Draft Articles Research Articles

Proses Pengembangan Kurikulum

The curriculum is one component and guideline that facilitates the implementation of education in achieving its objectives. The curriculum becomes an important component in education, because it regulates all educational processes from planning to evaluation. The curriculum development process is a step to develop a curriculum, it can also be interpreted as steps to produce a curriculum or perfect an existing curriculum. In curriculum development there are supporting factors and inhibitors that influence. This study discusses the curriculum development process, the stages of curriculum development, and the supporting factors of inhibiting funds in the curriculum development process. The method used in this draft article is library research, by examining some literature on curriculum development. How can you know the curriculum development process that is being carried out to develop the curriculum.

Some Thoughts on the Director's Right to Information

以公司法第193條之1增訂之討論為契機，本文以德拉瓦州法為對象，思考我國董事資訊權之若干問題，認為董事資訊權乃輔助董事執行職務所需，係附隨於受託義務而生。然此並非意味董事得恣意請求公司提供資訊，毋寧仍有若干限制。再者，由是否明文增訂董事資訊權之討論，可見我國對於董事定位，以及其所謂監督權之內涵為何等議題上，仍未有共識，致對於董事資訊權產生若干誤解；關於董事資訊之分享範圍，以及如何提供該權利行使之有效救濟途徑等，則付之闕如。本文嘗試就此等問題進行若干思考，提出若干意見。 By use of the discussion in connection with the addition of the draft Article 193-1 of the Company Act, this article considers and analyzes the issues with respect to the director's information right by reference to the Delaware law, arguing that such right is to assist the director to perform his/her duty, so it is the right ancillary to the director's fiduciary duty. However, recognizing the director has the information right does not mean the director could arbitrarily request any information he/she wants. Rather, such right is with limitation. Besides, the discussion whether to explicitly provide director information right reveals that the community in Taiwan does not have consensus on certain fundamental issues, such as the role a director play, the meaning and scope of the director's supervision right, etc., that lead to misunderstanding to the director's information right; furthermore, the discussion regarding the scope of the director's information sharing and the remedial measures available are absent. This article considers the above issues to fill the vacuum.

Some Thoughts on the Director's Right to Information

以公司法第193條之1增訂之討論為契機，本文以德拉瓦州法為對象，思考我國董事資訊權之若干問題，認為董事資訊權乃輔助董事執行職務所需，係附隨於受託義務而生。然此並非意味董事得恣意請求公司提供資訊，毋寧仍有若干限制。再者，由是否明文增訂董事資訊權之討論，可見我國對於董事定位，以及其所謂監督權之內涵為何等議題上，仍未有共識，致對於董事資訊權產生若干誤解；關於董事資訊之分享範圍，以及如何提供該權利行使之有效救濟途徑等，則付之闕如。本文嘗試就此等問題進行若干思考，提出若干意見。 By use of the discussion in connection with the addition of the draft Article 193-1 of the Company Act, this article considers and analyzes the issues with respect to the director's information right by reference to the Delaware law, arguing that such right is to assist the director to perform his/her duty, so it is the right ancillary to the director's fiduciary duty. However, recognizing the director has the information right does not mean the director could arbitrarily request any information he/she wants. Rather, such right is with limitation. Besides, the discussion whether to explicitly provide director information right reveals that the community in Taiwan does not have consensus on certain fundamental issues, such as the role a director play, the meaning and scope of the director's supervision right, etc., that lead to misunderstanding to the director's information right; furthermore, the discussion regarding the scope of the director's information sharing and the remedial measures available are absent. This article considers the above issues to fill the vacuum.

VULNERABILITY AND THE INTERNATIONAL LAW COMMISSION'S DRAFT ARTICLES ON THE PROTECTION OF PERSONS IN THE EVENT OF DISASTERS

AbstractThis article ponders the possibilities existing for legal re-understandings of vulnerability and adopts the International Law Commission's Draft Articles on the Protection of Persons in the Event of Disasters (2016) as its principal discursive context. Despite some promise and potential, the draft Articles retreated to conservative understandings of disaster-vulnerability and missed an opportunity for a sophisticated formulation. This article argues for disaster law's engagement with contemporary social science research. The work of critical geographers, historians and anthropologists in political ecology is particularly apposite. By rejecting geophysical outlooks in favour of structuralist understandings of disaster-vulnerability, such research facilitates consideration of interrelated histories and the role of economics in producing disaster-vulnerability. This article argues that such perspectives allow for reconsideration of current legal understandings regarding disaster-vulnerability (particularly in relation to international cooperation and risk and reduction) and thereby offer some promise for enriching disaster law's comprehensiveness and relevance.

International water law for transboundary aquifers –a global perspective

Today two global conventions, the Convention on the law of the non-navigational uses of international watercourses (1997) and the Convention on the protection and use of transboundary watercourses and international lakes are part of the available international legal framework for managing transboundary water resources. In addition to these two instruments, a specific text exists for transboundary aquifers: the Draft articles on the law of transboundary aquifers, annexed to two UN General Assembly resolutions on the topic. These three instruments apply to transboundary aquifers in different ways with differences in their scope, and numerous similarities in their principles. This paper will present the rules of international water law, as they apply to transboundary aquifers following from these instruments, with a specific focus on the draft articles.

The evolving framework for transboundary cooperation in the Nubian Sandstone Aquifer System

ABSTRACTThe focus of this paper is the Nubian Sandstone Aquifer System, shared by Egypt, Chad, Sudan and Libya, and the agreements and other instruments of cooperation in place among the four countries. These combined instruments bear witness to an evolutionary pattern of cooperation, centred on procedural norms and on a joint institution. In the author’s opinion, the four countries should strive to attain a more mature level of cooperation covering substantive norms and the settlement of disputes. The author recommends the UN Draft Articles on the Law of Transboundary Aquifers (2008) as a basis for such an agreement.

Religious Freedom and the Limits of Propagation: Conversion in the Constituent Assembly of India

In discussions about religious freedom in India, the country’s conflict regarding conversion plays a central role. The Constitution’s freedom of religion clause, Article 25, grants the right “freely to profess, practise and propagate religion,” but this has generated a dispute about the meaning of the right ‘to propagate’ and its relation to the freedom to convert. The recognition of this right is said to be the result of a key debate in the Constituent Assembly of India. To find out which ideas and arguments gave shape to this debate and the resulting religious freedom clause, we turn to the Assembly’s deliberations and come to a surprising conclusion: indeed, there was disagreement about conversion among the Assembly members, but this never took the form of a debate. Instead, there was a disconnect between the member’s concerns, objections, and comments concerning the draft article on the one hand, and the Assembly’s decision about the religious freedom clause on the other. If a key ‘debate’ took this form, what then could the ongoing dispute concerning conversion in India be about? We first examine some recent historiographical accounts of the Indian conflicts about conversion and proselytization. Then we develop a hypothesis that aims to make sense of this enduring conflict by identifying a blindness at its core: people reasoning against the background of Indian traditions see ‘propagation of religion’ as the human dissemination of tradition; this is incompatible with a religious conception where conversion and propagation of faith are seen in terms of God’s intervention. These two ways of seeing ‘propagation’ generate two conflicting experiences of the Indian dispute about religious freedom and conversion.

Embracing technology

British Journal of Cardiac NursingVol. 14, No. 3 EditorialEmbracing technologyAysha MendesAysha MendesEditorSearch for more papers by this authorAysha MendesPublished Online:2 Mar 2019https://doi.org/10.12968/bjca.2019.14.3.109AboutSectionsView articleView Full TextPDF/EPUB ToolsAdd to favoritesDownload CitationsTrack CitationsPermissions ShareShare onFacebookTwitterLinked InEmail View article References Shahab L, Goniewicz ML, Blount BC et al.. Nicotine, carcinogen, and toxin exposure in long-term e-cigarette and nicotine replacement therapy users: a crosssectional study. Ann Intern Med. 2017; 166(6):390-400. https://doi.org/10.7326/M16-1107 Crossref, Google ScholarSohal SS, Eapen MS, Naidu VGM, Sharma P. IQOS exposure impairs human airway cell homeostasis: direct comparison with traditional and e-cigarette. ERJ Open Res. 2019; 5(1):00159-2018. https://doi.org/10.1183/23120541.00159-2018 https://tinyurl.com/y94bf4ac (accessed 16 January 2019) Crossref, Google Scholar FiguresReferencesRelatedDetailsCited byFrom Theory to Practice: Exploring the Relevance of the Draft Articles on the Responsibility of International Organizations (DARIO)—The Responsibility of the WTO and the UN6 March 2019 | German Law Journal, Vol. 13, No. 5 2 March 2019Volume 14Issue 3ISSN (online): 2052-2207 Metrics History Published online 2 March 2019 Published in print 2 March 2019 Information© MA Healthcare LimitedPDF download

The Crimes Against Humanity Convention, (Overlooked) African Lessons, and the Delicate Dance of Immunity

Abstract In a foreword to a special issue of this Journal on the proposed Crimes Against Humanity Convention (CAHC), important questions were raised, including whether such a convention is truly needed, whether such a convention is politically feasible and whether any provisions in the draft articles should be modified. In this piece, the author considers the questions raised, and poses answers from an African and realist perspective, having litigated some of the international criminal justice cases before South African courts. The author contends that the drafters of the Convention would do well to take meaningful account of the domestication of international criminal justice, and the lessons to be learned from national systems that have found themselves at the forefront of the very debates that have animated the drafters of the CAHC, and the Rome Statute before it. If those lessons are to be taken seriously — including the lessons generated by African states and their courts — then the draft Convention might well be improved and some of its most animating provisions sharpened.

Reparations for Mass Torts Involving the United Nations

In recent years, UN peacekeepers have been accused of several mass torts causing significant injury to host populations. Using the International Law Commission’s Draft Articles on the Responsibility of International Organizations as a backdrop, this article charts the efforts taken by host populations to seek reparation for the harms they suffered and the responses of the UN to arguments about their institutional liability and the consequential obligations to afford reparation. The author argues that the misapplication of the lex specialis principle has been central to the UN’s avoidance strategies.

Anniversary Commemoration and Work of the International Law Commission's Seventieth Session

This essay analyzes the outcome of the seventieth session of the U.N. International Law Commission held in the summer of 2018 in New York and Geneva. Notably, the Commission completed on second reading two topics: subsequent agreements and subsequent practice in relation to the interpretation of treaties; and identification of customary international law. The Commission completed on first reading two further topics: protection of the atmosphere; and provisional application of treaties. Progress was also made in developing draft conclusions on peremptory norms of general international law (jus cogens), draft principles on protection of the environment in relation to armed conflict, and draft articles on succession of states in respect of state responsibility. The Commission commenced a debate but otherwise did not make progress with respect to its topic on the immunity of state officials from foreign criminal jurisdiction. The Commission, however, added a new topic to its agenda on general principles of law, and added two new topics to its long-term work program, namely on universal criminal jurisdiction and sea-level rise in relation to international law. The Commission did not work on a topic that completed its first reading in 2017 and that, after receiving reactions from governments and others, will likely undergo its second reading in 2019: crimes against humanity.

Foundations of the self-defense of international intergovernmental organizations

The article is devoted to the study of one of the grounds for exemption from responsibility of international intergovernmental organizations - self-defense. It is provided by Art. 21 Draft articles on the Responsibility of international organizations, adopted by the UN International Law Commission in 2011. The wording of the norm significantly differs from the relevant provision providing a similar right to sovereign states. In particular, it states that “The wrongfulness of an act of an international organization is precluded if and to the extent that the act constitutes a lawful measure of self-defence under international law”. It does not have a direct reference to the United Nations Charter, which is contained in Art. 21 Draft Articles on the Responsibility of the States in 2001. Currently there are no international agreements that envisage the right to self-defense of international organizations. Consequently, the basis for its application can be only an international law custom. Defining it is a complex scientific issue. Present analysis is based on the legal nature of international organizations. It is pointed out that, unlike sovereign states, they do not have their own territory, which in the vast majority of cases is the main purpose of military attacks by aggressor countries. Consequently, the grounds for applying the right to self-defense of international organizations are quite limited. They are mainly related to the negative circumstances in which police and peacekeeping units operate acting on the mandate of the relevant international organization and on its behalf. In other cases, international organizations are protected by agreements with the states on its territory their headquarters are located, where the guarantees of their safety and integrity are expressly provided. It is pointed out that it is highly likely that some of new means of direct and indirect intervention that are already being used to interfere in internal and external affairs of states will probably be applied to international organizations in the future.

U POTRAZI ZA ZNAČENJEM STANDARDA EFEKTIVNE KONTROLE U MIROVNIM OPERACIJAMA POD OKRILJEM UN-a

The subject of this paper is the analysis of the work done by the International Law Commission on the codification of international organizations responsibility for internationally wrongful acts, which resulted in the adoption of the Draft Articles on the Responsibility of International Organizations in 2011. The author focuses on Article 7 of the Draft, which prescribes prerequisites for the attribution of conduct in situations when the states place their bodies at the disposal of an international organization for peacekeeping operations. The analysis of relevant decisions of the European Court of Human Rights as well as of the courts of the Netherlands, Belgium and the United Kingdom points to the key problems that these courts faced while considering the attribution of violations of international law committed in peacekeeping operations – insufficient clarity of Article 7 regarding the attribution, different interpretation of the term ‘placed at the disposal’ of another international organization, lack of the definition of the ‘effective control’ standard, which is, according to the Draft prescribed as the criterion for the attribution of conduct, and consequently, the arbitrary application of control standards. The author warns that the lack of uniform jurisprudence as well as the mentioned shortcomings of the Draft Articles of the Responsibility of International Organizations cause legal uncertainty and reduce the possibilities for the victims of internationally wrongful acts to obtain adequate legal protection. In conclusion, the author proposes the application of the effective control standard as a well-established test in the context of attribution of conduct, explains the key elements of the content and the meaning of the standard, proposes guidelines for its correct application and points to the significance of the dual (multiple) attribution both to States and international organizations.

The international law commission’s recent work on exceptions to immunity: Charting the course for a brave new world in international law?

AbstractIn the summer of 2017, the International Law Commission adopted a draft article on exceptions to immunity. The Draft Article adopted provides that immunityratione materiaedoes not apply with respect to certain international crimes, namely crimes against humanity, the crime of genocide, war crimes, the crime of apartheid, torture, and enforced disappearances. These exceptions do not apply to immunityratione personae. The Draft Article was adopted after a vote and was severely criticized by some members of the Commission. It has also received mixed reaction from states, with some supporting its content while others have opposed it. In the aftermath of the adoption of the Draft Article, there has also been academic commentary, some of which has been critical. The (main) criticism levelled against the Draft Article is that it does not represent existing law and has no basis in the practice of states. This article seeks to evaluate the criticism by considering whether there is any state practice in support of the Draft Article proposed by the Commission.

Crimes Against ‘Humaneness’?

It is generally recognized that the term ‘humaneness’, signifying compassion, kindness or mercy, is the least appropriate among several candidates in the English language for use with crimes against humanity. Yet, this term has been used by one of the official languages of the United Nations — Russian. Crimes against humanity has been translated as ‘crimes against humaneness’ — prestupleniya protiv chelovechnosti — in the Russian versions of statutes of international criminal tribunals and courts. This translation distorts the concept of crimes against humanity and diminishes the gravity of this group of crimes. This article analyses the circumstances leading to the appearance of this term in the Russian version of draft Article 6(c) of the Statute of the International Military Tribunal in Nuremberg. In addition, this article demonstrates that inconsistencies exist at Russian official translations of the notion which have resulted in interpretative confusions. The post-Nuremberg meaning of the term ‘humanity’ has evolved into ‘humankind’. It is suggested that the current drafting process by the International Law Commission on the proposed convention on crimes against humanity may assist states in the proper interpretation and translation of crimes against humanity into their national law.

Indonesian Language Learning and Teacher Innovation for Foreigners and Instructors for Foreign Language for Employees in Bali

The group of foreign language instructors and Indonesian language instructors for foreigners initially had problems in the fields of HR, legality, marketing and management. The implementation of the community partnership program (PKM) funded by the Ministry of Research and Technology's Research and Development Program aims to solve partner problems through entrepreneurship building. The method applied is in the form of knowledge transfer in the form of counseling, training, simulation and diffusion of science and technology about teaching methods, mentoring financial management and marketing and managing agency permits. The teaching method quality improvement program is carried out through workshops and workshops with the theme of teaching Indonesian and multimedia-based foreign languages. The resulting output is in the form of certificates and the quality of teaching increases. The problem of business management and enlargement has been solved through mentoring by management experts so that partners know the tips of building a small business. To build a language teaching business, the team helped partners manage the Business Course and Training (LKP) business license in a notary and operational permits in the Badung District Education Office. From the marketing aspect, the team has helped partner market course service products through the creation of signboards, business cards and websites with the domain www.gepbali.com . The implementation of all these activities has been running 70% while the draft article and seminar papers are still in draft form. This activity has had a positive impact on providing employment for language teachers and improving language skills for the community.

Extradition and Mutual Legal Assistance in the Draft Convention on Crimes Against Humanity

Working on crimes against humanity, the International Law Commission (ILC) has modelled its draft articles on extradition and mutual assistance on corresponding provisions of the United Nations Conventions against Corruption and Transnational Organized Crime. Nevertheless, some provisions are clearly adapted to the special nature of crimes against humanity. This article seeks to explore how the ILC has navigated between producing a flexible and general framework and adapting the system more specifically to the specificities of crimes against humanity. The ILC has been censured for easily transposing already existing regimes that were not designed for such specific contexts. On closer scrutiny, that criticism is not entirely justified. A comparison with the parallel provisions in the Statute of the International Criminal Court (ICC) reveals that the ILC’s provisions do not deviate much from the system as adopted by the ICC. This similarity may be indicative of the soundness of the ILC’s approach in construing a framework that may contribute to the improvement of interstate cooperation in the suppression of crimes against humanity.

Prevention of Crimes Against Humanity

Like the Genocide Convention, the draft articles on crimes against humanity are not confined to issues of punishment. They also, in the preamble and especially in article 4, impose an obligation of prevention. It is informed principally by the 2007 judgment of the International Court of Justice as well as be case law of international human rights tribunals. The obligation has an internal dimension, by which States must prevent crimes against humanity within their own jurisdiction. But it also has an external dimension that mandates international cooperation and even intervention which must necessarily be compatible with the Charter of the United Nations. The draft articles are not as robust as the Genocide Convention with respect to the inchoate crimes of incitement and conspiracy. The obligation of non-refoulement is also a dimension of the preventative role of the draft articles.

TRAFFICKING IN THE PERSPECTIVE OF ISLAMIC LAW AND THE DRAFT CRIMINAL CODE

Human trafficking is a crime that violates human rights. Especially for women and children that is easy and profitable to be exploited. In this modern era, it is still common crime of human trafficking are where the action is carried out in the form and a new mode increasingly manipulated and structured. Indonesian government itself participated in the eradication of this crime, which has been regulated in article 297 of the Penal Code and updated in the Draft Bill Draft Article 546 of the Criminal Code. This research aims to find out the crime of trafficking is in terms of Islamic law perspective and the perspective of the Penal Code Bill. Writing research use descriptive qual- itative type of method and a comparatif research-analysis that makes comparisons the crime of trafficking issues in the perspective of Islamic law and the draft Criminal Code. The results of this paper is the legal conformity of the crime of trafficking in the Draft Bill to the Islamic law in the prosecution and combating such crime. In order to become a reference in law enforcement transnational crime, combating and stopping crime is not humane.

Participation, Reparation, and Redress

This article considers primarily draft Article 12 of the ILC’s Draft Articles on Crimes Against Humanity, which address questions of victim participation and reparation, as well as the right to complain and the protection of complainants, witnesses, victims and others. In analysing the different aspects of draft Article 12, the authors outline ways in which its provisions could be strengthened. The authors note that, in several respects, draft Article 12 does not go far enough in articulating victims’ rights and leaves too much to be determined by States’ domestic law. In so doing, the text risks undermining certain rights recognized and protected under international law and may impede realization of some of the central objectives of the draft Articles (and thus the convention of which the draft Articles are intended to form the basis), including affording justice and eradicating impunity for crimes against humanity, harmonization of relevant laws and facilitating mutual cooperation. The authors also argue that the draft Articles as a whole would benefit from a more holistic vision of victims’ rights. The formulation of the draft Articles should reflect that past, current and future potential victims underlie the rationale for a convention on crimes against humanity. The authors hope that their reflections will prove useful to States and other actors, as they submit comments on the draft Articles prior to their finalization by the ILC in 2019.