scholarly journals Description of the legal basis for the protection of labor rights of migrants

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 549-560
Author(s):  
Serhii Kozin ◽  
Tetiana Tatarova ◽  
Taisiia Korzh-Ikaieva ◽  
Olena Sokurenko ◽  
Vitalii Maltsev
Keyword(s):  
International Law ◽  
Social Relations ◽  
Legal Framework ◽  
Labor Rights ◽  
Legal Basis ◽  
Alternative Definition ◽  
Labour Rights ◽  
Legal Method ◽  
International Importance ◽  
Practical Implications

The objective of the article under analysis is the legal framework for the protection of migrants' labour rights, identifying a specific range of category-related regulations and their main provisions. The theme of the study is the analysis of the legal basis for the protection of migrants' labour rights. The research methodology includes and agreed on the following general and special and legal methods: dialectical, logical, systematic, and legal, normative, and canine, comparative and legal and legal method. The results of the study are identified by key regulations, including documents of international importance and the Ukrainian legal system, whose rules are dedicated to the regulation of social relations arising in the labour field of migrants. In terms of its practical implications, based on scientists' analyses, the focus is on the meaning of the term "migrant". An alternative definition is proposed. Finally, attention is paid to the declaratory nature of international law in the field of the protection of the labour rights of migrants and is part of the importance of acts of national law in regulating this matter.

EUNAVFOR OPERATION ATALANTA OFF SOMALIA: THE EU IN UNCHARTERED LEGAL WATERS?

2015 ◽  
Vol 64 (3) ◽  
pp. 533-568 ◽  
Author(s):  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
Careful Analysis ◽  
Legal Framework ◽  
European Law ◽  
The European Union ◽  
Legal Basis ◽  
Extensive Discussion ◽  
Operation Atalanta ◽  
Somali Coast ◽  
The Eu

AbstractEUNAVFOR Operation Atalanta has been the first maritime operation of the European Union and it has certainly been successful given the significant decrease of pirate attacks off the Somali coast. However, various issues have been raised concerning its legal basis under international law and its legal framework, including questions of responsibility. These issues are particularly interesting since the EU has a more integrated legal order than other organizations involved in such operations (eg UN, NATO). The present article attempts to address these issues against the background of international and European law. Even though the legal basis of the Operation is clear from a European law perspective, there have been certain misconceptions concerning the legal basis of the Operation under international law. The delineation of the Operation's legal framework requires a careful analysis of the rules applicable to each of its phases and of its addressees, since each phase is subject to different rules which are binding on different actors. Finally, there is an extensive discussion of questions of responsibility, which were heavily influenced by the applicable Rules of Engagement and of the actual conduct of the Operation. The conclusion is that, at least on the high seas, responsibility should primarily rest with the flag States rather than with the EU. However, in most cases the EU is indirectly responsible for violations of international law, except in cases where suspected pirates are transferred to third States pursuant to EU agreements with such States, in which case it bears primarily responsibility.

The Legal Basis for Bilateral and Multilateral Police Deployments

2011 ◽  
Vol 15 (1-2) ◽  
pp. 7-38 ◽  
Author(s):  
James Watson ◽  
Mark Fitzpatrick ◽  
James Ellis
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Legal Framework ◽  
State Law ◽  
Legal Basis ◽  
The Rule Of Law ◽  
Host State ◽  
Legal Regimes ◽  
Domestic Law

This paper recognises the complexity of the legal framework in which international police deployments take place. The personnel, and often the mission itself, are subject to a number of different legal regimes: international law, host State law and sending State law. After briefly discussing the nature and purpose of overseas police deployments, the paper identifies the legal regimes applicable to such deployments and discusses the significance of international and domestic law to police deployments. Ultimately, this paper argues that compliance with all applicable legal regimes is essential to ensure the rule of law on overseas police deployments.

scholarly journals CHILD'S HEALTH CARE: LEGAL FRAMEWORK AND ONGOING CHALLENGES

2020 ◽  
Vol 73 (12) ◽  
pp. 2789-2794
Author(s):  
Oleksandr V. Petryshyn ◽  
Marianna I. Liubchenko ◽  
Oleksii O. Liubchenko
Keyword(s):  
Health Care ◽  
Human Rights ◽  
International Law ◽  
Well Being ◽  
Children's Rights ◽  
Legal Framework ◽  
Private Life ◽  
Children’S Rights ◽  
Dialectical Approach ◽  
Legal Method

The aim: Is to analyze the development of the modern legal framework for child's health care, to clarify the benefits of a human rights-based approach, which is now is mainstreaming for understanding the right of children to health and means of its protection. Materials and methods: To achieve this goal, as well as taking into account the specifics of the topic, the following research methods became relevant: the application of a dialectical approach and historical method made it possible to understand the patterns of formation and development of ideas of children's rights and health within the international community and national states; formal-legal method was used when studying legal texts (international law acts, both of universal and regional level, interpretation and clarification of human rights treaty bodies, expert reports and research, case law), and comparative-legal was used to compare different approaches on health protection in various international human rights mechanisms (US Supreme Court, Council of Europe). Conclusions: Today, perceptions of children's rights at the doctrinal and jurisprudential levels are quite developed due to a broad understanding and openness to progressive interpretation. In particular, the inclusion into the legal context such determinants as the inviolability of the dignity and private life of the child, proper understanding of the stages of adulthood, and an assessment of the child's developmental environment has made modern international law and national legal systems to become more viable in sense of protection of child's well-being in today's world.

scholarly journals The right to a fair trial: conceptual rethinking in an era of quarantine restrictions

2021 ◽  
Vol 10 (38) ◽  
pp. 168-177
Author(s):  
Boris Perezhniak ◽  
Dariia Balobanova ◽  
Liliia Timofieieva ◽  
Olena Tavlui ◽  
Yuliia Poliuk
Keyword(s):  
International Law ◽  
Social Relations ◽  
Common Law ◽  
Fair Trial ◽  
Legal Method ◽  
The Social ◽  
Cybernetic Method ◽  
The Subject ◽  
The Right

One of the most important places among the universally recognized rights is the right to a fair trial. The essence of this right is that any violated right can be restored through a particular procedure. In the absence of an effective method for the protection of rights and interests, the rights and freedoms recognized and enshrined in law are only declarative provisions. Given the significant role of the right to a fair trial and changes in its provision under quarantine restrictions, it is necessary to analyze the content of this right, highlight principal requirements and problematic aspects of implementation given the current conditions of social relations. The purpose of the work is to analyze the content of the right to a fair trial. The subject of the study is the social relations that arise, change, and terminate during the exercise of the right to a fair trial. The research methodology includes such methods as a statistical-mathematical method, method of social-legal experiment, cybernetic method, comparative-legal method, formal-legal method, logical-legal method, and method of alternatives. The study will analyze the content of the right to a fair trial as international law and national law, its impact and interaction with the national legal system of Ukraine, which includes theoretical, applied, and common law aspects and conceptual rethinking in an era of quarantine restrictions.

At the Edge of the Empire: Mapping the Law of Hong Kong’s Paradiplomacy

2020 ◽  
Vol 15 (3) ◽  
pp. 211-251
Author(s):  
Jason Ho Ching Cheung
Keyword(s):  
Hong Kong ◽  
International Law ◽  
Legal Framework ◽  
Legal Basis ◽  
International Organisations ◽  
Substantial Impact ◽  
External Relations ◽  
Political Turmoil ◽  
Constitutional Regime ◽  
The City

Summary Hong Kong lacks sovereignty but possesses unique quasi-state external relations powers. This special feature enables it not only to inherit former paradiplomatic ties from its British predecessor, but also to develop a plethora of external relations. During the course of the present political turmoil and friction with Beijing, it has struggled to develop external relations with foreign states, subnational entities and international organisations. While paradiplomacy concerning quasi-states is no longer a neglected subject, and Hong Kong’s role as a prominent autonomous financial hub notwithstanding, few studies have examined the paradiplomacy of the city. This article analyses the constitutional regime and underexplored legal topics of Hong Kong’s paradiplomacy, including the legal basis and framework for such. It argues that Hong Kong can lay a solid legal framework for paradiplomacy and its paradiplomatic powers should be more widely recognised because of its potential to yield substantial impact on international law and relations.

scholarly journals Labor is free or freedom of labor? Russia and international law

2021 ◽  
pp. 87-95
Author(s):  
Elena Yur'evna Eseva
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Soviet Period ◽  
Legal Research ◽  
Scientific Methods ◽  
Legal Method ◽  
Foreign Countries ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

This article explores the problem of exercising the constitutional guarantee of the freedom of labor. Analysis is conducted on the current Russian legislation in comparison with the legislation of the Soviet period in the area of regulation of questions of the freedom of labor. Functionality of the institution of the freedom of labor is viewed on the practice of Russian reality and its compliance with the norms of international law. The questions of the freedom of labor are also examined in a number of foreign countries. The author reveals the flaws in the Russian legal framework on the subject matter, and makes recommendations for amending the current legislation. Research methodology leans on the comparative-legal method, as well as such general scientific methods as historical, linguistic and others. The scientific novelty of this article is defined by the absence within the domestic legal science of comprehensive legal research of the entirety of problems related to constitutional guarantee of the freedom of labor. An attempt is made to carry out a comparative study of the international normative regulation of relations in the area of the freedom of work with the norms established in the Constitution of the Russian Federation.

Consular law and consular protection of citizens and legal entities in modern times and their legal basis

2020 ◽  
Vol 10 (1) ◽  
pp. 60-65
Author(s):  
Alexander Ryazantsev
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Legal Basis ◽  
Public International Law ◽  
Modern Times ◽  
National Significance ◽  
Sphere Of Influence ◽  
The 19Th Century ◽  
North And South America ◽  
North And South

The necessity of writing this article is conditioned by the active development of consular law, which, as part of international law, evolves directly under the influence of world political and economic processes. At the beginning of the twentieth century, an impressive number of consulates operated in Europe, North and South America, Asia, the middle East, and partly in Africa.The legal acts regulating the consular sphere of influence, concluded in Russia in the 19th century, had not only national significance, but also international significance. All adopted conventions, treatises, agreements and charters were elements that form the system of public international law as a whole.With the formation of a new state in the former Russian Empire, it became necessary to adopt a new legal framework regulating consular activities.

scholarly journals Circular law as a legal basis for a circular economy

2021 ◽  
Vol 915 (1) ◽  
pp. 012022
Author(s):  
O V Mikichurova ◽  
I V Vlialko
Keyword(s):  
International Law ◽  
Financial Institutions ◽  
Social Relations ◽  
Subject Matter ◽  
Circular Economy ◽  
Legal Basis ◽  
International Financial Institutions ◽  
Legal Norms ◽  
Circular Law ◽  
Further Development

Abstract The article is devoted to the study of the legal basis for the development of the circular economy, clarifying the essence of the concept of circular law, and analysis of international and national legal acts in this area. Research has shown humanity’s awareness of modern global threats and its gradual movement from the traditional to circular economic model. The legal basis for such a transition lies in circular law, which is a set of legal norms that define and regulate social relations in the field of circular economy. The article explores legal acts in the field of circular economy at the universal, regional and national levels across the globe. The main purpose of the article is to analyze the legal basis for the development of the circular economy. International law is currently being enriched with a number of new legal acts devoted to this subject matter. This may indicate the emergence of a new branch of international law – a circular law. An increased attention of international financial institutions towards financing of circular projects stipulates the further development and spread of the circular concept.

scholarly journals Artistic Factor in Modern-Day Urban Planning and Design in Lithuania

2017 ◽  
Vol 13 (1) ◽  
pp. 24-31
Author(s):  
Dalia Dijokienė ◽  
Agnė Vėtė
Keyword(s):  
Urban Planning ◽  
Urban Design ◽  
Legal Framework ◽  
Two Dimensional ◽  
Legal Basis ◽  
Planning And Design ◽  
Urban Planning And Design ◽  
Practical Implications

Abstract The issue of city modelling is very essential these days and it is important to analyse the legal framework and its practical implications in the process of city modelling. However, the practice of urban design in Lithuania is based on two-dimensional solutions and the artistic factor is overlooked. The article reviews the legal basis of Lithuanian urban planning and design and their practical implications and emphasizes the necessity of artistic factor during the process of city modelling.

International legal framework for combating cybercrime

2021 ◽  
Vol 65 (04) ◽  
pp. 223-227
Author(s):  
Ильгар Имдат оглу Гасанов ◽  
Keyword(s):  
International Law ◽  
Information And Communication Technologies ◽  
Criminal Policy ◽  
Communication Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
Legal Basis ◽  
Information And Communication ◽  
The Republic ◽  
Effective Models

The article examines the relevance of cybercrime, their types and possible ways of their fulfillment, the peculiarities of cybercrime, as well as the international legal basis for the fight against this evil. Cyberspace crime is one of the most difficult problems that the international community has faced in recent years with the development of information and communication technologies. International coorperation in the fight against cybercrime is carried out in several directions and involves, first of all, the creation of regulations and the development of general recommendations, as well as the implementation of effective models of organizational interaction between states. Key words: cyberspace, cybercrime, international law, transnational crimes, Coucil of Europe, UN, Criminal Code of the Republic of Azerbaijan, criminal policy

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