International Minimum Standards Research Articles

Two Systems, One Concept of Comparative Analysis of Dutch Noodwer and Indonesian Forced Defense

This study comparatively analyzes the concept of noodweer in Dutch criminal law and forced defense in the Indonesian Criminal Code. Using a qualitative analysis method with a normative and comparative juridical approach, this study examines the differences and similarities between the two concepts, as well as their implications in legal practice. The results show that there are significant differences in interpretation and application, although there are similarities in basic principles. The Netherlands tends to adopt a broader and more flexible interpretation of noodweer, reflecting its emphasis on individual rights. In contrast, Indonesia applies a stricter interpretation to forced defense, which can be understood as an attempt to strengthen the role of the state in conflict resolution. These differences are influenced by historical, socio-cultural factors and the development of each country's justice system. The implications are seen in law enforcement and the protection of individual rights. The Dutch approach offers greater flexibility in handling complex cases, while the Indonesian approach provides clearer guidance for law enforcement officials. The study also explores the challenges and prospects for harmonizing the concept of forced defence internationally, concluding that there are opportunities for partial convergence through the development of international minimum standards and increased knowledge exchange between countries.

Literature Review: Taxpayers in International Law: International Minimum Standards for the Protection of Taxpayers’ Rights, J. Kokott & P. Pistone (eds). Hart Publishing. 2022

Literature Review: Taxpayers in International Law: International Minimum Standards for the Protection of Taxpayers’ Rights, J. Kokott & P. Pistone (eds). Hart Publishing. 2022

The Impact of Seafarers' Welfare on the Operational Efficiency of Marine Vessels in Tanzania

This study explores the critical relationship between seafarers’ welfare and the operational efficiency of marine vessels in Tanzania. So the study aims to investigate the critical aspects of seafarers’ welfare and their impact on the operational efficiency of marine vessels in Tanzania. The objectives are, To identify the factors that affect the living and working conditions on the operational efficiency of a marine vessels inTanzania, To evaluate the working environment standard that influence the efficiency of a marine vessels, To examine the condition of their salary to afford the living standard. Tanzania ratified the MLC 2006, setting minimum international standards for seafarers' working and living conditions, significantly improving their welfare. Despite ratifying international conventions, Tanzanian seafarers face challenges on their welfare that the absence of a comprehensive maritime policy exacerbates these issues. This study employs a mixed methods research design, integrating both quantitative and qualitative data collection and analysis to provide a comprehensive understanding of the impact of seafarers’ welfare on the operational efficiency of marine vessels. A sample size of 80 participants from various marine vessels and ship managers were selected regression and thematic analysis was been used in data analysis and concurrent triangulation method was used in data intergration. The findings of this study underscore the importance of prioritizing seafarers’ welfare to ensure the sustainable and efficient operation of marine vessels in Tanzania. By addressing the identified welfare issues. The research recommend for policy changes and the development of a more supportive and productive maritime sector as well as establishment of welfare centers like Stella Maris and mision to seafarers, to support seafarers and fishing communities.

Assessment of embryologist sufficiency and associated regional disparities in Japanese assisted reproduction facilities using nationwide survey data (IZANAMI project).

This study aims to comprehensively examine the employment and practices of embryologists in Japan's assisted reproductive technology (ART) laboratories, focusing on the impact of various factors such as ART cycle numbers, add-ons, and regional differences. Additionally, it seeks to assess the extent to which Japanese ART facilities meet international minimum standards set by the American Society for Reproductive Medicine (ASRM). A survey was conducted from December 2021 to February 2022 among 621 ART facilities in Japan. The study categorized facilities into five ART cycle groups and compared the number of embryologists across these groups. It also examined the correlation between the number of embryologists, ART cycles, add-ons, and regional differences. Data were analyzed using linear regression and multiple linear regression analyses. The study's findings revealed a significant correlation between the total number of embryologists at each facility and the ART cycles. Notably, there were significant differences in the number of embryologists across all ART cycle categories. Of the 435 facilities, only 44.6% met the ASRM minimum embryologist staffing requirement. The regression analysis further highlighted the significance of ART cycles and preimplantation genetic testing for aneuploidies as factors. Moreover, the number of embryologists stationed at urban facilities was significantly higher than at nonurban facilities, indicating a potential regional disparity. In Japan, it was first found that more than 50% of ART facilities do not have sufficient embryologists in place relative to the number of ART cycles. Furthermore, the add-ons and regional differences affect the placement of embryologists.

The Essential Computer Drawing Labs Facilities and Infrastructure to Achieve Training Quality According to International Standards

Educational facilities and infrastructure at any training institute must meet the minimum international standards. This study aims to evaluate the feasibility of the current facilities and infrastructure in the Computer Drawing Labs. The study used quantitative research methods, including observation and documentation. Study results indicate that all aspects of facilities and infrastructure assessed are in the good feasible category, with achievement levels ranging from 70 to 100 percent. The aspect with the lowest feasibility achievement is the space area at 70%, while the aspect of room furniture, educational media, equipment, and environment quality, achieved feasibility levels of 85%

The flexibilization of intellectual property rights in cases of health crises: A case study of Brazil in the face of the AIDS and COVID sanitary crises

AbstractIntellectual property (IP) law is traditionally considered rigid, with little room for maneuvering in crisis cases. In this article, through three case studies, we discuss how health crises have affected IP rights, especially in Brazil, and the relationship of Brazilian decision‐making with internationally accepted legal frameworks. In the first case, on the AIDS crisis, we discuss the initiatives of compulsory licenses in Brazil and the debate on the Doha Declaration on public health, in which the international community recognized the national margin of appreciation of TRIPs in specific cases, making the Brazilian government's action viable. In the second case, on COVID, we discuss some proposals for waiver of IP rights that, although not effectively implemented, were important to pressure economic players to find solutions to transfer technology and expand the production of newly discovered vaccines, with the transfer of technology and expansion of Brazilian vaccine factories. In the third case, also on COVID, we discuss how the health crisis induced the Brazilian Judiciary, Executive, and Legislative branches to change different points of the IP law that had been under discussion for many years and reduced the extent of these rights, to increase access to medicines, but limited by international minimum standards. We conclude that IP law is essential for developing new drugs to deal with health crises. At the same time, these crises are essential for constructing Law that prevents abuses by dominant economic actors.

Legal and Social Issues of Stateless Children in Malaysia

Malaysia does not have official records on the number of stateless people in the country. This lack of proactivity makes it challenging to identify the number of stateless people from the country’s population of ‘non-citizens’. For many stateless children, they are the products of this endless cycle of statelessness that transmits from one generation to the next especially when attempts to obtain a Malaysian citizenship from the National Registration Department fall futile. Though statelessness remains their only identity, it has also robbed them of State protection over the most fundamental human rights. This paper seeks to address the legal and social issues faced by stateless children in Malaysia. It begins by exploring the legal definition of a stateless child and the international minimum standard of protection that they are entitled to. The second part of the paper will then analyse the current Malaysian legal framework on statelessness, and how it fails to provide adequate protection for stateless children. This is followed by proposing potential solutions to the issue, such as amending the relevant laws and introducing awareness campaigns. Finally, the paper will conclude by outlining the importance of addressing statelessness in Malaysia and how this will benefit the stateless population.

Enhancing the criminal justice response to human trafficking in South Africa: Legislation and case law in the spotlight

Human traffickers continually develop new tactics to trick and trap their victims, making human trafficking a complex and evolving crime that demands a robust criminal justice response. This response must be consistently refined to combat this pervasive crime effectively. In South Africa, the Prevention and Combating of Trafficking in Persons Act 7 of 2013 (Trafficking Act) came into force in 2015 to address the multifaceted crime. Now, after eight years, this article delves into the status of the counter-trafficking response, focusing on the efficacy of the anti-trafficking legislation and its implementation by the courts. It was found that, first, the Trafficking Act, as previously confirmed, complies with international minimum standards, and encompasses all forms of trafficking. Secondly, through the implementation and interpretation of this legislation, the courts have established jurisprudence on human trafficking, making a significant contribution to the criminal justice response. By reviewing case law spanning the period 2009 to 2023, this article aims to contribute novel insights to the existing body of knowledge, based on evidence tested in courts. Examining emerging case law, the article sheds light on various features of human trafficking within the criminal justice arena. It focuses specifically on the gravity and nature of human trafficking, penalties imposed by the courts, both domestic and cross-border trafficking, and new insights into various types of trafficking perpetrated within South Africa. Notably, court judgments increasingly offer binding and clarifying decisions. Case law has endorsed the only legally binding definition of human trafficking and provided interpretations of concepts in trafficking legislation. However, alongside the positive contributions of case law, the article also identifies legislative challenges. Consequently, recommendations are presented to enhance and fortify the criminal justice response to human trafficking in South Africa.

Sustainable Energy Supply: Solar Energy Adoption as a Veritable Alternative for Economic Growth in Nigeria

The current electricity power supply to Nigerians has been grossly inadequate and does not meet the minimum international standards of electricity services. There have been power failures or outages which does not promote development in both the private and public sectors of the economy. This present study seeks to extend the existing literature by investigating the influence of solar energy adoption (SEA) on economic growth (EG) in Nigeria. Data was drawn through questionnaire from 180 employees of 4 Local Government Areas in Rivers State. The sample for the study was decided on through the use of the simple random sampling technique, and analysed by means of simple regressions method. The study found that solar energy adoption has significant influence on gross domestic products (GDP) and human development index (HDI). Therefore, the study concludes that, solar energy adoption significantly influence economic growth in Nigeria, and recommends amongst others that Policymakers should key in effectively to sustainable energy programs that will engender GDP and HDI in order to drive citizens towards positive creativity that will increase the country’s GDP and HDI and accelerate economic growth.

Impact of Teachers’ Autonomy Support in Students’ Basic Psychological Needs, Intrinsic Motivation and Moderate-to-Vigorous Physical Activity

The students' active participation in physical education does not always guarantee the fulfilment of the international guidelines on moderate-to-vigorous physical activity (MVPA). The goal of the study was to examine the effects of the teacher autonomy support on the MVPA, basic psychological needs, and intrinsic motivation of primary education students. A three-phase, crossed research design was used in four groups of primary education (grades three, four, five, and six). Eighty-three students (40 boys; 43 girls) completed three physical education sessions with three levels of teacher autonomy support: low, intermediate, and high. They wore WGT3x accelerometers and answered a questionnaire. Results showed significant differences in MVPA, autonomy, competence, and intrinsic motivation (p < 0.001) between sessions one (controlling), two (intermediate-supportive autonomy), and three (full-supportive autonomy). In session three, the students' MVPA increased to 73.70%. In conclusion, teacher's autonomy-supportive environment can be modified to increase the students' intrinsic motivation, basic physiological needs, and MVPA to reach the minimum international standards.

Evaluation of consultation liaison psychiatry in Australian public hospitals (AU-CLS-1).

This study aimed to determine whether consultation liaison psychiatric service (CLS) staffing within Australian public hospitals meet national and international minimum staffing standards. Semi structured interviews were conducted with CLS Directors across Australia from August to December 2021. Data were collected on demographics, staffing, funding, hospital size and admissions. The majority of services did not meet minimum standards for CLS staffing. Non-medical staff outnumbered medical staff with increasing rurality. Psych-oncology CLS had the greatest resources, skill mix and service breadth. Although CLS are heterogeneous, most services are inadequately resourced to provide baseline specialist mental health care in Australian hospitals. Establishing national minimum standards for CLS staffing will facilitate uniform service development and quality care provision.

Designing and evaluating a patient decision aid for patients with locally advanced or locally recurrent rectal cancer: a national multicentre mixed methods study protocol

IntroductionApproximately 5%–10% of new rectal cancers are locally advanced (locally advanced rectal cancer (LARC)) at presentation with 4%–8% recurring (locally recurrent rectal cancer (LRRC)) after initial treatment. Patients with potentially...

The Necessity of Global Standardization Guidelines for Space Travel

This study explored the interest in global standardization guidelines for space travel. Due to the lack of accepted minimum international standards and commercialized space travel guidelines, there is a need to explore the feasibility of developing of an agency or clearinghouse for the standardization of certifications, requirements, and ethical standards for space travel between global governments and private entities. This study employed a two-round Delphi design to investigate the need to establish and prioritize such guidelines. The findings yielded from this study provide guidance on how an agency or clearinghouse is needed and could potentially aid in developing such guidelines. The study included the prioritization of issues relevant to the establishment of guidelines to regulate human space travel. Twenty-nine global experts from 10 different nations participated in this research study. The results of this study include quantitative and qualitative data, which were collected in the two rounds of the Delphi study. As a result of this study's findings, industry decision-makers may become more knowledgeable of issues concerning consensus on safety concerns regarding human spaceflight.

Camera trap surveys can reveal the dynamics of deer “hotspots” in Ireland.

Systematic camera trap surveys are important for gathering information on terrestrial wildlife. Such surveys reveal distributions, abundances, and behaviours that can inform conservation and wildlife management by providing evidence of animal presence at known locations and times. However, in Ireland, international-standard camera trap surveys have not been undertaken to inform the management of large terrestrial wildlife. Through participation in a continent-wide initiative (Snapshot Europe) with a shared methodology, we undertook Ireland’s first systematic camera trap survey for large mammals over a two-month period in 2021 in a known deer “hotspot” - central Wicklow, Ireland. We captured eight wild mammal species from 19 forest camera trap sites. Sika (Cervus nippon) or sika-red deer hybrids (Cervus nippon × Cervuselaphus) were detected at all sites and comprised 92% of all independent camera trap events of wild mammals. Sika (and hybrid) events occurred at an average rate of 1.1 events per site per day. Females were more often detected than males (male:female = 1:1.42). We also noted that most females were not accompanied by juveniles (female:juvenile = 1:0.31). Overall, we demonstrate the efficacy of even this exploratory survey for revealing wildlife dynamics and generating data for science-informed management and conservation. We recommend that further surveys should be carried out across Ireland to achieve minimum international standards for monitoring terrestrial wildlife.

An Assessment of Anesthesia Capacity in Liberia: Opportunities for Rebuilding Post-Ebola.

The health system of Liberia, a low-income country in West Africa, was devastated by a civil war lasting from 1989 to 2003. Gains made in the post-war period were compromised by the 2014-2016 Ebola epidemic. The already fragile health system experienced worsening of health indicators, including an estimated 111% increase in the country's maternal mortality rate post-Ebola. Access to safe surgery is necessary for improvement of these metrics, yet data on surgical and anesthesia capacity in Liberia post-Ebola are sparse. The aim of this study was to describe anesthesia capacity in Liberia post-Ebola as part of the development of a National Surgical, Obstetric, and Anesthesia Plan (NSOAP). Using the World Federation of Societies of Anaesthesiologists (WFSA) Anaesthesia Facility Assessment Tool (AFAT), we conducted a cross-sectional survey of 26 of 32 Ministry of Health recognized hospitals that provide surgical care in Liberia. The surveyed hospitals served approximately 90% of the Liberian population. This assessment surveyed infrastructure, workforce, service delivery, information management, medications, and equipment and was performed between July and September 2019. Researchers obtained data from interviews with anesthesia department heads, medical directors and through direct site visits where possible. Anesthesiologist and nurse anesthetist workforce densities were 0.02 and 1.56 per 100,000 population, respectively, compared to 0.63 surgeons per 100,000 population and 0.52 obstetricians/gynecologists per 100,000 population. On average, there were 2 functioning operating rooms (ORs; OR in working condition that can be used for patient care) per hospital (standard deviation [SD] = 0.79; range, 1-3). Half of the hospitals surveyed had a postanesthesia care unit (PACU) and intensive care unit (ICU); however, only 1 hospital had mechanical ventilation capacity in the ICU. Ketamine and lidocaine were widely available. Intravenous (IV) morphine was always available in only 6 hospitals. None of the hospitals surveyed completely met the minimum World Health Organization (WHO)-WFSA standards for health care facilities where surgery and anesthesia are provided. Overall, we noted several critical gaps in anesthesia and surgical capacity in Liberia, in spite of the massive global response post-Ebola directed toward health system development. Further investment across all domains is necessary to attain minimum international standards and to facilitate the provision of safe surgery and anesthesia in Liberia. The study results will be considered in development of an NSOAP for Liberia.

Fair and Equitable Treatment Standard in International Investment Law: The Customary Status

Fair and equitable treatment (FET) is an important standard in international investment law. However, this standard is not free of controversy among governments, scholars and in arbitral tribunals. The historical challenge of FET is its relation with international minimum standard of treatment under customary international law. In recent times, a new challenge arose asking whether FET itself has entered into the family of customary international law or not. This inquiry is important because if the standard has, in fact, become a part of customary international law, then even where States exclude reference to FET for foreign investors in their treaty arrangements, this level of treatment will come into effect by operation of law to such investors. This paper seeks to find an answer for this question. In this respect, the paper first went through the opinions of different scholars. As observed, a few of them supported such a recognition by basing their ideas mostly on the inclusion of FET in the majority of for instance BITs. While the rest of scholars has opposed such an idea by backing the conventional status of FET or pointing on the lack of uniformity of State practice plus the absence of opinio juris among countries. In the second step, the paper analyzed the arbitral cases dealing with such a question. It found, that except a few cases, the rest have not agreed to such a recognition. Finally, the paper looked for the requirement of State practice and opinio juris to see if FET has become part of customary international law. It found that although State practice is general and representative but it is not uniform and consistent. In addition, there was no opinio juris or legally binding believe to accept the customary status of FET. In short, the majority of scholars, arbitral practice, as well as the practice of state and opinio juris does not confirm that FET has entered into the corpus of customary international law. Keywords: Fair and Equitable Treatment, Customary International Law, Multilateral Agreements, BITs, Arbitral Practice, State Practice DOI: 10.7176/JLPG/105-14 Publication date: January 31 st 2021

Empirical Analysis of the Adequacy of the Pension System in Mainland Tanzania

This study assesses the adequacy of the pension system in Tanzania by using membership data of pension schemes. The analysis, which is based on the life cycle hypothesis, includes an assessment of pension system adequacy by using replacement rate, coverage rate, catchment rate, and demographic rates. The results of the study reveal several things. First, replacement rate is 29 percent, far below the international minimum standards of 40 percent due to generous commutation factors, and commutation being inversely related to monthly pension. Second, the lack of indexation diminishes adequacy of benefits. Third, actual contribution rate is 15 percent, lower than the statutory contribution rate of 20 percent of salary, which could lead to low density of contribution and cause depletion of assets by 2022 if no action is taken. Fourth, inadequacy of benefits was found to be caused by low catchment rate, which was found to be positively correlated with benefits payment. Fifth, the analysis establishes that the demographic structure would support increase in coverage of membership should the government institute appropriate policies.

PROCESO PENAL DE JESUCRISTO: INIQUIDADES Y ANTAGONISMOS ENTRE EL VETUSTO DERECHO PENAL HEBREO Y EL DERECHO PENAL ROMANO

This analysis is based on a thorough investigation into the jurisdictional criminal profile proceedings against Jesus Christ, plagued by iniquities, malignancies, elucidated in two antagonistic judgments: one, the Religious Judgment or Jew before the Sanhedrin and the Political Judgment before Pontius Pilate, of Roman power, and subjected to asummary and laconic judgment. If we make a retrospective procedural legal vision of the trial of Jesus Christ by the Jewish authorities, ab initio, and later by the Roman iurisdictio, in the light of the new Ecuadorian Integral Criminal Organic Code (2014), of a guarantee, accusatory court, of transversal orality and adversarial, it must be asserted, withall conviction, that It did not refer to the minimum international standards of the constitutional due process guarantee , effective jurisdictional protection and the unrestricted respect for the right to defense by a lawyer of his free choice or of the Attorney General's Office of the State. By virtue of the analytical-synthetic and dialectical method, comparedto the descriptive exploratory scope inclined to accurately show the angles or dimensions of the most famous criminal trial of humanity, the investigation contains the condemnation of an innocent person to death for a political crime the Sedition, which Jesus did not perpetrate. Such a condemnation repealed the one decreed by the Sanhedrin, that is to say, that of “Blasphemy” which made it consist of the fact that Jesus repealed the endowment of being a son of God, injurious at the beginning –non bis in idem–, among other flagrant procedural violations, in which the inconsistency of the form can only be matched by the iniquity of the fund.

UNCLOS and Investor Claims for Deep Seabed Mining in the Area: An Investment Law of the Sea?

Foreign capital has increasingly become involved in the exploration for deep sea minerals in the Area. Foreign-owned companies have received the sponsorship of their state of incorporation, as required by UNCLOS to be granted an exploration contract by the International Seabed Authority. Sponsoring states’ policies toward such foreign-owned entities may go further than the mere implementation of UNCLOS obligations by pursuing national objectives such as better environmental protection or greater financial benefits for the local population. However, international law confers certain protections to foreign investment by binding states to respect an international minimum standard of treatment. Various UNCLOS provisions incorporate those guarantees, which could consequently be litigated through the dispute settlement system in Part XI of the convention. Yet, only the contractors’ state of nationality and the Authority have, under the convention, the required standing to do so.

Development and evaluation of a patient decision aid for patients considering ongoing medical or surgical treatment options for ulcerative colitis using a mixed-methods approach: protocol for DISCUSS study

IntroductionApproximately 20%–30% of patients with ulcerative colitis (UC) require surgery, the majority of these being elective due to chronic symptoms refractory to medical treatment. The decision for surgery is difficult...