community, with 40.3 million people in modern slavery on any given day in 2016. The State has been largely overlooked as a perpetrator or accomplice in the global movement to eradicate modern slavery. The hand of the State can however be found in contemporary cases of modern slavery. This article identifies five scenarios of State involvement in modern slavery and aims to uncover and bridge the responsibility gap.


1914 ◽  
Vol 8 (1) ◽  
pp. 73-80
Author(s):  
Nelson Gammans

“The only government of this country, which other nations recognize or treat with, is the Government of the Union; and the only American flag known throughout the world is the flag of the United States.” The Government of the Union, as the only internationally recognized agent of the state, bears the responsibility for any violations of the rights which it owes to aliens, whether these rights are the result of treaty obligations or of international law.


2001 ◽  
Vol 16 (4) ◽  
pp. 184-191 ◽  
Author(s):  
Alessandro Loretti ◽  
Xavier Leus ◽  
Bart Van Holsteijn

AbstractFor millions of people world-wide, surviving the pressure of extreme events is the predominant objective in daily existence. The distinction between natural and human-induced disasters is becoming more and more blurred. Some countries have known only armed conflict for the last 25 years, and their number is increasing. Recently, humanitarian sources reported 24 ongoing emergencies, each of them involving at least 300,000 people “requiring international assistance to avoid malnutrition or death”. All together, including the countries still only at risk and those emerging from armed conflicts, 73 countries, i.e., almost 1.8 trillion people, were undergoing differing degrees of instability.Instability must be envisioned as a spectrum extending between “Utopia” and “Chaos”. As emergencies bring forward extreme challenges to human life, medical and public health ethics make it imperative for the World Health Organisation (WHO) to be involved. As such, WHO must enhance its presence and effectiveness in its capacity as a universally accepted advocate for public health. Furthermore, as crises become more enmeshed with the legitimacy of the State, and armed conflicts become more directed against countries' social capital, they impinge more on WHO's work, and WHO must reconcile its unique responsibility in the health sector, the humanitarian imperative and the mandate to assist its primary constituents.Health can be viewed as a bridge to peace. The Organization specifically has recognised that disasters can and do affect the achievement of health and health system objectives. Within WHO, the Department of Emergency and Humanitarian Action (EHA) is the instrument for intervention in such situations. The scope of EHA is defined in terms of humanitarian action, emergency preparedness, national capacity building, and advocacy for humanitarian ^principles. The WHO's role is changing from ensuring a two-way flow of information on new scientific developments in public health in the ideal all-stable, all-equitable, well-resourced state, to dealing with sheer survival when the state is shattered or is part of the problem. The WHO poses itself the explicit goals to reduce avoidable loss of life, burden of disease and disability in emergencies and post-crisis transitions, and to ensure that the Humanitarian Health Assistance is in-line with international standards and local priorities and does not compromise future health development. A planning tree is presented.The World Health Organization must improve its own performance. This requires three key pre-conditions: 1) presence, 2) surge capacity, and 3) institutional support, knowledge, and competencies. Thus, in order to be effective, WHO's presence and surge capacity in emergencies must integrate the institutional knowledge, the competencies, and the managerial set-up of the Organization.


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