Criteria Of Necessity Research Articles

Jus ad bellum series: self-defence against armed non-state actors in the MENA region

ABSTRACT This article marks the launch of the new ‘Jus ad bellum Series’ in the Journal on the Use of Force and International Law, designed to explore the evolving state practice in the jus ad bellum regime. This inaugural piece explores the evolving state practice in relation to self-defence against armed non-state actors (ANSAs), focusing specifically on the Middle East and North Africa (MENA) region. The article is structured into four key sections: first, the interpretation of Article 51 of the UN Charter; second, the contentious issue of anticipatory self-defence, focusing on how recent state practice has reshaped the concept of imminence in response to modern security threats; third, the criteria of necessity and proportionality; finally, the ‘unwilling or unable’ doctrine. The analysis of Article 51’s interpretation reveals significant variation in how states frame their self-defence claims, reflecting the complexity of applying traditional jus ad bellum rules to contemporary security threats.

Teacher Trainers’ and Curriculum Development Experts’ Perspectives on Information Technologies Curriculum in Teacher Education

This mixed-method study had two purposes: (1) to explore the appropriateness of the learning outcomes of information technologies (IT) course curriculum in teacher education programs based on the opinions of curriculum development experts and (2) to evaluate the opinions of the academics about the adequacy of this curriculum. Curriculum development experts (n = 5) evaluated the learning outcomes of the IT course curriculum followed by the education faculties of 25 universities in Türkiye in terms of their qualitative relevance. We also obtained the opinions of 10 academics in these faculties for the evaluation of the IT course curriculum. To collect data, we used the “Qualitative Eligibility Form for Learning Outcomes” and “Evaluation Form for IT Curriculum”. We employed descriptive statistics in the analysis of quantitative data while qualitative data were analysed using content analysis. The results showed that most of the learning outcomes in the IT course curriculum were not sufficient for the criteria of formal spelling conformity, necessity, and encouragement of higher-order thinking. The academics’ perspectives revealed that course sessions and practical learning activities in the IT curriculum were not sufficient. They suggested that emerging technologies such as artificial intelligence, Web 2.0/3.0 tools, robotics, coding, and augmented/virtual reality should be integrated into the curriculum. The implications for IT curriculum in teacher education programs and recommendations for future research were also discussed.

Application of Categorical Division to Classify Motivation For Insider Activities

Statement of the problem: identifying insider activities in organizations that lead to threats to information security, one of the first steps of which should be the study of the motivation that pushes employees to illegal actions. The purpose of the work is to synthesize the main classes of insider motivations; at the same time, the classes must cover all possible situations, and each of the classes must not overlap with others. Methods used: categorical division to identify classes and their practical justification. Novelty: in contrast to the existing motivations of insiders, the proposed classification meets the criteria of necessity and sufficiency, thereby being initially sufficiently consistent and covering all cases; Moreover, all classes are obtained theoretically using the strict logic of categorical division. Result: the use of categorical division identified 3 pairs of categories (Internal vs External, Physical vs Psycho-emotional, Benefit or good intentions vs Harm or malicious intent), which made it possible to form 8 unique classes of insider motivations based on their combinations. The existence of each class is confirmed by the presence of a corresponding publication. Theoretical relevance: a unified set of insider motivation classes was obtained that meets the criteria of necessity and sufficiency. Practical relevance: the resulting classes of insider motivations can be used to understand the reasons for such illegal activities and, therefore, to create effective ways to counteract them.

Proporcjonalność ograniczeń jawności postępowania sądowoadministracyjnego w epidemii – glosa do wyroku NSA z 22 kwietnia 2022 r., I OSK 2126/21

The commentary contains a criticism of the judgment of the Supreme Administrative Court, in which the problem of the constitutionality of limitations on the openness of administrative court proceedings in proceedings before the Provincial Administrative Court has been reduced to linking the statutory limitation with the constitutional value enabling such a limitation. The Supreme Administrative Court did not conduct a proportionality test. Carrying it out and taking into account the normative and factual context, would imply a statement that the restrictions at the time of issuing the challenged judgement of the Provincial Administrative Court were not even useful for a specific purpose. They also did not meet the criteria of necessity and proportionality in the strict sense.

La prisión preventiva ¿medida cautelar o pena anticipada? Una visión desde Ecuador

Preventive detention is conceptualized as a precautionary measure, to guarantee the immediacy of the accused person at the different stages of the criminal process; It constitutes a precautionary mechanism and not social control, as has been erroneously applied in recent years in Ecuador. This article intends to analyze the scope of preventive detention, its purpose, object and normative regulation. It is necessary to take into account that the legal duty of the prosecution and the jurisdictional function, to guarantee legal certainty under special compliance with the principle of motivation; establishes the study of preventive detention in adherence to criteria of necessity, proportionality and exceptionality, as a measure of last resort. To carry out this investigation, a mixed methodology is used, through inductive - deductive methods, which show the misapplication of preventive detention in the Ecuadorian procedural system; where, in most cases, preventive detention has been established as an instrument to anticipate sentence, and not procedural precaution, distorting the true object of this extreme measure, violating the principle of innocence and the right to freedom of the prisoner accused.

Autonomous Weapons and the Right to Self-Defence

AbstractThis article focuses on the application of autonomous weapons (AWs) in defensive systems and, consequently, assesses the conditions of the legality of employing such weapons from the perspective of the right to self-defence. How far may humans exert control over AWs? Are there any legal constraints in using AWs for the purpose of self-defence? How does their use fit into the traditional criteria of self-defence? The article claims that there are no legal grounds to exclude AWs in advance from being employed to exercise the right to self-defence. In general, the legality of their use depends on how they were pre-programmed by humans and whether they were activated under proper circumstances. The article is divided into three parts. The first discusses how human control over AWs affects the legality of their use. Secondly, the article analyses the criteria of necessity and proportionality during the exercise of the right to self-defence in the context of the employment of AWs. Finally, the use of AWs for anticipatory, pre-emptive or preventive self-defence is investigated.

Tinker, Tailor, Soldier, Informer: Revisiting the Ethics of Espionage in the Context of Insurgencies and New Wars

AbstractThis essay starts by accepting Cécile Fabre's argument in her book Spying through a Glass Darkly that intelligence work, including using incentives and pressures to encourage betrayal and treason, can be morally justified based on the criteria of necessity, effectiveness, and proportionality. However, while assessments of spying tend to be based on Cold War notions, I explore it here in the messier reality of counterinsurgency, counterterrorism, and “new wars.” In addition, I suggest a methodological expansion: adding a sociological perspective to the ethical discussion by exploring the wider effects on society, over longer periods, of the operation of informers. Based on these shifts in perspective and context, I identify additional social harms generated by espionage that should lead to a more restrictive view of ethical espionage than the one emerging from Fabre's work. I argue that many of these social harms are created by the mass recruitment of informers, in asymmetrical conflicts where governments have leverage over suspected communities, and given the (often mistaken) belief that everyone recruited to act as informer is an “asset,” primarily providing advantages. I argue, therefore, that the decisive issue is one of scale: many of the ethical problems created by espionage in these contexts result from the widespread systematic recruitment of informers, while small-scale, targeted, ad-hoc recruitment can more easily avoid such problems.

LA PROTECCIÓN CONSTITUCIONAL DEL TELETRABAJADOR Y EL CONFLICTO CON LOS DERECHOS FUNDAMENTALES EN ESPAÑA

Objective: The increase in teleworking due to the COVID-19 pandemic has led to a paradigm shift in the world of work, highlighting the need to carry out an analysis of the rights of the teleworker, since said employment relationship is not regulated in an appropriate manner complete. The current Law 10/2021 offers a balanced regulation of rights and obligations of teleworking, although article 13 of the SW maintains many legal gaps regarding remote work. Methodology: The real protection of the teleworker in Spain will be analyzed, from the point of view of judicial, constitutional and scientific doctrine, the conjugation of the fundamental rights of the teleworker with the power of surveillance and control of the employer, to understand the study of the different points of view regarding the existing regulation and jurisprudence. Results: New technologies have facilitated the organization of tasks within the framework of labor relations, as well as a much more efficient development and execution of productive activity. However, they have also helped to expand the vigilance that the employer has with respect to its workers, with the disciplinary consequences that this may entail, as the different jurisdictional bodies have been delimiting through the weighting of the legal assets at stake. Contribution: The inviolability of the home, the right to privacy of the teleworker and their communications, or the confrontation of rights between the worker and the employer constitute the main new challenges, in which any measure must comply with the provisions of the regulations, in the regulations of collective agreements and under the criteria of suitability, necessity and proportionality.

The Influencer Republic: Monetizing Political Speech on Social Media

AbstractThis paper addresses the specific challenges arising from the monetization of political speech on social media, and propose a normative argument to extend consumer disclosures to political speech. Political speech enjoys the highest degree of protection by national constitutions as well as supranational and international charters. Unlike commercial speech which usuallyenjoy less constitutional protection, political speech is the foundation of constitutional democracies. The blurring line between political and commercial speech introduces a new layer of complexity in tackling hidden political advertising. Indeed, political speech is likely to attract commercial speech inside a broader scope of protection with the result that potential limitations of this kind of speech would be required to pass a very strict test through the balance with other constitutional safeguards or legitimate interests according to the criteria of necessity, legitimacy and proportionality. This could also question the scope of other regulation designed to govern commercial speech like advertising. To this end, the paper compares regulatory and judicial interpretations adopted in Europe and the United States, and is structured as follows. In the first part, we explore the content monetization business models (including influencer marketing) used on social media, and we identify three types of influencer ‘personas’ who are prone to engage in political speech. The second part looks into the constitutional differences between commercial and political speech across the Atlantic. The third part provides the normative argument at the intersection between consumer law and freedom of expression, and the fourth part concludes.

Incidental Jurisdiction in International Adjudication and Incidental Determinations by International Organizations

International courts and tribunals have developed two criteria for the exercise of incidental jurisdiction: necessity and ancillarity. Yet the question of whether to make an incidental determination is not unique to the adjudicatory context. International organizations sometimes confront it as well. And their practice in dealing with this question suggests that the criteria of necessity and ancillarity alone are insufficient for assessing whether an incidental determination should be made.

Divergent thinking of students: categorical and conceptual analysis

Pedagogical aspects of the formation of the interdisciplinary category “divergent thinking” are considered. The purpose of the study is to construct the definition of “divergent thinking of university students” on the basis of the essential and specific characteristics of the named phenomenon, taking into account the criteria of necessity and sufficiency. To achieve a goal, the following methods were used: content analysis of scientific literature, methods of categorical-system methodology: “Two-level triadic decoding of categories”, “Formal-logical method of determining the concept”. The essential characteristics and nature of divergent thinking are identified and described, a two-level triadic model of this category is developed. On the basis of the named model, the definition of the concept of “divergent thinking” is constructed, which, in comparison with other definitions found in the literature, most fully and holistically reflects its key essential characteristics. As a result of the application of the formal-logical method, the definition of “divergent thinking of university students” has been developed, which allows interpreting the named concept and its manifestations from the point of view of personal and creative development of students in the conditions of the educational process of the university. The obtained theoretical results of the analysis of the formation of the category “divergent thinking of students” can be used in the development of technology for the formation and development of this type of thinking of students in the educational process of the university.

Development and validation of process indicators of the quality of nursing care for the elderly

Introduction: Quality indicators are important for service management. However, in primary care, there is a shortage of indicators specifically regarding the elderly population. Objective: To build and validate process indicators of the quality of nursing care for the elderly. Methods: This is a methodological research, and the steps are based on proposals from the National Database of Nursing Quality Indicators and the Agency for Healthcare Research and Quality. The indicators were evaluated according to the criteria of face validity, terminology, necessity, content validity, reliability, viability, utility, and usability. Nine nurses participated in the expert panel, including professionals who provided primary care assistance, researchers in the area of health care for the elderly, and members of Brazilian health-related organizations. The Adequacy Method developed by Research and Development at the University of California Los Angeles was used. Data were analyzed using the median, Content Validity Index, and Kappa. Results: Twenty-two indicators were validated. All measures were considered appropriate, with content validity, and reached an agreement on terminology and necessity. Of the 22 indicators, only four were considered unavailable and impractical to collect. Thirteen indicators were not considered useful for determining the reception of financial incentives. In the assessment of usability to compare public reports, six indicators had relatively low scores. Conclusion: Indicators can contribute to monitoring the quality of care for the elderly, identifying opportunities for improvement in actions performed by nurses in primary care.

On engagement and distance in social analysis: a reply to my critics

AbstractThe problem of ‘distance and engagement’ highlights the Weberian paradox that objectivity in the social sciences cannot be based on demonstrative proof; it has to take into account values as the constituents of our ‘interests’. Values should be explicit even if this ‘perspectivity’ cannot satisfy the criteria of necessity and universality. Allegedly, my skeptical approach to ‘social theory’ leaves researchers with insufficient ‘hope’, but one also learns from understanding that something is impossible or conceptually flawed. Moreover, deeper issues of analyzing social action, with existential and moral dimensions, should be considered. These involve our cognitive capacities, experiences, and emotions.

Transação tributária e extrafiscalidade: uma abordagem à luz do controle de proporcionalidade

Este artigo realiza uma breve reflexão acerca dos programas de transação tributária desenvolvidos no Brasil, à luz do controle de proporcionalidade. Para tanto, serão analisados o instituto previsto no artigo 171 do Código Tri-butário Nacional (CTN) e o contexto histórico em que ele se encontra inserido, para, posteriormente, confrontá-lo com o princípio da igualdade, a fim de demonstrar que a proporcionalida-de pode ser utilizada como um critério legítimo para o controle de políticas públicas indutoras de comportamento dos contribuintes, notada-mente, a partir do preenchimento dos critérios da adequação, da necessidade e da proporciona-lidade em sentido estrito.

Under which conditions are changes in the treatment of people under involuntary commitment justified during the COVID-19 pandemic? An ethical evaluation of current developments in Germany

The COVID-19 pandemic poses significant challenges in psychiatric hospitals, particularly in the context of the treatment of people under involuntary commitment. The question arises at various points in the procedure for and process of involuntary commitment whether procedural modifications or further restrictive measures are necessary to minimise the spread of COVID-19 and protect all people involved from infection.In the light of current developments in Germany, this article examines under which conditions changes in the treatment of people under involuntary commitment are ethically justified in view of the COVID-19 pandemic. Among others, we discuss ethical arguments for and against involuntary commitments with reference to COVID-19, the use of different coercive interventions, the introduction of video hearings, an increased use of video surveillance and interventions based on the German Infection Protection Act.We argue that strict hygiene concepts, the provision of sufficient personal protective equipment and frequent testing for COVID-19 should be the central strategies to ensure the best possible protection against infection. Any further restrictions of the liberty of people under involuntary commitment require a sound ethical justification based on the criteria of suitability, necessity and proportionality. A strict compliance with these criteria and the continued oversight by external and independent control mechanisms are important to prevent ethically unjustified restrictions and discrimination against people with the diagnosis of a mental disorder during the COVID-19 pandemic.

Forecasting and Strategic Goal-Setting Mechanisms of Social-Economic Development of the Russian Federation

In this article, the authors carried out the analysis of principle implementation and application efficiency of strategic forecasting and strategic goal-setting mechanisms in the field of social-economic development. According to the authority distribution in the state management system, we propose to optimize the set of basic documents of strategic planning. Taking into account the criteria of necessity and sufficiency, as well as the existing mechanisms of state management, the scope of regulation, purpose and functional tasks of strategic planning documents at the federal and sectoral levels are specified.

Protection of the Right to Respect for Private Life of Judges: Positions of the European Court of Human Rights

Introduction. Judges are required to observe certain rules of conduct, some of which can be considered as interference in the sphere of private life. Because of this, the issues of defining the boundaries of the judge’s private life and the possibility of violating them are very relevant. The European Court of Human Rights has a certain practice of protecting the right to respect for private life in relation to judges. This article is devoted to its research. Theoretical Basis. Methods. When writing the article, the authors studied scientific works on the problems of judicial ethics, standards of behavior of public servants, protection of the right to respect for private and family life, and the relationship between private life and public service. The main attention is paid to the practice of the European Court of Human Rights in the context of protecting the private life of judges. Results. The understanding of the private life of a judge based on the practice of the European Court of Human Rights is studied. The approaches applied to the assessment of such violations are considered. The criteria for the permissibility of state interference in the right to respect the private life of a judge are studied. Discussion and Conclusion. In accordance with the practice of the European Court of Human Rights, the sphere of a judge’s private life is interpreted broadly, including professional activities. To identify interference in the private life of a judge, it is important to analyze his behavior in terms of the requirements imposed on him, the consequences of interference for himself or his close circle. A key role in assessing the permissibility of interference, taking into account the criteria of legality, legitimate purpose, and necessity in a democratic society, should be assigned to establishing a fair balance of public and private interests.

Los fundamentos de posibilidad de una educación política desde la perspectiva kantiana

El artículo presenta algunos de los fundamentos de posibilidad de una educación política desde el corpus kantiano. Para esto, tiene como objetivos 1) interpretar lo que entiende Kant por educación y su relación con la virtud a través del concepto de carácter de índole moral; 2) analizar la relación del carácter con el republicanismo; y 3) comprender la manera como se vincula esta forma de gobierno con el juicio estético. Lo anterior, se realizó con base en el enfoque interpretativo y el método del análisis textual. Se encuentran como resultados, que la formación del carácter de índole moral resulta crucial para una educación política basada en la teoría del filósofo de Königsberg, además se prueba, mediante los criterios de objetividad, universalidad y necesidad, que el republicanismo es la mejor forma de gobierno para el carácter moral y por último, se enuncian aquellos fundamentos de posibilidad de una educación política, primero desde una perspectiva antropológica, segundo, desde un plano metafísico y tercero, desde el fortalecimiento del juicio estético. Se concluye que, el republicanismo es posible, esperable y necesario, ya que es el más acorde con el último fin de la educación, el de la formación del carácter de índole moral.

Endoscopic Techniques in the Treatment of Inguinal Hernias

The review is devoted to the treatment methods of inguinal hernia. Inguinal hernia repair is one of the most common operations in the world and is performed on more than 20 million patients per year. Recurrence rates of inguinal hernias after different types of surgical interventions range from 10 to 15%. The use of synthetic materials reduced the rates of hernia recurrence on average to 1-5%. Currently there are traditional tissue-based techniques, open tension-free mesh hernia repair, and laparoscopic mesh hernioplasty. Nowadays tension-free repair with synthetic mesh is a technique of choice for inguinal hernia repair. The emphasis has been placed on endoscopic methods of inguinal hernia prosthetic repair. According to the literature, laparoscopic repair is associated with low rates of wound infection and fewer haematomas, which leads to early resumption of everyday activities compared with Lichtenstein hernia repair. The paper discusses two standardized endoscopic methods for inguinal hernia treatment, namely laparoscopic transabdominal preperitoneal patch (TAPP) and total extraperitoneal (TEP) repair. Analysis of the literature has shown that criteria of necessity and method of mesh fixation during TAPP procedure were not completely identified. However, a number of researches have demonstrated that TAPP technique without mesh fixation proved to be a safe procedure which can be used in most patients with unilateral and bilateral inguinal hernia showing no increase in postoperative complications and low recurrence rates.

The ethics of United Nations sanctions on North Korea: effectiveness, necessity and proportionality

ABSTRACTIf the legal foundation and political consensus underpinning United Nations resolutions suggests that North Korea's denuclearization can be understood as a just cause, were the means used by the United Nations also just? This essay draws on jus in bello analogies to analyze UN sanctions via standard ethical criteria of effectiveness, necessity and proportionality. It shows that UN sanctions did not fulfill the effectiveness criterion as they were never likely to result in the denuclearization of North Korea. The necessity condition was strained as the alternative instrument of diplomacy was not utilized in a sustained manner. Expanded sanctions from 2016 did not distinguish between the military and civilian economies. Stringent energy sanctions introduced in 2017 contributed significantly to a precipitous fall in agricultural production in 2018 such that the country could no longer feed about a third of the 25 million population. Post-2016 UN sanctions did not meet the proportionality criterion as they jeopardized the food security of millions of innocents. The DPRK government has primary responsibility for the welfare of its citizens but this assumption does not abrogate the responsibilities of others. Broad UN sanctions on the DPRK are neither effective nor proportionate and are, therefore, unethical.