Factual Considerations Research Articles

Inter-State Human Rights Disputes

Abstract This paper maps the factors that States consider when deciding whether to raise inter-State disputes to an international dispute resolution body. It focuses particularly on these factors in the context of human rights disputes, including whether such disputes will be brought before the mechanisms provided for under the universal human rights treaties, and notably conciliation commissions. While traditionally negotiation has been seen as the most appropriate way to resolve inter-State disputes, there are times that human rights disputes may benefit from a different approach. It discusses (i) the general trend to negotiate or mediate disputes; (ii) the importance of taking a contextual perspective; (iii) the patchwork of international norms; (iv) key legal and factual considerations; (v) choice of mechanism/process; and (vi) palatability of the potential dispute resolution options. The paper concludes by providing a roadmap for States deciding whether to commence an international dispute and which forum to choose.

THE RULE OF ATTRIBUTION FOR PEACEKEEPERS POST-DUTCH SUPREME COURT’S RULINGS ON MOTHERS OF SREBRENICA IN 2019: A DISCOURSE ON PRESUMPTIVE V. PREVENTIVE INTERPRETATION

Peacekeeping operations have become an integral component of the United Nations in promoting global peace and security. Yet, as demands increase to hold peacekeepers accountable for their misdeeds, the legal principle of attribution within the framework of the law of responsibility remains ambiguous and difficult to define. Hence, this study aims to contribute to the discourse on the attribution of the Peacekeepers' conduct, especially on the presumptive v. preventive interpretation of Article 7 Draft Articles on Responsibility of International Organizations. Under the presumptive interpretation, the peacekeeper’s action is presumed to be attributed to the UN; however, attribution can be rebutted if Troop Contributing States (TCS) exercise control over the peacekeepers. In contrast, preventive interpretation argues that attribution must be determined by which entity, TCS or the UN, has the power to prevent the alleged conduct. This study analyzed how the Dutch Supreme Court’s rulings in 2019 approached the question of attribution toward the Dutch Battalion during the mission of UNPROFOR. The Supreme Court found that the action of the Dutch Battalion was attributable to the Netherlands since the Netherlands fulfills the elements of effective control as governed under Article 8 ARSIWA. Moreover, the Supreme Court rejected the preventive interpretation earlier endorsed in the Nuhanovic case. This study employed a normative juridical approach. This study argues that the Court’s rulings on presumptive interpretation are aligned with the practices of the UN’s peacekeepers and the intended purpose of Article 7 DARIO, which emphasizes attribution on factual consideration.

The role of green logistics for environmental issues in city transport road ecology: A review

The city from the ecological point of view represents the difficult habitat of the human including natural and anthropogenous subsystems. The first is made by the atmosphere, a lithosphere, the hydrosphere, and the biosphere, and the following subsystems enter into the second: production, town planning, and infrastructure. The degree of environmental friendliness of the city depends on a ratio of natural and anthropogenous subsystems. Currently, many ways and methods are being used to use green logistics to solve environmental issues. There are factors that can help with this: fuel, infrastructure, the aerodynamics of cars, and technology. In this literature review, green logistics in city transport road ecology is summarized as one of the main types of sources for solving environmental issues. Investigating the city ecology by factual consideration includes townplanning ecology. The difference between town-planning ecology the engineering is that a subject of discipline is not the separate enterprise, but territorial complexes and systems of the occupied places. Thus, territorial and town-planning environmental management is studied. From these positions, the town-planning ecology is the key to the planning-technical subject. Methods of achievement of ecologically optimum compromise between anthropogenous systems of different levels and environments are investigated in it.

Exploratory Considerations in Chemistry Education—Didactic Modelling for Complexity in Students’ Discussions

Research has shown the importance of dealing with real-life issues and of enabling student encounters with complexity in chemistry education in order to increase student participation. Therefore, this study aims to analyse how complexity evolves in students’ discussions and how this complexity relates to aspects of tentativeness in chemistry. In the study, we analyse how a previously developed didactic model can be refined from the students’ considerations evolving from the present context. The study was conducted as an in situ study in one upper-secondary school. Students’ discussions were recorded on video. The recordings were transcribed and analysed using deliberative educational questions. Two different kinds of considerations emerged in the students’ discussions: factual and exploratory considerations. While factual considerations are an important element of chemistry education, students also need to encounter exploratory considerations. The study proposes a didactic model useful for teachers in didactic analysis and design of activities aiming to support students to unfold complexity through exploratory considerations. One implication is to base activities on real-life issues in order to invite the unpredictability needed for experiencing complexity and the exploratory nature of chemistry. These issues enable students to experience aspects of tentativeness in chemistry and thereby increase their understanding of NOS and chemistry as a knowledge building practice. Furthermore, this might also increase student participation in chemistry education.

The failing firm defence during and post-COVID-19: policy and the evidence required

Governments in developed countries have responded to the COVID-19 pandemic with an almost unprecedented level of government support, thereby preserving many firms and jobs. However, this government support will be progressively withdrawn, and coupled with recent, and expected further, increases in interest rates and the market impacts associated with changes in consumers’ and firms’ behaviour, there is likely to be restructuring in many sectors. This raises the public policy question as to the appropriate balance between government support facilitating and ameliorating this restructuring and the role played by merger control, including how the COVID-19 pandemic and its aftermath affects the application of the so-called ‘failing’ or ‘exiting’ firm defence or scenario under UK and EU merger control. To consider these questions, this article: addresses the policy considerations underpinning the failing firm defence under UK and EU merger control; describes the extensive government support and State aid provided in the UK in response to COVID-19 and the impact of COVID-19 on various sectors; and provides an overview of the evidence required for the ‘failing firm defence’, given these policy and factual considerations.

Analiz problemy pravovogo dualizma po resheniyu evrejskogo voprosa v ramkah zakonodatel'noj politiki Rossijskoj imperii v 1855—1881 gg.

The article analyzes the accumulated legislative experience in solving the Jewish problem up to 1880s. Relying on a serious array of legislative historical sources, the authors conclude that by regulating the life of the Russian Jews legally, the Russian Empire took steps towards their civil equality, although the Russian legislation on the Jews is complicated due to the fact that, affecting the most diverse spheres of public life, it did not meet the realities. This feature influenced public opinion and led to the differentiation of the society in the matters related to the integration of the Jewish people with the citizens of the Russian Empire. One of the key theses of this article is the factual consideration of restrictive legal measures that prevent the emancipation of the Jews.

Ukrainian artistic crafts within scientific writings of local researchers

The purpose of the article is to disseminate information on the formation, development, the genesis of art crafts in Ukraine and determining the status of the study of the scientific problem of leveling their meaning. The monographs presented, books, albums, articles noted the essence of technologies for performing products in decorative and applied arts, in which the features of the figurative structure of artistic works are subject to a comprehensive analysis of art historical directions. The methodology of the study is based on the factual, bibliographic, and topological consideration of materials, on the analysis of the art historical, historical, cultural nature used by the method of accumulating and systematization of factual material. Analytical, deductive, and inductive methods were also used, providing the possibility of summing up common outcomes based on the information received from the primary sources, archival documents, materials, memories of witnesses of events. The scientific novelty is to disclose the foundations of the scientific content of Ukrainian artistic classes based on the analysis of the origin, kinship, the development of phenomena denoted by the words "crafts" and "Industry". Analyzing the works of scientists about the creation of products of patterned textile artistic weaving, embroidery, carpets, wood threads, pottery, painting. We put the question of the emergence of the most well-known industries of traditional art crafts in Ukraine. Drawing attention to the fact that in the post-war years numerous mechanized factories, equipped with the production of domestic equipment, increased production of consumer goods, production took an active part in the district, regional and interregional social resources, the union was exhibited by artistic fields at exhibitions of state and international levels At the end of the twentieth century in the area of the local industry there is a decline. Many organizations affected art crafts during the NTR (scientific and technical revolution) and engineering growth. The Ministry of Local Industry was carried out to control numerous enterprises for the manufacture of works of art. Conclusions. Based on the results of the study of the source base and the study of archival materials, we can draw conclusions that in the analyzed publications of the authors, there is not enough attention to the industrial aspect, namely the activities of the production association, factories who worked with art crafts in Ukraine. Artists are mentioned by scientists, and there is no subject consideration of the case, there is confusion in the interpretation of key concepts. In our opinion, insufficient attention of researchers and scientists, this important topic is due to the lack of practical experience in production, knowledge of the industrial artistic association and demonstrates the low theoretical level of analysis in this important industry - art and production, namely production, creating artworks.

Covid-19 Through Brazilian Courts: The Deserving and the Undeserving Vulnerable

AbstractLooking into these times of neoconservatism in Brazil, marked by a far-right agenda and populism, this Article explores the role of vulnerability (as a legal theory, a legal principle or factual consideration) in the litigation prompted by the pandemic in Brazil. The usages of vulnerability as a form of resistance to the denial of their identity and vulnerable condition show that vulnerability can take different forms through litigants and may have an independent meaning to what is defined in legal theory or law. This is most evident by the fact that litigants dispute government policies based on ideologies that contest their identities (and not merely their vulnerability). Four case studies substantiate this Article with lawsuits brought to higher courts by judicially active groups: prisoners, indigenous people, Afro-Brazilian ethnic communities and gig economy drivers. They are what I call “undeserving vulnerables”, groups discriminated from a legally recognized vulnerable group through attacks to their identity.

Not Just Navigation: Thinking About the Movements of Maps in the Mobility and Humanities Field

ABSTRACT At a time characterized by the pervasive presence of – and enthusiasm for – maps in everyday life, interest in the cartographic humanities is growing among map scholars who approach cartography through a cultural lens. A mobility and humanities approach helps us move beyond the factual consideration of maps as mobile navigational devices that are used to move from one location to another. By considering mobility as a dense, elastic concept and adopting a humanistic perspective, I delineate a set of map mobilities emerging from the existing literature. A movement as process section focuses on post-representational, practice-based and historical approaches to mapping practices; a movement as elusiveness section focuses on material, more-than-human, surficial appreciations of cartographic objects; a movement as reimagination section focuses on theoretical, literary and art-based approaches to cartographic concepts. This focus on map mobilities illuminates the multiple theoretical and methodological possibilities of a renewed humanistic perspective in map studies.

The Influence of the Paris Agreement on Climate Litigation: Causation, Corporate Governance and Catalyst (Part II)

Abstract The Paris Agreement is the first universal climate change agreement requiring all parties to communicate ambitious greenhouse gas reduction targets to achieve a long-term global temperature goal. The Paris Agreement is a game-changer at the international level, but has it been at the national (and sub-national) level? What has been the influence of the Paris Agreement on litigation to improve mitigation of and adaptation to climate change? This question is addressed in two articles. Both articles seek to look at a familiar topic—the Paris Agreement and climate litigation—in new and fresh ways. This second article examines how the Paris Agreement is influencing fact-finding in administrative and judicial decision-making, transforming corporate governance to be better attuned to climate risk and contributing to a ripple effect in climate litigation. The article first considers how the Paris Agreement has altered the factual considerations of climate change by demonstrating global agreement on the causal link between anthropogenic greenhouse gas emissions and the catastrophic consequences of climate change. Secondly, it illustrates how the Paris Agreement is affecting legal responsibilities by focusing on the influence of the Paris Agreement on corporate directors’ duties. Thirdly, it notes the ripple effect of climate litigation, contributing to the continued development of climate law.

Infanticide as a Manifestation of Women’s Deviant Behavior in the Right-Bank Ukraine in the Late 19th–Early 20th Centuries (on the Materials of the Zhytomyr County Court)

This article analyses the subject and the motives of the crime against the life of a newborn baby on the Right-Bank Ukraine in the late 19th – early 20th centuries. The methodology of the infanticide study is based on general scientific principles of historicism, objectivity, consistency, and comprehensiveness. The principle of historicism has been applied to consider infanticide under the historical circumstances of the period and determine the prevalence of this phenomenon in modern Ukrainian society. The principle of objectivity has consisted in the analysis of court cases on infanticide to present reliable facts about this crime. The principle of consistency has aided in establishing the place of female infanticide in deviant behavior manifestations. The principle of comprehensiveness has served for a thorough analysis of the literary and document source base, factual consideration of all storylines of the issue under study. The adopted interdisciplinary approach has enabled to use research tools of other social sciences and humanities. The scientific novelty of the study lies in a comprehensive study of infanticide in the Right-Bank Ukraine at the end of the 19th – the beginning of the 20th century in terms of the subject and the motives of the crime carried out on the extensive source base. From the results of the study, the authors conclude that the subjects of infanticide were predominantly unmarried women in difficult living conditions. Children deprived of life were illegitimate. The primary motives behind the crime were hidden in the society’s attitude to extramarital affairs and illegitimate children. Violation of unwritten norms caused women’s condemnation by the community and close relatives, which resulted in their marginalization. There were passive and active ways of murdering a child. A newborn could die because of a mother’s inactivity or active actions aimed to deprive a child of life.

Can Antitrust Enforcement Improve Privacy Protection? Privacy as a Parameter of Competition in Merger Reviews

This Article describes how merger reviews under current competition law are able to treat privacy as a dimension of competition. It illustrates this possibility through an examination of the European Commission’s reviews of the Facebook/WhatsApp merger and the Microsoft/LinkedIn merger. This Article examines the legal, factual and practical considerations that collectively amount to large and potentially insurmountable obstacles to this effort to improve privacy protection through merger review. These obstacles include the inability to apply or extend privacy law directly, the unresolved conceptual knots in clarifying the notion of privacy competition, the empirical difficulties in determining the existence and extent of privacy competition, and the requirement to show that any post-merger failure to satisfy privacy preferences results from a substantial lessening of competition, rather than from independent business judgements or the proper operation of competitive forces. This Article concludes that merger reviews are not likely to improve privacy very much. it would be better to turn to other aspects of antitrust law or to privacy law itself to vindicate privacy rights.

ASPECT OF JUSTICE ON PROGRESSIVE TARIFF STIPULATION POLICY ON MOTORIZED VEHICLES TAX IN PAPUA PROVINCE

<p>This study aims to analyze the implementation of progressive tariffs on motorized vehicles in Papua Province based on Regional Legislation Number 4 of 2011 concerning Regional Taxes. The problem studied in this paper is how aspects of democracy and justice are applied in regional legislation in Papua Province. The study was conducted by using a normative juridical research method which is focused on studying the application of norms in positive law. The application of progressive tax on four-wheeled motorized vehicles in Papua Province required review as it contradicted aspects of democracy and justice as mandated by Law Number 28 of 2009 concerning regional taxes and Regional Retributions. The enactment of the law gave a mandate to the region to form and issue a regional legislation as a legal basis for local tax collection. Based on the mandate, Regional Legislation Number 4 of 2011 concerning Regional Taxes in Papua Province was formed. Thus, the application of the regional legislation has not fully appropriate yet due to the factual consideration that the limitation on the number of four-wheeled vehicles in Papua Province is not due as its density is still at the normal level.</p>

Self-referral of Situations to the International Criminal Court: Complementarity in Practice – Complementarity in Crisis

Self-referral practice has been the main source of cases before the International Criminal Court (icc) to date. This practice provokes significant questions as to its roots, legality and implications on the jurisdiction of the Court in general and the principle of complementarity in particular. Thus, the article, after considering the legal, factual and political considerations attached to self-referral, argues that self-referral, as utilized and encouraged by the icc since its inception, signals a departure of the purposive rationale of the principle of complementarity as the drafting history and the current wording of the Statute reveals, and this could have a detrimental effect on the credibility and impartiality of the Court.

CFIUS under Review: National Security Review in the US and the WTO

Ralls v. CFIUS is the first and only CFIUS challenge that has been heard by United States federal courts. In granting standing to the foreign investor, the DC Circuit determined that the purchaser had gained protectable property interests and was therefore guaranteed due process rights. However, this privilege is circumscribed insofar as factual considerations cannot touch on issues of national security and classified sources. These limitations render the “justiciability” of CFIUS decisions toothless, much in the same way that Article XXI issues are effectively non-justiciable before the GATT Panel.

The French Canadian Press in the United States

The French Canadian press in the United States has not received sufficient attention. The most exhaustive accounts were published more than half a century ago and intertwine factual and moral considerations. To shed light on this ethnic press, this paper is divided into four sections. The first section describes the general features of the French Canadian press and how it differed from other francophone American presses. The following three sections sketch the history of the Franco-American press to show how its evolution followed the standard trajectory of other American ethnic presses from a pioneer era and a relatively influential period to its eventual demise. Despite its failure, much is to be gained from studying this phenomenon in order to better understand the history of French Canadians who migrated in massive numbers to the United States in the last quarter of the nineteenth century and refine our comprehension of the particular dynamics of the American ethnic press in general, and the Franco-American press in particular.

Review of M. Kontopodis, C. Wulf & B. Fichtner (Eds.) (2011). Children, Development and Education. Cultural, Historical, Anthropological Perspectives. Dordrecht: Springer.

Review of M. Kontopodis, C. Wulf & B. Fichtner (Eds.) (2011): Children, Development and Education. Cultural, Historical, Anthropological PerspectivesDuring a summer University cultural and activity research in Moscow, I met Michalis Kontopodis who kindly asked me if I would like to review a book edited by him together with Christoph Wulf and Bernd Fichtner, Children, and Education. Cultural, Historical, Anthropological perspectives (2011). I accepted the project with enthusiasm and gratitude for giving me this chance and was looking forward to discovering the book that I review here with a great pleasure.As it may be deducted from the title, the aim of the book is, amongst others, mainly an epistemological one: putting into dialogue two (distinct but complementary) approaches, namely cultural-historical psychology and historical anthropology, to study children, and education. This book is a critique of mainstream western developmental theories concerned with a developing into an adult and of educational practices that often rely on the normative conception of a universal, a-historical, rational being (p. 9). It brings together different theories and approaches and offers some powerful insights for future research childhood and development. As a young researcher myself, I found in this volume many great ideas and shared interests. Unfortunately, I will not comment here all the chapters, despite the fact they are all bringing a new and interesting view children's development. Rather, after some general considerations about the whole edition, I would like to highlight in this review some interesting points and observations and discuss them critically in the hope of bringing new perspectives the topic.The book is divided into two main parts. The first one, Culture, history and child contains five chapters. As written in the introduction, human is thus explored and conceptualized in regard to its interrelated semiotic, material/embodied, and performative aspects (p. 12) and focuses more infancy and early childhood development (p. 13). The second part, Gender, performativity and educational practice, contains seven chapters and is focused on qualitative studies of school-aged children and young (p. 13). These brief factual considerations about the book bring me to some more critical observations. I would like to underline and comment four dimensions that I find interesting and relevant across the whole edition.On the social character of developmental processes. In the introductory chapter, the editors write that analysis leads to similar conclusions as those of Stetsenko and Hildebrand and Seeger: it foregrounds the social character of developmental (p. 13). It is well established from previous research that developmental processes, especially cognitive development, do not happen in a social vacuum: they are influenced by social interactions, (see for example Doise, Mugny & Perret-Clermont, 1975, 1976; Iannaccone, 2010; Light & Littleton, 1999; Perret-Clermont, 1980). The role of social interactions is recurrent all along the book and it is certainly acknowledged by each contributor. However, some authors in this volume focus specifically the topic, albeit in different manners.Klasen (chapter 5) and Wulf (chapter 6) both evoke the role of processes in learning and development. Wulf's main thesis is of a particular interest: mimetic processes do not only refer to other people in face-to-face situations, but also to places, spaces, things, imaginary actions, scenes, and themes. Institutions such as the family, the school, the role play that is implicit in the media, but also values, attitudes and norms, are learned and embodied by children through (p. 96). The quotation not only underlines the role of process but also refers to the role of institutions, as Hedegaard also highlights in her paper: Children develop through participation in institutionalised forms of practice that are characterised by specialised and shared communication and activities (p. …

The future of global health after the Ebola outbreak

Background: This article aims to address the future of Global Health after the Ebola outbreak in West Africa. It analyzes the effectiveness of the response provided from the beginning of the epidemic to its remission.Methods:The article is both retrospective and prospective. It is analytic. It is based on factual considerations rather than clinical trials. The article provides the last statistics provided by the World Health Organization. It discusses the rapid involvement of the scientific and the international community in the production of the vaccine against the Ebola virus. It briefly focuses on the cycle of the production of a vaccine which has not been respected in the case of the Ebola outbreak.Results: The Republic of Guinea recorded its first patients in March 2014. The authorities; at that beginning, remained slow in their response. That negligence resulted in hundreds of deaths in the community. The deadly virus killed thousands of people; mainly in Guinea, Sierra Leone and Liberia. Some of the countries that were previously affected by the virus are now declared free of Ebola, while Guinea continues to record some sporadic cases.Conclusions:It appears that the concept of global health was not working in the proper sense from 1976 to 2014. The concept started to work after noticing the rapid deaths of thousands of people in Guinea, Sierra-Leone, and Liberia. Also, the involvement of the United States of America has accelerated the process of the global response to the Ebola outbreak. Rapidly, a vaccine was developed with 100% effectiveness. The conclusion summarizes the future of Global Health in the World; mainly in Africa. The future of modern medicine will pass by the knowledge of the concept of Global Health which is an inclusive part of the Public Health. For example, Global Health is now taught in developed countries. After the Ebola outbreak, universities in Africa and around the world must include the teaching of Global Health in their curriculum.

A critical analysis of the majority judgment in F v Minister of Safety and Security 2012 1 SA 536 (cc)

The majority judgment of Mogoeng CJ in F v Minister of Safety and Security 2012 1 SA 536 (CC) purports to be a straightforward application of the reasoning of the Constitutional Court in K v Minister of Safety and Security 2005 6 SA 419 (CC), in which the court updated and constitutionalised the "standard test" for vicarious liability in deviation cases originally set out in Minister of Police v Rabie 1986 1 SA 117 (A) by holding that constitutional and other policy norms now play an important role in deciding questions of vicarious liability. However, it is respectfully submitted that a close reading of the majority judgment in F reveals that the judge misconstrues several key concepts related to the doctrine of vicarious liability. In particular, the judge seems to suggest that there are separate and different tests for vicarious liability in instances where an employee has plainly committed a delict in the course and scope of his employment, and where he has to some extent deviated from his employment duties. In fact, there is a single overarching test for vicarious liability - the course and scope rule - but various subsidiary tests are used by the courts to address difficult or borderline cases. It is also questionable whether F truly is a "typical deviation case", as the judge asserts. The judge then applies the constitutionalised test for vicarious liability originally set out in K in a manner which is subtly, but significantly, different from how it was deployed in that case. In particular, Mogoeng CJ's implication that it is not necessary for a court to consider the second leg of the Rabie test in circumstances where the employee wrongdoer has clearly subjectively intended to further the interests of his employer is undesirable and should not be supported. Furthermore, the judge identifies the question of whether or not there is an "intimate link" between the conduct of the employee wrongdoer and the business of his employer as one of the normative issues to be canvassed in order to determine the outcome of the second leg of the Rabie test. In fact, the "intimate link" question is the overall one to be decided in terms of the second leg of the Rabie test, which, in terms of the approach set out by O'Regan J inK, is to be answered by considering a range of factual and normative considerations in conjunction with one another. Moreover, the judge appears to construe the "intimate link" question in primarily factual terms. The discrepancies between the approaches of the courts in K and F are significant because they lead Mogoeng CJ to place a far heavier reliance on factual considerations in deciding whether the conduct of the employee wrongdoer was sufficiently closely related to the employer's business than would have been the case if he had more faithfully applied the test for vicarious liability set out in K. Although the judge devotes a considerable portion of the judgment to the normative issues which point to the need for the court to make a finding of vicarious liability, these do not seem to have been the immediate driver of his ultimate decision to impose vicarious liability in this instance. The reasoning of the majority in F becomes all the more problematic when one considers that the factual considerations linking the employee wrongdoer's conduct to the business of the SAPS are far more tenuous in this case than in K. A more compelling justification for imposing vicarious liability in F would have lain in the normative constitutional considerations that point towards the need to impose vicarious liability in this instance.

Doctrinal Expertise, Empirical Knowledge, and Causation Jurisprudence: On the Tentative Rationality of Doctrinal Development

The article offers an account of the ways in which the influx of empirical knowledge with scientific pedigree is controlled by the doctrinal structures of law, using the development of causation jurisprudence in the law of negligence (in the United Kingdom) as the focus of the analysis. It depicts the engagement with empirical knowledge as a learning process constrained by normative characteristics of the legal practice and considerations of professional competence. The doctrinal structures of causation jurisprudence are analysed in terms of a three-level engagement with the fact-norm distinction. The article argues that the discursive structures of doctrinal knowledge about law embody a pattern of rationality. And that pattern of rationality revolves around manifesting the dialectical relationship of normative and factual considerations in practical judgments. Legislative intervention in the common law must preserve that pattern of rationality.