International Principles Research Articles

The international law principle of due diligence and its application to the cyber context

Este artículo analiza la aplicación del principio de diligencia debida en Derecho internacional al contexto cibernético. Con este objetivo, el artículo describe en primer lugar los principales elementos de este principio en el contexto cibernético actual, marcado por la creciente amenaza que representan los ciberataques. A continuación, el artículo analiza la naturaleza jurídica del principio y su aplicación al ámbito cibernético a la luz de la práctica internacional de Estados y Organizaciones internacionales y concluye con una serie de consideraciones sobre su plena vigencia actual como obligación jurídica y su posible desarrollo futuro.

Implementasi Reformasi Sistem Kafala terhadap Upaya Perlindungan Hak Asasi Manusia Buruh Migran di Qatar

During the construction of World Cup 2022 infrastructures in Qatar there assumed to be human rights violations against migrant workers. Around 1200 migrant workers died between the year of 2010-2014 because of forced labor, bad environment, withholding wages, limited access to proper health care, discriminatory and exploitative treatment. This paper aims to describe the failure Kafala system which argued to enable the exploitation or violation of human rights against migrant workers by using qualitative research methods. The results of this study show that Qatar as an actor who responsible to secure the human rights of migrant workers has not succeeded in making a proper policy as a solution to the human rights violations that have occurred and instead created new problems from its attempt to reform the policy. Second, the gulf countries do not want to abolish the Kafala system and require its implementation because migrant workers make a major contribution to the development of their countries. Third, FIFA failed to become a law enforcer for Qatar because in organizing mega sport events, FIFA and the host country should have respected applicable laws and international principles related to human rights, including the concept in the UNGPs namely protect, repair and respect.

COMMENTARY: Public health ethics and the Kerala Public Health Act, 2023.

This commentary looks at the Kerala Public Health Act (KPHA), passed on November 28, 2023, through the lens of public health ethics. While the Act recognises the importance of prevention and strengthening of social systems, it falters in the public health ethics and human rights framework, ignoring international public health principles such as the Siracusa Principles and guidelines for individual diseases such as tuberculosis. The Covid-19 pandemic in India itself offers ample learnings, which have been disregarded, on the need for caution against state overreach. Principles such as autonomy, privacy/confidentiality, transparency, accountability, rule of law, least harm etc have not even been given token consideration, making this law a potential tool of abuse, particularly against already vulnerable communities.

Consideration of intellectual property law in the context of European Union practice

The development of effective legislation on intellectual property in the context of shaping a digital society is an important issue for ensuring the stable development of innovation and protecting creators’ rights. The aim of the work is to analyse the constitutional and international principles of legislative regulation in the field of intellectual property law in the European Union to improve its legal regulation in Ukraine. The scientific basis was the application of the dialectical method as a way to delve deeper into the issues of intellectual property law, as well as the use of methods such as detailing and synthesis, abstraction, analysis and synthesis, and comparative legal method. The peculiarities of legislation on intellectual property in Ukraine and the European Union have been studied, revealing the lack of unified legal regulation of intellectual property issues. Experience confirms that institutional support is necessary for the field of intellectual property in Ukraine. To determine an effective state policy, it is necessary to develop and implement new terminology in the field of copyright protection. In the past, insufficient international cooperation has led to Ukrainian legislation not meeting modern requirements, especially in actively developing areas that require special terms and designations for the protection of intellectual work results. Based on the results of the conducted research, it has been established that the system of intellectual property protection in Ukraine is developing and requires constant improvement. The existence of violations of intellectual property rights indicates the need for the implementation of a programme to improve this system, as state protection of intellectual property is the main aspect of developing an innovative economy and increasing Ukraine’s competitiveness. In other words, due to significant gaps in legislation, manufacturers of innovative products will not rush to introduce them to the Ukrainian market, and high-tech start-ups are not protected from unfair copying of ideas. Also, based on the research results, gaps have been identified in the regulation of legal regimes for texts, music, and images generated by artificial intelligence. The research results can be useful for legislators working on improving legislation on intellectual property and for the development of strategies for managing intellectual property, which will contribute to increasing competitiveness and innovative development of business

Shaping the International Law Principle of the Inviolability of the Right to Peaceful Enjoyment of Property in the Context of International Armed Conflict

The article focuses on the formation of the international law principle of the right to peaceful enjoyment of possessions in the context of an international armed conflict, given the relevance of the issue of damage and destruction of property as part of the armed aggression of the Russian Federation against the sovereignty and territorial integrity of Ukraine. The author examines the right to peaceful enjoyment of possessions through the prism of international human rights law - as such, where the right to peaceful enjoyment of possessions (property rights) has been enshrined in the international law system, and also through the prism of international humanitarian law and international criminal law - as such, which are special in relation to the right to peaceful enjoyment of possessions in the context of international armed conflict.
 The article examines the principle of inviolability of property rights at the national level, in particular, in legislative and judicial sources, and its impact on the formation of the relevant international law principle. In particular, the author analyses the philosophical development of the concepts of “sacredness” of property rights and inviolability of property rights, as well as the natural essence of this right for a person.
 The author examines in detail the rules of conventional and customary international humanitarian law on the right to peaceful enjoyment of property/property rights depending on the type of acts that may be committed against property and the type of property against which certain acts are directed in the context of an international armed conflict or legal regime of occupation. The provisions on the protection of civilian objects, as well as the non-absolute nature of the protection of property rights in international armed conflict in cases of urgent military necessity, are carefully considered. Based on this analysis, the author identifies the key fundamental provisions on the basis of which the international legal principle of the right to peaceful enjoyment of property in the context of international armed conflict is formed.

Analysis of System of Treatment Opted for Diabetes and Hypertension During Covid-19

Background: India has two healthcare components, 1stas public which focus on basic healthcare facilities in the form of Ayushman Bharat-Primary Healthcare Centres (AB-PHCs) and Ayushman Bharat-Health Sub-Centres (AB-HSCs) in rural areas and comprises limited secondary and tertiary care institutions in key cities whereas 2nd as private sector which provides majority of secondary, tertiary, and quaternary care institutions with major concentration in metros, tier-I and tier-II cities. Indian Healthcare Sector has continued to grow at a significant rate through effective budgetary allocations and promoting collaborations. Centre and State governments spend 30% and 70% of total government spending on health care, respectively. As about 35 million diabetic and hypertension patients of aged ≥65 years are susceptible to mortality due to COVID-19, due to effect on heart, liver, kidneys and lungs, this needs more concentration and proper management of these patients. There is requirement to build an intelligent healthcare system to span the public vs private and conventional vs non-conventional healthcare system, aligned with international principles and standards for health metrics. The global prevalence of these NCDs is higher in urban than rural areas and higher in high-income than low-income countries. One in two people living with these NCDs do not know that they have these diseases. Economy of the individual and country have affected negatively by diabetes and hypertension patients. 80% of the burden of these diseases of a country can be reduced by appropriate medicines. Due to no or less side-effects, many modern medical practitioners are practicing the non-conventional system of treatment which is 80% in rural areas. Objective: To study the system of treatment opted by the diabetic and hypertension patients during COVID-19. Material and Method: A cross-sectional descriptive study is conducted at various institutional levels and by visiting randomly in different selected areas with help of well -developed questionnaire. The research work is conducted by collecting the data of diabetic and hypertension patients with their system of treatment opted during COVID-19 in the years 2020, 2021, 2022 and 2023. Sample size is between 900 to 1000 participants and total investigations done, are between 5300 to 5500. The investigations are done with the help of glucometer and sphygmomanometer. Results: Total persons investigated are 5498, normal persons are 82.78% whereas diseased persons are 17.22% out of these diseased persons HTN are 10.53%, DM are 3.87% and HTN with DM are 2.82%. From 947 DM, HTN and HTN with DM patients, modern allopathic medicines or conventional system users are, DM=152 (16.05%) HTN = 316 (33.37%), DM with HTN = 103 (10.88%). Traditional medicines or non- conventional system users are DM=26 (2.75%), HTN= 106 (11.19%), DM with HTN = 24 (2.53%). Both healthcare system user are, DM=35 (3.69%), HTN=157 (16.58%), DM with HTN =28 (2.96%). Total patients of DM, HTN and HTN with DM which used modern allopathic medicines or conventional healthcare system are 571 (60.30%), traditional medicines or non-conventional healthcare system are 156 (16.47%) and which have used both conventional as well as non-conventional system are 220 (23.23%). Conclusions: More patients of DM, HTN and HTN with DM have adopted modern allopathic medicines/ conventional system for treatment as compare to traditional/ non-conventional system whereas many of these patients have adopted both systems of treatment conventional as well non-conventional.

How the adoption of industry 4.0 technologies is related to participation in global and domestic value chains: Evidence from Russia

This study explores the relationships among Industry 4.0 technologies, their application areas, and the involvement of Russian manufacturing firms in global and domestic value chains. We apply logit and multinomial logit regressions using an original survey dataset of approximately 1700 Russian manufacturing firms. We make a novel contribution to the literature by uncovering an asymmetry in adopting Industry 4.0 technologies among Russian industrial firms in domestic value chains (DVCs) and global value chains (GVCs). This asymmetry has the potential to impede GVC localization and DVC internationalization. Based on our results, software automation solutions are the only ones demonstrating statistical significance for firms participating simultaneously in GVCs, DVCs, and both GVCs and DVCs. Companies in DVCs demonstrate a broader utilization of Industry 4.0 technologies across various application areas. We also identify evidence of reshoring in DVCs, indicating that Industry 4.0 adoption encourages firms to establish enduring relationships with domestic suppliers. Highlighting that differences in technology adoption are influenced by external factors, including adherence to international standards and regulatory principles, we propose policy implications for developing countries. Recommendations encompass reducing entry barriers to DVCs, improving procurement transparency, and promoting competition in the digital solutions market to empower firms for seamless GVC integration.

Analysis of non-profit corporations' status in the Republic of Kazakhstan

Relevance. This paper holds the scientific and legal analysis of the status of non-profit organisations in the Republic of Kazakhstan in terms of the presence or absence of signs of corporations in comparison with similar legal entities under the legislation of the Russian Federation. The relevance of the subject under study is conditioned upon the fact that the civil legislation of Kazakhstan lacks norms on the definition and types of corporate organisations; and the science of civil law holds next to no studies on the legal status of non-profit organisations as corporations. Purpose. The purpose of this study is to identify the signs of corporations in the legislative acts of the Republic of Kazakhstan on non-profit organisations. Methodology. The study employed a comparative legal analysis and the application of international corporate governance principles to identify and evaluate the corporate characteristics of non-profit organizations in Kazakhstan. Results. The analysis revealed that Kazakhstani non-profit organizations exhibit almost all identified signs of corporations, such as non-distribution of profit among members, rights to participation, and the formation of supreme governing bodies. Special attention is given to self-regulating organizations (SROs), which, due to their public function and compliance with corporate governance principles, are proposed to be recognized as non-profit corporations. Conclusions. Based on the results of the study, the authors conclude about the need to classify self-governing organisations, including associations and unions based on professional membership of participants, notary chambers, bar associations, chambers of private bailiffs, etc., as corporate non-profit organisations.

Pelanggaran Hak Asasi Manusia Internasional pada Invasi Rusia ke Ukraina

This research aims to find out the rules and sanctions that can be imposed on violations of international human rights in the event of Russia's invasion of Ukraine. The method used in this research is normative legal research, which is research by examining laws and regulations, legal concepts, and legal theories to be applied to a particular problem. The result of this research is to find out the efforts that can be made by all countries in the world in order to stop ongoing violations of international human rights in the event of Russia's invasion of Ukraine. The military invasion launched by Russia into Ukraine has had consequences that violate international human rights principles. These violations include attacks on Ukraine's sovereignty and territorial integrity, violations of civil rights, and the unlawful use of military force. Non-compliance with international law resulting from this invasion has had serious humanitarian impacts, including loss of life, displacement, and damage to infrastructure. In the context of international law, this invasion raises questions regarding the upholding of human rights principles and compliance with the laws of war. The acts of military aggression carried out by Russia are contrary to a number of international treaties governing state sovereignty and the prohibition of the use of military force without legal authorization. This situation has given rise to debate and emphasis on the need to enforce rules that protect human rights and global justice.

The role of institutionalized cooperation in transboundary basins in mitigating conflict potential over hydropower dams

Numerous dams are currently being built, many of them in transboundary basins. This can lead to disagreements and conflicts between riparian states, compromising not only environmental and social sustainability, but also regional stability and peace. Addressing such conflict risks, states have developed legal and governance mechanisms to address the conflict potential around dams, ranging from international water law principles to dam-specific provisions in basin treaties and from basin management plans to environmental impact assessment approaches. This paper assesses whether, how and to what extent such institutionalized governance mechanisms can prevent or mitigate conflict through both a global perspective (based on global datasets on international water treaties and basin organizations) and a case study perspective (conducting an in-depth analysis of three basins the Mekong, Zambezi, and Senegal river basins). It finds that globally there is a shortcoming in institutionalized cooperation mechanisms preventing and mitigating conflict risks over dams, but in those albeit rather few basins where they do exist, they can reduce conflict risks and thus benefit riparian people, ecosystems, and countries. These findings contribute to the broader discourse on the role of international water law and basin organizations in sustainably managing shared water resources and support calls for the strengthening of those.

Case C-663/21, Bundesamt für Fremdenwesen und Asyl v. AA (C.J.E.U.)

On July 6, 2023, the Court of Justice of the European Union (CJEU) delivered its judgment in C-663/21 AA on a preliminary reference from the Austrian Supreme Administrative Court. The CJEU examined the international legal principle of non-refoulement and how it applies in EU law, particularly to expulsion decisions following the withdrawal of refugee status. It held that EU law “preclude[es] the adoption of a return decision in respect of a third-country national where it is established that removal of that third-country national to the intended country of destination is, by reason of the principle of non-refoulement, precluded for an indefinite period.”

Gender Equality in Indigenous Peoples in Indonesia (Challenges and Efforts Towards the 2030 Sustainable Development Goals)

Objective: Gender equality is an important issue that the government frequently overlooks. Gender equality does not imply that women must be equal to men, but rather that women have the same rights, responsibilities, and opportunities as men in various fields. The facts show that Indigenous Women, as marginalized people, continue to face various injustices and discrimination in various parts of the world, including Indonesia. This paper attempted to analyze various problems and efforts to achieve gender equality for indigenous women in Indonesia in accordance with the principles agreed upon by Indonesia in the Sustainable Development Goals in 2030. Method: This study is a type of descriptive qualitative research in which various qualitative data obtained from the study literature were examined and then described descriptively in order to reach a conclusion. Result: The results of the study concluded that gender equality, particularly for indigenous women in Indonesia, had not been properly implemented because the division of inheritance, position, and political rights of indigenous women in various regions of Indonesia had not shown justice. Indonesia also still has some unresolved tasks until now, for example, the policy of strengthening international principles to protect indigenous peoples and indigenous women such as the principle of Free, Prior, and Informed Consent (FPIC) and the Ratification of the Bill on Indigenous Peoples which is expected to accommodate indigenous women's rights in Indonesia. Conclusion: Based on the discussion above, it can be concluded that gender equality has not been properly implemented in Indonesia, particularly for indigenous women, because research findings show that the division of inheritance, position and political rights of indigenous women in various regions of Indonesia has not received justice. Indonesia also has several responsibilities that have yet to be completed, such as policies to strengthen international principles to protect indigenous peoples and indigenous women.

The relevance of international restoration principles for ecosystem restoration practice in Rwanda

The restoration of degraded ecosystems is considered a key strategy to contribute to ecological integrity and human well‐being. To support restoration practice, 10 “Principles to guide the UN Decade on Ecosystem Restoration 2021–2030” were conceived through a consultative process and put forward by a group of leading international restoration actors. The extent to which these principles can inform successful restoration activities on the ground, however, remains largely unknown. Using a combination of qualitative and quantitative data collection methods, we probed 32 stakeholders who plan, manage, and implement restoration in Rwanda to elicit which factors they perceive as most important for successful restoration based on the UN Decade principles. Using the Q‐methodology, we discovered that participants overall agreed that the UN Decade principles are relevant to inform successful ecosystem restoration in the study area. Further, the Q‐study revealed three distinct groups of stakeholders with different priorities in terms of opinions on restoration aims, stakeholder involvement, and relevant spatial scales. Based on semi‐structured interviews, we identified four considerations for successful restoration that require special attention in future restoration interventions in the study area: (1) restoring historical conditions, (2) collecting baseline data, (3) increasing local communities' sense of ownership, and (4) pursuing a long‐term vision for restoration activities. To address these considerations and thereby harvest the potential of ecosystem restoration to benefit both people and nature in the long run, diverse stakeholders with different priorities for restoration need to come together to discuss possible differences in their perceived priorities, perspectives, and approaches.

IN-SITU ԵՎ EX-SITU ՍԿԶԲՈՒՆՔՆԵՐԻ ՎՐԱ ՀԻՄՆՎԱԾ ԺԱՌԱՆԳՈՒԹՅԱՆ ՊԱՀՊԱՆՄԱՆ ՄԻՋԱԶԳԱՅԻՆ ՓՈՐՁԸ ԲԱՑՕԹՅԱ ԹԱՆԳԱՐԱՆՆԵՐՈՒՄ / INTERNATIONAL EXPERIENCE OF HERITAGE CONSERVATION IN OPEN-AIR MUSEUMS BASED ON THE IN-SITU AND EX-SITU PRINCIPLES

The article presents the activity features of different open-air museums, which have been formed within the 130 years of existence of these types of museums to ensure the protection, reproduction, and modeling of unique historical and cultural landscapes. The historical and cultural landscape is a result of the joint creation of man and nature, which is characterized by a clear territorial organization in which the natural and man-made elements form an inseparable whole, forming a unique natural and cultural complex. Such complexes, as a rule, show the evolution of certain ethnic groups and their settlements, which took place under the influence of various external and internal, favorable and unfavorable, climatic and social factors. Today, historical and cultural landscapes are the most important heritage objects of different regions of the world, whose preservation and modernization are carried out through open-air museology. The open-air museum itself presents a special format of a museum institution, which gives visitors the opportunity to immerse themselves in the historical atmosphere of past eras while appreciating the result of the harmonious and creative coexistence of nature and man. The study of this type of museum is especially important in the context of cultural component management, for which the international legal principles of in-situ and ex-situ preservation of cultural heritage are applied. These principles have received normative support through the ratification of a number of intergovernmental acts and convention

Political violence against women in the international and domestic system: the Cooperative Constitutional State on focus

The present article aims to analyze and defne the crime of gender political violence, in the context of the Cooperative Constitutional State approach and the radiating effect of human rights, evaluating the challenges in applying the existing normative related to gender political violence and how it can be interpreted to better protect victims. The method chosen was bibliographic and documentary content analysis and interpretation of the data to identify relevant patterns and themes. As a conclusion, the hypothesis that authorities in charge of enforcing gender political violence laws should consider human rights protection and accountability of perpetrators as key objectives was confrmed. This should happen by integrating international human rights principles into legislation to ensure that laws are consistent with international norms, in a performance that assumes the importance of cooperation between state agencies and civil society in the protection of these rights.

Prescriptive Pricing and Stabilisation Clauses in Investment Agreements

‘Prescriptive’ pricing methods, which employ reference prices and fixed margins for tax purposes, have gained prominence as a pragmatic approach to combatting commodity trade mispricing and tax evasion, especially for countries with limited tax administration capabilities. While these methods hold promise for facilitating enforcement, reducing administrative burdens, and curtailing abusive tax avoidance practices, concerns have arisen about their potential deviation from established international rules and principles. The perceived risk of legal liabilities and investor claims, including ‘unfair treatment’ under investment treaties, acts as a significant uncertainty factor in the adoption of such methods. Thus, the present chapter addresses the legal aspects of ‘prescriptive’ pricing methods within the parameters of international investment law, offering a multifaceted perspective on challenges involving the scope of defence arguments that states can mobilise under international investment law to justify such methods and exploring the right and duty of states to regulate corporate conduct and economic activities under human rights law, as well as the practical limitations to this approach in present lawmaking practices.

Crises of the international legal system and their role in developing principles and norms of international law: Retrospective analysis

The article examines the influence of international legal system crises on the establishment and advancement of generally recognized principles and norms of international law. It is shown that the causes of crisis phenomena in international law can include inconsistency of the norms of international treaties and customs with the proclaimed principles of international law, poor regulation of the critical issues of the world community’s life and its institutions; non-implementation of the enshrined principles because of the lack of political will or imperfection of international legal mechanisms. On the example of the principles of conscientious fulfillment of international obligations, the sovereign equality of states and respect for the rights inherent in sovereignty, non-intervention in the internal affairs of states enshrined in the 1945 United Nations Charter, it is shown how the principles undergo changes in different eras, resulting in shifts in emphasis and enabling the evolution of international legal regulation. The terminological discussions, which have spanned centuries, leading to a wide range of interpretations regarding the fundamental principles and norms of international law, including the concept of general recognition, are considered. It has been concluded that numerous principles of international law were established to address crisis situations in international legal affairs. However, sometimes, these principles can inadvertently exacerbate conflicts, as evidenced by the Europe-America tensions in the 19th century. The primary areas of development for the international law principles are revealed: the alignment of specific principles in different international law branches with generally recognized principles and norms, the interplay between principles across different international law branches, which is crucial for regulating a substantial portion of international legal relations and the consolidation of judicial practice from international justice bodies.

Бронхіальна астма як професійне та екологічно-обумовлене захворювання: сучасні погляди на проблему згідно рекомендацій міжнародної організації праці 2022 року

Abstract. According to the International Labour Organization (ILO), the annual incidence of occupational bronchial asthma (OBA) ranges from 12 to 300 cases per million workers. Unlike in European countries, bronchial asthma in Ukraine remains an «under-recognised» occupational disease, accounting for less than 0.2 % of occupational pathology. The aim of the study: to analyse the algorithm for diagnosing and recognising bronchial asthma as an occupational disease according to the ILO 2022 recommendations, to compare its main provisions with the current one in Ukraine in order to adapt the system of registration of OBA to the requirements of the European Union because of the European integration process. Materials and methods. An analytical review of scientific publications using the abstract databases of scientific libraries PubMed, Medline and text databases of scientific publishers PubMed, Central, BMJ group and other VIP databases. The main legislative documents of Ukraine and the ILO regulating the process of recognising occupational diseases were analysed. The methods of system and content analysis were used. The results. Population risk assessments show that the development of 9–15 % of asthma cases in working population is directly related to exposure to harmful factors in the workplace. The risk of disease development is significantly increased due to air pollution with chemical and toxic substances as a result of hostilities in Ukraine. A comparative analysis of the international principles of diagnosis and recognition of bronchial asthma as an occupational disease with a similar system in Ukraine revealed significant differences: Ukrainian documents do not contain important information on the properties of various forms of chemical compounds, their toxicological profile, the minimum duration of exposure that causes an occupational disease, and the latency period. The lack of reference to these legally defined indicators affects the objectivity of diagnosis, the unification of diagnoses, which leads to a distortion of statistical indicators of occupational morbidity in Ukraine. Conclusions. The system of diagnosis and recording of occupational diseases, including OBA, should be improved according to the current ILO 2022 recommendations because of the reintegration processes of Ukraine’s accession to the European Union. Key words: occupational bronchial asthma, sensitizers, irritants.

The Obscure Nature of Plea Bargaining in Domestic and Intimate Partner Violence (IPV) Crimes in Uganda: The Accused-Victims’ impugned Right to A Fair Hearing

The Uganda Plea Bargain Rules [the Rules] allow victims to participate in plea negotiations, which aligns with the international principle of the need to capture the victims’ voices in decision-making.[1] Victim participation can be from two viewpoints: the complainants as victims and the accused as both victims and perpetrators. The paper underscores the latter victims’ concerns, arguing that the accused can also be victims of the same offences they commit, orchestrated by domestic violence, in several ways: as victims of an act(s) of violence from their partners—the primary complainants (or victims) in their charges; or as victims of violence orchestrated by their partners, which cascades to their innocent loved ones—also as primary (or victims) in their charges, but regarding this category, some die or are affected immensely. These accused, as victims, have a high propensity to plea bargain in self-conviction, to come to terms with the reality of their offences, irrespective of guilt, involuntarily, equivocally, when not well-informed, and when their convictions are not fully factual-based; contravening the international standards of a plea bargain. This lapse fundamentally flaws their right to a fair hearing as this paper highlights. In a case study of Uganda’s High Court bargained trials from 2014 to 2021 entitled: An Accused’s Self-Conviction to End Trial? Plea Bargaining and the Right to A Fair Hearing in Uganda,[2] analysis of 66 convicts (45 men and 21 women) narratives revealed that 20 (30.3 %) conflicted with the law after domestic related squabbles. They wrangled with either a wife, girlfriend, boyfriend, father of their children or husband. Seventeen (85%) were later charged with egregious offences, mostly murders, stemming from these situations, with the majority having a history of a cycle of violence. They all plea bargained, regardless of gender or literacy levels. Gender-related roles and spaces compelled mothers to plea bargain as nurturers and fathers to plea bargain as family heads, irrespective of guilt. Justice Actors seem blind to the causes that compel such accused victims into criminality. This paper suggests reforms towards their protection, calling for the courts thorough inquiries to justify their convictions.

Is “Conservation in Ruin” Always the Best Solution? The Case of the Romanesque Church in Gârbova

Is “Conservation in Ruin” Always the Best Solution? The Case of the Romanesque Church in Gârbova. As the leading institution in charge of built heritage protection in Romania after 1952, the Directorate of Historical Monuments (DHM) took essential steps in funding, designing, and conducting various conservation works on sites endangered by earthquakes, looting, improper use, or defective historic restorations. Partially demolished by the local community in the previous centuries and seriously affected by neglect, the Romanesque Lutheran church in Gârbova, Alba County, was in the 1960s on the verge of collapse. After a thorough cause analysis, the DHM managed to prevent disaster by undertaking a rescue intervention in line with the international trends of the time. Thus, the site became one of the first DHM projects to design the preservation of a church in a state of ruin rather than its complete reconstruction. Part of our more extensive research on Transylvanian heritage conservation during the Communist regime of the 20th century and based on previously unpublished information found in the archives of the National Heritage Institute, our study aims at showing that despite DHM’s best intentions, the church lost the chance to be more than a romantic ruin to these days. By rigidly applying the international restoration principles, the Directorate disregarded the parishioners’ will, even though this was one of the very few examples where the owner was still interested in the monument and even suggested its adaptive reuse as a funerary chapel due to its location in the village graveyard. Keywords: Gârbova, Romanesque church, conservation, ruin, 1960s.