Suchergebnisse

International audience ; In the EEZ, the supposed freedom of states to conduct military activities encounters the rights and duties of coastal states regarding conservation of marine resources and environmental preservation. This article focuses on the relationship between these two specific but not always compatible interests and asks: how should they be combined? Could international environmental law rules be interpreted as a limitation to the conduct of military activities in the EEZ? What are the concrete obligations of states to fulfil their environmental duties, and how far are they compatible with the conduct of other activities? The 'due diligence' obligation to protect the marine environment is interpreted as going further than the 'due regard' standard enshrined in Articles 56 and 58 of the LOSC. Accordingly, this article assumes that it is a positive obligation, implying specific consequences, such as the conduct of environmental impact assessments when the activity risks causing damage. Keywords exclusive economic zone (EEZ)-protection of the marine environment-military activities-pollution-due diligence obligation-1X

The concept of external governance tries to define the expanding scope of EU rules beyond EU borders. This article presents the theoretical foundations of the concept, differentiating the various institutional modes according to which external governance may take place. Due to the financial and economic crisis the European Union is forced to strengthen its competitiveness opposite to cohesion. In the second part of the study I present the five mechanisms by which the European Union may foster its position in the global competition. The five mechanisms are as follows: extension of the political space of the EU, expansion of the regulation mechanisms of the EU, active coaching of international organisations, territorial extension of the EU's influence, division of the costs of globalization. After that I deal with the different forms of economic patriotism. Economic patriotism plays crucial role in maintaining the performance and strengthening the position of some preferred domestic industries, 'national champions'. Tools of economic patriotism differ due to ideological affinities.

AbstractThis study aims to determine the role of the Judicial Commission in supervising judges. The authority of the Judicial Commission in overseeing the behavior of judges in the context of upholding honor and dignity as well as maintaining the behavior of judges and also the position and implementation of the supervisory function for judges in order to realize an independent judicial function to uphold law and justice for all Indonesian people. In addition, so that each judge can behave properly and fairly in dealing with a clean judiciary and in accordance with what has been regulated in the legislation. The research method used is normative juridical, namely research that focuses on studying the application of a norm or rule of law. The results showed that the Judicial Commission is an independent judicial body, where the Judicial Commission has the authority to supervise judges and maintain and uphold the honor, nobleness, and behavior of judges. Community elements can also be involved in monitoring, so that politicization of Supreme Court judges can be reduced.Keywords: Oversight, Judicial Commission, Judge

Foreign direct investment (FDI) plays an important role in the economic growth of Vietnam, contributing to nearly 22 per cent of the GDP. To attract FDI the government has committed to promoting investment climate and ensuring FDI protection under various international arrangements. FDI inflows into the manufacturing and processing sectors have seen a strong increase after Vietnam's successful accession to the WTO. However, FDI also contributes to various environmental problems and challenges in Vietnam. From 2008 to 2017, most serious environmental disputes related to manufacturing activities were caused by FDI enterprises. The sanctions against FDI enterprises, however, may jeopardise the state's responsibilities under investment protection treaties. One of the few realistic approaches to strengthening the environmental management of FDI is to promote the participation of the public in the environmental risk assessment and amend the investment treaties to regulate the issue of environment management. This study will adopt an integrative approach by integrating the rules and principles of environmental management into the FDI regime of Vietnam.

The impact of the protection of fundamental rights is a factor of increasing importance for the interpretation of EU private international law. In matters of parental responsibility, the application of the rules on jurisdictional competence contained in the Regulation (EC) 2201/2003 can have a significant bearing on the rights of the child protected by Art. 24 of the Charter of Fundamental Rights of the European Union. The judgment of the Court of Justice in UD (judgment of 17 October 2018, case C-393/18 PPU) dealt with a case concerning the notion of habitual residence ofthe child, that plays a central role under the mentioned Regulation and that is related to the principle of the best interests of the child, as often remarked by the Court itself. The Court refused to provide a broad interpretation of the notion, even in a situation where the protection of fundamental rights was at stake, while highlighting the fact that the existing methods and techniques of private international law may already serve that purpose.

This study explores factors that influence condom use decision-making of adolescents from two schools in the Western Cape, South Africa. Thematic analysis was used to analyse the data generated from 16 individual semi-structured interviews. When exploring the factors that influence adolescent's condom use decision-making, sexual debut and the role that emotion plays in the decision-making process were frequently discussed. The themes which emerged for sexual debut included relationships were about displaying true love which was equated with having sex and respecting parents' expectations and rules informing decisions not to have sex at this age. When exploring the themes which emerged for condom use decision-making, the adolescents spoke about their concerns for the future and organising their lives. In addition, anticipated fear about falling pregnant, becoming parents and being infected with a disease emerged when exploring adolescent condom use decision-making. Understanding adolescent condom use can assist in aligning sexual and reproductive health (SRH) interventions and supporting healthy SRH decision-making and healthy relationships for adolescents.

This study aims to find out and analyze how criminal law protection for victims of online businesses. This study uses a juridical normative law research with secondary legal materials, namely analyzing the study of legislation and cases. The results of the research that the authors get are that criminal legal protection against victims of online business crime in accordance with existing laws and regulations should guarantee the existence of victims' rights from online businesses. The rights that must be obtained by online business victims are contained in Law Number 31 Year 2014 concerning Amendments to Law Number 13 Year 2006 concerning Witness and Victim Protection and Law Number 11 Year 2008 Information and Electronic Transactions (ITE ) That the rights that have been guaranteed have not run optimally are carried out because the rules governing the protection of consumers of online businesses have not been detailed in a Legislation and do not provide space for victims to obtain criminal legal protection

The inevitable War is a historic and actual preoccupation that will never end. Thought time many famous writers described the concept till our days about nuclear War. I reproduce a selection of Authors and texts for a reflection on this issue. John Locke's thought: "The state of War is a state of enmity and destruction. Being reasonable and just, may I have the right to destroy what threatens to kill me, for, by the fundamental law of nature, the man should be preserved as much as possible when all cannot be kept, security should be preferred. And a man who comes to make War can be destroyed or an enemy found in our existence, for the same reason that a wolf or a lion can be killed because such men are not subject to the common law of cause; it is the rule other than force and violence. It can thus be treated as ferocious animals, dangerous and harmful creatures that will surely destroy us whenever we fall into their hands. ".

International audience ; In the EEZ, the supposed freedom of states to conduct military activities encounters the rights and duties of coastal states regarding conservation of marine resources and environmental preservation. This article focuses on the relationship between these two specific but not always compatible interests and asks: how should they be combined? Could international environmental law rules be interpreted as a limitation to the conduct of military activities in the EEZ? What are the concrete obligations of states to fulfil their environmental duties, and how far are they compatible with the conduct of other activities? The 'due diligence' obligation to protect the marine environment is interpreted as going further than the 'due regard' standard enshrined in Articles 56 and 58 of the LOSC. Accordingly, this article assumes that it is a positive obligation, implying specific consequences, such as the conduct of environmental impact assessments when the activity risks causing damage. Keywords exclusive economic zone (EEZ)-protection of the marine environment-military activities-pollution-due diligence obligation-1X

Increased pressure on communal fishing grounds is testing the traditional regulations among fishing communities who should preserve inland waters' productive capacity and ecological values. Inland lakes in Benin are a typical case in point. With the mounting number of fisherfolk and pollution from densely populated urban areas the threat of overfishing and water degradation looms large. This paper questions whether customary rules of fishing communities can cope with current and future challenges. A survey among 839 fisherfolk found that agreements to control shared waters are virtually absent and remain unmonitored while mistrust and loss of faith in community members and government institutions result in low levels of organization. It is alarming to note the high incidence of conflicts that end violently, the prevailing food insecurity and a high illiteracy rate limiting employment to low-paid wage labour. Solutions to identified constraints go beyond the individual, requiring collective action and a platform where fishing communities can take matters into their own hands to avert a tragedy of the inland waters.

This article contributes to the discussion about China's divisive influence on the Association of Southeast Asian Nations (ASEAN). It argues that recent China–ASEAN relations are based on Beijing's successful implementation of a dual strategy of coercion and inducement. The effectiveness of this strategy is tested against the South China Sea disputes – the issue that lies in the core of regional security and a key platform of power display. The article outlines Beijing's recent interaction with individual ASEAN member-states and its implications for the regional multilateral diplomacy. While by no means identical, Beijing's dual strategy of coercion and inducement with individual ASEAN states have resulted in an effective abuse of the ASEAN consensus principle – a tactic often referred to as 'divide and rule'. Consequently, the group's internal discord has further eroded and affected the institutional confidence of ASEAN. This article draws attention to the psychological effect of coercion as a perception of punishment, and inducement as a perception of reward.

Whether we look at constitutions of states or founding treaties of International Organisations (IO), it is striking that many rules on interaction between delegates create room for deliberation, whilst simultaneously limiting the time for discussion. While the latter speeds up decision making, it risks reducing its quality and legitimacy by hampering the exchange and contestation of information and ideas. How are these competing elements balanced in IOs? Do IOs differ in this respect, and if so, how and why? The article draws on a unique and novel dataset and assesses variation in the extent to which institutional design fosters or inhibits diplomatic deliberation in more than 110 diverse IOs. To this end, the article uses a combination of theories of functionalism, rational choice institutionalism and liberal approaches on variation, fit, and mismatch of deliberative institutional design within and across IOs. The hypotheses are analysed with quantitative methods. The article shows that diplomatic deliberative institutional design elements are the most pronounced when IOs are small in size, deal in high politics, and are regional in character.

This paper applies the statistical concepts of σ-convergence and unconditional β-convergence to institutional development within several country groups hierarchized to the degree of European integration (e.g., euro area). Two sets of indicators are employed to measure institutional development: first, the Worldwide Governance Indicators, and second, the product market regulation indicator of the OECD and the Doing Business distance to frontier indicator of the World Bank. The authors can clearly confirm institutional β-convergence within the EU and its aspirants, which is mainly driven by the new Member States and acceding, candidate, and potential candidate countries. However, euro-area countries converge only in the area of product market and business regulation-not in the area of governance. In fact, the authors show evidence for β-divergence in rule of law within the first twelve euro-area members. Concerning σ-convergence, the results are less clear. Only the EU including the EU-aspirants reduced the cross-country variance in all aspects of institutional development.

There are considerable studies regarding the contribution of international migrants' remittances to economic growth while there is a lack of studies which investigate the effect of remittances on shadow economy. The authors explore empirically the effect of remittances and its interaction effect with tax on shadow economy by using panel data covering the period 2004-2015 and applying the GMM method for 141 countries. Their empirical model, in which a remittance-recipient government, operating in tax environment of some regimes (imposition of different levels and kinds of taxes), predicts a negative effect of remittances on shadow economy, is mitigated by a higher tax regime. In other words, the paper argues that a well-established negative correlation between remittances and shadow economy has been weakened by tax rule. The study contributes to the current literature on public policy that gives importance to know the causes of shadow economy and boost remittances effect. The authors' baseline results are robust to various computations of macroeconomics variables, institutions variables and freedom variables.

This Article responds to Samuel Moyn's critique of judicial review and his endorsement of judicial modesty as an alternative. By invoking the countermajoritarian difficulty, Moyn argues that judicial overreach has become an unwelcome global phenomenon that should be reexamined and curbed. I reject Moyn's claim that this kind of judicial modesty should define the role of courts for all time. By applying the countermajoritarian difficulty beyond its United States origins, Moyn assumes it is an unproblematic baseline against which to measure the role of courts globally. Moyn's vision says nothing about when it would be appropriate for courts to rule against legislative majorities. This view of judicial modesty is defied in constitutions such as those of South Africa and Kenya, which explicitly provide for their manner of interpretation and empower courts to "develop" the law. In the often revolutionary conditions of new African democracies, the functions expected of judicial review have a significant role both in constituting the new order as well as in disabling the continuation of the old order.