scholarly journals The Role of Law in Corporate Accountability

2020 ◽  
Vol 4 (2) ◽  
pp. 100-109
Author(s):  
Stuart Kirsch
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
State Policy ◽  
Corporate Accountability ◽  
Special Issue ◽  
The World ◽  
The Law

This special issue addresses the role of law in corporate accountability. Case studies reference people affected by asbestos in Italy, a coal company anticipating closure in Colombia, and both activists and human rights lawyers concerned with the impacts of mining in Ecuador. The afterword considers the significance of temporality in the law, including limits on retrospective claims and efforts to expand the prospective reach of both the law and state policy. It describes the perspectival character of the law in which the forum determines how the underlying facts are seen. It examines how responsibility, against a backdrop of distributed agency, is conceptualized by shortening or expanding chains of liability. It also points to the need for stronger connections between the anthropology of suffering and the discipline’s ethical turn. Finally, it suggests that the legal claims discussed here are aspirational in the sense of describing how the world ought to be.

scholarly journals A CHALLENGING ROLE OF INDIAN JUDICIARY AT CYBER SPACE TO CURB CYBER CRIME AGAINST WOMEN

2021 ◽  
Vol 4 (2) ◽  
pp. 41-49
Keyword(s):  
Human Rights ◽  
Vital Role ◽  
Cyber Crime ◽  
Digital Revolution ◽  
Patriarchal Society ◽  
The World ◽  
Cyber Space ◽  
The Law ◽  
Women In India

The world has entered into a new millennium, but from the dawn of civilization till date, the woman of the patriarchal society of India continues to be oppressed and ill-treated.2 Crime against women have been increasing in all fields. In the era of digital revolution women are not safe at cyber space. In India cybercrime against women have been rapidly increasing in spite of special legislations to protecting women netizen. Judiciary played a vital role in the implementation of the law and its constitutional role to protecting the human rights as per the legislation. The most important duty of the court is to protect human rights, and to give relief to the victim.3The main object of this paper is to analyse the role of Judiciary at cyber space to curb the cybercrime against women in India. This paper is commence with cyber crime’s definition and brief view about that. It also focus on kinds of cybercrime against women in India and brief view on cyber legislation.

scholarly journals سبق الإسلام تأريخيًا وتفوقه في إرساء حقوق الإنسان (دراسة مقارنة بين التشريع الإسلامي والنظم الوضعية)

2017 ◽  
Vol 19 (1) ◽  
pp. 115
Author(s):  
Yousif Abdallah Mustafa Abdalrazeq
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Analytic Approach ◽  
Obvious Advantage ◽  
Positive Law ◽  
The World ◽  
History Of ◽  
The Law ◽  
Islamic Civilization

<p>هذه دراسة تدور محاورها حول التشريع الإسلامي والنظم الوضعية. هدفت الدراسة إلى إبراز دور الإسلام التأريخي في إرساء حقوق الإنسان، انتهجت الدراسة المنهج الاستقرائي التحليلي، وتناولت الدراسة الموضوع بالبحث والتحليل معتمدةً في ذلك على التشريع الإسلامي وما جاءت به الحضارة الإسلامية التي سادت العالم، ذلك بأن التشريع الإسلامي إلهي المصدر وصالح لكل زمان ومكان، على عكس النظم الوضعية التي تتحدث عن قضية الساعة، وقد استشهدت الدراسة بمجموعة من أقوال رجال النظم الوضعية مقارنة في موضوع البحث التي ظهر من خلالها تفوق التشريع الإسلامي بصورة واضحة نالت إعجاب واعتراف كثير من العلماء والمفكرين في العالم.</p><p>This study covers Islamic law and positive law, which aims to show the role of Islam in the history of establishing human rights. It employs inductive analytic approach. Hence, it mainly refers to the law of Islam (Islamic tasyri') and what is brought by Islamic civilization leading the world. It is due to the fact that Islamic tasyri’ comes from Allah and is worth of all time and place. On the contrary, the positive law made by man deals with the problems related to time and conditions. This study is supported by legal experts to compare both laws. The finding shows the obvious advantage of Islamic tasyri' rather than other regulation or positive law. Its overwhelming advantage is also confirmed by world legal experts</p>

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

The Role of Music and Allied Arts in Public Writings on Cultural Diversity: “People of Sri Lanka”

2020 ◽  
Vol 6 ◽  
pp. 93-100
Author(s):  
Gisa Jähnichen
Keyword(s):  
Sri Lanka ◽  
Cultural Diversity ◽  
South Asia ◽  
Case Studies ◽  
Sri Lankan ◽  
Culturally Different ◽  
The World ◽  
Official Languages ◽  
The Way

The Sri Lankan Ministry of National Coexistence, Dialogue, and Official Languages published the work “People of Sri Lanka” in 2017. In this comprehensive publication, 21 invited Sri Lankan scholars introduced 19 different people’s groups to public readers in English, mainly targeted at a growing number of foreign visitors in need of understanding the cultural diversity Sri Lanka has to offer. This paper will observe the presentation of these different groups of people, the role music and allied arts play in this context. Considering the non-scholarly design of the publication, a discussion of the role of music and allied arts has to be supplemented through additional analyses based on sources mentioned by the 21 participating scholars and their fragmented application of available knowledge. In result, this paper might help improve the way facts about groups of people, the way of grouping people, and the way of presenting these groupings are displayed to the world beyond South Asia. This fieldwork and literature guided investigation should also lead to suggestions for ethical principles in teaching and presenting of culturally different music practices within Sri Lanka, thus adding an example for other case studies.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

A rationale for the legitimacy of the world legal order: Kant’s idea of a cosmopolitan will

2020 ◽  
Vol 9 (3) ◽  
pp. 523-530
Author(s):  
CLAUDIO CORRADETTI
Keyword(s):  
Human Rights ◽  
Legal Order ◽  
European Court ◽  
The World ◽  
Global Constitutionalism

AbstractIn this contribution I provide an interpretation of Stone Sweet’s and Ryan’s cosmopolitan legal order in conjunction with a certain reconstruction of the Kantian cosmopolitan rationale. Accordingly, I draw attention to the connection between the notion of a general (cosmopolitan) will in Kant’s reinterpretation of Rousseau and the role of the European Court of Human Rights (ECtHR) as an ‘interpreter’ of such will. I conclude by suggesting that the opportunity of extending the CLO also accounts for a variety of other poliarchical regimes that, taken as a whole, illustrate the landscapes of contemporary global constitutionalism.

The Role of Religious Force in the Wukan Incident

2013 ◽  
Vol 5 (1) ◽  
pp. 155-175 ◽  
Author(s):  
Hou Yuxin
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
The Political ◽  
The People ◽  
The World ◽  
History Of ◽  
The Media ◽  
Social Management ◽  
The Village

Abstract The Wukan Incident attracted extensive attention both in China and around the world, and has been interpreted from many different perspectives. In both the media and academia, the focus has very much been on the temporal level of the Incident. The political and legal dimensions, as well as the implications of the Incident in terms of human rights have all been pored over. However, what all of these discussions have overlooked is the role played by religious force during the Incident. The village of Wukan has a history of over four hundred years, and is deeply influenced by the religious beliefs of its people. Within both the system of religious beliefs and in everyday life in the village, the divine immortal Zhenxiu Xianweng and the religious rite of casting shengbei have a powerful influence. In times of peace, Xianweng and casting shengbei work to bestow good fortune, wealth and longevity on both the village itself, and the individuals who live there. During the Wukan Incident, they had a harmonizing influence, and helped to unify and protect the people. Looking at the specific roles played by religion throughout the Wukan Incident will not only enable us to develop a more meaningful understanding of the cultural nature and the complexity of the Incident itself, it will also enrich our understanding, on a divine level, of innovations in social management.

Corporate (Non-)Accountability and Human Rights

2018 ◽  
Vol 46 (4-5) ◽  
pp. 503-523
Author(s):  
Stéfanie Khoury
Keyword(s):  
Human Rights ◽  
Global Economy ◽  
Codes Of Conduct ◽  
Washington Consensus ◽  
Corporate Accountability ◽  
Criminal Courts ◽  
Race To The Bottom ◽  
Alternative Approach ◽  
Binding Mechanisms

Abstract The role of business in violations of human rights has been at the heart of international debates for decades. As early as the 1970s attempts were made at the UN by Global South nations (known as the G-77) to establish internationally-binding mechanisms to address corporate violations of human rights. Ultimately, those attempts were watered down into “codes of conduct”. In the early 1990s, the “Washington Consensus” was used to steer states to deregulate and restructure their economies in a race-to-the-bottom that placed emphasis upon integrating the global economy over human rights and environmental protections. Although corporate violations existed before, it was only at this juncture that many human rights cases were brought into public view. Some litigation was pursued, but it was most often in tort, and sometimes in criminal courts. This article argues that the existing regional human rights courts have bolstered corporate human rights, while at the same time have remained on the sidelines of addressing corporate accountability. The emergent ASEAN human rights system has not yet developed a human rights court. The article suggests that there are key grassroots movements shaping human rights discourses around corporate accountability through the region and that these offer exciting prospects for an alternative approach to addressing corporate accountability through a prospective supervisory mechanism.

scholarly journals PERTANGGUNGJAWABAN ADVOKAT SEBAGAI GATEKEEPER DALAM KAITANNYA DENGAN TINDAK PIDANA PENCUCIAN UANG

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 350
Author(s):  
Rendy Ardy Septia Yuristara
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Money Laundering ◽  
Legal Profession ◽  
The State ◽  
Professional Responsibilities ◽  
Basic Purpose ◽  
The Law

Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.

scholarly journals ADOLESCENTES EM CONFLITO COM A LEI E DIREITOS HUMANOS: desafios para implementação do Sinase

2014 ◽  
Vol 18 ◽  
pp. 369
Author(s):  
Aurora Amélia Brito de Miranda ◽  
Beatriz Gershenson Aguinsky ◽  
Cândida da Costa ◽  
Lisélen de Freitas Avila ◽  
Maria Jacinta Jovino Carneiro da Silva ◽  
...  
Keyword(s):  
Human Rights ◽  
Social Protection ◽  
Social Assistance ◽  
Intersectoral Collaboration ◽  
Care Policy ◽  
Brazilian Legislation ◽  
Recursos Humanos ◽  
The Law ◽  
Educational Care

O artigo trata das inovações da legislação brasileira na política de atendimento socioeducativo aos adolescentes em conflito com a lei (SINASE), destacando avanços e desafios. Examina o papel da proteção social especial da Política de Assistência Social e do SUAS na execução das medidas socioeducativas. Tem como referência a pesquisa do Estadodo Maranhão (UFMA), articulada ao Mapeamento Nacional do Atendimento Socioeducativo (SDH/PR/CONANDA) e as reflexões da equipe da PUCRS. Afirma diferentes questões a serem enfrentadas pelo atendimento socioeducativo, tais como: o reduzido número e a baixa qualificação dos recursos humanos; a incipiente articulação entre atores do Sistemade Garantia de Direitos; a ausência de intersetorialidade entre as políticas públicas e o reduzido financiamento para as medidas socioeducativas.Palavras-chave: Atendimento socioeducativo, direitos humanos, Política de Assistência Social, adolescentes.ADOLESCENTS IN CONFLICT WITH THE LAW AND HUMAN RIGHTS: challenges to SINASE implementation.Abstract: The article discusses the innovations of Brazilian legislation on social educational care policy to adolescents in conflict with the law (SINASE), highlighting advances and challenges. It examines the role of the special social protection of Social Assistance Policy and the SUAS in the execution of social educational measures. Taking as reference the researchof the State of Maranhão (UFMA), articulated to the national Mapping of Social Educational care (SDH /PR/CONANDA) and the reflections of the team of PUCRS. Different issues are affirmed to be faced by Social Educational care, such as: the reduced number and the low qualification of human resources; the incipient articulation between actors of the Systemof Guaranteed Rights; the absence of intersectoral collaboration among public policies and the reduced funding educative measures.Keywords: Social and educational care, human rights, Social Assistance Policy, adolescents.

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