International Rights Research Articles

Scientists and scientific journals should adhere to ethical standards for the use and reporting of data from Indigenous people.

Internationally, governments and scientists are bound by legal and treaty rights when working with Indigenous nations. These rights include the right of Indigenous people to control the conduct of science with Indigenous nations. Unfortunately, in some cases, individual scientists and scientific teams working with biological and genetic data collected from Indigenous people have not respected these international rights. Here, we argue that the scientific community should understand and acknowledge the historical harms experienced by Indigenous people under the veil of scientific progress (truth) and implement existing standards for ethical conduct of research and sovereign control of data collected within Indigenous communities (reconciliation). Specifically, we outline the rationale for why scientists, scientific journals and research integrity and institutional review boards/ethics committees should adopt, and be held accountable for upholding, current international standards of Indigenous data sovereignty and ethical use of Indigenous biological samples.

Socioeconomic Factors Determining Multidimensional Child Poverty Groups in Central America: A Measurement Proposal from the Wellbeing Approach Using a Comprehensive Set of Children’s Rights

This article aims to show that multidimensional child poverty (MCP) is determined by several socioeconomic factors that influence the formation of stratified groups of poor children under five years of age living in Central America. This study advocates for a comprehensive set of children's rights with the purpose of addressing the different facets of child poverty from the perspective of child well-being, in order to estimate the incidence of MCP, by including multiple childhood deprivations and socioeconomic determinants. Child-specific indicators and household deprivation indicators are considered in the estimation of MCP. The study also states that child poverty is a complex concept, which includes the various types of deprivations experienced by children in the Central American societies and their deprivations are considered as the denial of children’s rights. Therefore, the MCP is estimated based on a conditional latent class analysis that includes not only manifest deprivation variables, but also socioeconomic determinants that help to better predict the incidence and probabilities of children being multidimensionally poor according to different poverty strata. The socioeconomic factors that show high risks of MCP are rural areas, indigenous children, young mothers and low levels of education attained by the head of the household, among others. One of the reasons to investigate the MCP for Belize and El Salvador is because there are few studies that address this problem for these countries and this research sheds light on the characteristics of early childhood poverty. The results indicate that the incidence of MCP is 49% in Belize and 76% in El Salvador. The research work concludes that the International Rights of the Child provide the opportunity to implement comprehensive social policies in Central America to eradicate child poverty.

From Global Principles To Local Realities: Safeguarding Indigenous Rights In International And National Law

From Global Principles To Local Realities: Safeguarding Indigenous Rights In International And National Law

Recognition of Governments and the Case of the Taliban

Abstract This article examines the implications of the largely unexplored, yet very insightful, practice of a broad and divergent group of States concerning recognition of the Taliban, in order to contribute to the understanding of various aspects of the question of recognition of governments. Disregarding their long-standing policy of not making express statements on recognition of governments, many States put forward certain conditions for the Taliban to meet to gain recognition. Based on the arbitrary and idiosyncratic nature of these conditions, the article shows the difficulty of explaining recognition decisions by generally applicable criteria, and further establishes that the Taliban case constitutes another setback for the emerging doctrine of democratic legitimacy. Illustrating a wide range of possibilities of engagement with an unrecognised government, the article also shows that treatment, or acknowledgement, and recognition of an entity as government are two different phenomena, and demonstrates the possibility for “recognition” to be stripped of any legal or practical meaning in a given case. The article also shows that the claim that, regardless of being recognised, a general de facto government is entitled to exercise the State’s international rights and obligations does not seem well established in international law. Though some States accepted the Taliban as such, part of the international community rather alluded that the Taliban bore certain international obligations as a non-State actor, rather than on behalf of Afghanistan. The article also examines the status of unrecognised de facto governments before domestic laws, and demonstrates, among others, States’ flexibility towards such governments’ right to access State property abroad, despite the contrary national practices in the past.

Unrecognizing Refugees: The Inadmissibility Scheme Replacing Article 1F Decisions in Canada

Abstract This article examines the interwoven relationship between article 1F (the exclusion provision) of the 1951 Refugee Convention and the inadmissibility scheme based on the grounds of security, violation of human or international rights, serious criminality, or organized criminality (SHSO) in Canada. Incorporating evidence from a literature review, case law, statistics, and interviews conducted with practitioners in Canada, this research demonstrates that Canada deliberately chooses to review the cases of refugee claimants about whom there are serious reasons to consider that they have committed grave crimes under the inadmissibility scheme rather than under article 1F. Accordingly, the article argues that the exclusion provision in Canada, through practice and with an intentional design, has turned into the inadmissibility proceeding. This shift from the exclusion provision to the inadmissibility scheme is problematic since using the broader SHSO grounds instead of article 1F violates Canada’s international obligations under the Refugee Convention.

The Effect of ’One China’ Policies of Foreign States on the International Status of Taiwan

ABSTRACT This article investigates the cumulative effect of ‘One China’ policies of foreign states on the international status of Taiwan. It argues that these policies have come to constitute a global diplomatic framework marginalizing Taiwan legally, institution- ally, and politically, turning it into a de facto state with only limited international rights. Still, adhering to the notion of ‘One China’ is Taiwan’s most viable option for maintaining its de facto independence. Any unilateral attempt to alter Taiwan’s interna- tional status can be expected to result in Taiwan facing main- land China alone. This is not simply because of the latter’s power and geopolitical weight: International society has been oppos- ing unilateral changes of statehood for more than 60 years. Since at the root of cross-strait antagonisms is the lack of an agreed-upon ‘One China’ framework, the most favorable path forward for Taiwan is a comprehensive long-term bargain with mainland China that would expressly define and stabilize it. The framework should be grounded in the shared feature of the constitutional status quo on both sides of the strait – that there is, legally, one Chinese state.

Broadening the life course framework: the implications of the Charter for the Rights of Children yet to be Conceived proposed by First 1000 Days Australia

AbstractThis article examines the unique propositions within the ‘Charter for the Rights of Children yet to be Conceived’ posited by First 1000 Days Australia. It argues that the Charter's pioneering focus on preconception conditions significantly broadens the life‐course framework for early childhood, challenging traditional rights frameworks that typically commence at birth. The Charter's tenets, their implications, and their relation to international rights frameworks are also discussed. The Charter for the Rights of Children yet to be Conceived expands the landscape within which family therapists can explore not just cultural inclusivity, but an inclusion of imagining what sort of world, future, and family we want for children yet to be conceived; and what we imagine these children would want from us for this to be achieved.

Publisher the Georgian Press during the Years 1914-18

The objective of our research is the assessment of those materials fromthe years 1914-18 from the Georgian press, which highlight the protectionof human rights and peace during the four year period of First WorldWar, the need for the creation of International Organizations and theirinfluence on international processes. The analysis of the Georgian pressitself based on this assessment and its influence on the formation of publicopinion.The Georgian press, due to the violation of the neutrality of Belgium byGermany and considering the scope of the war, highlighted and focusedon the defense of International rights and their implementation in reallife. With the popularization of this issue, the press showed the necessityof defiance of those international norms and acts that were just startingto emerge in the beginning of century.In Georgian historiography, materials published in years 1914-18 inGeorgian press regarding the International Organizations during theFirst World War are not yet fully studied, covered and highlighted. Dueto the abovementioned, the presented article represents an honorable attemptto partially fulfill this gap.

THE INTERNATIONAL LEGAL RESPONSIBILITY OF A HOST STATE FOR THE DESTRUCTION OF FOREIGN INVESTMENT LOCATED IN ITS TERRITORY ICSID: Award, Individual Opinion and Declaration in American Manufacturing & Trading Incorporated v Republic of Zaire 36 ILM 1531 (19

In recent years on the international stage, it has become very common practice for developing countries, eager to attract the flow of private foreign direct investment capital into their economies, to conclude Bilateral Investment Treaties (BITs) with the developed capital-exporting countries. Recent studies have estimated that, since the 1980s, well in excess of 900 such treaties have been concluded. This note examines the international rights and duties of the contracting parties to one such treaty which was concluded between the United States of America and the then Republic of Zaire, now known as the Democratic Republic of Zaire. It discusses the nature of the international legal responsibility which Zaire as a host state owes foreign nationals and their corporations which invest in her territory under both customary and conventional international law. It is firmly concluded that host states such as the Republic of Zaire clearly act in breach of their international legal responsibilities when they fail to put in place the necessary measures and environment for the protection and security of foreign nationals, their investments, and properties located in the territory of the host state. The note further states that in this area of public inter-national law, it is generally agreed that there is an international minimum standard which applies and a host state cannot rely on its own municipal law and practice which falls below the standard of international law.

Institutionalization of human rights to health care in the international legal space

Work analyzes international and national legal documents related to the moral right to health and the obligations of states to ensure it. International health law includes the right to health care as one of its constituent parts. The state's concern for the health of its citizens is not only related to the problem of improving health, but also to other fundamental norms of international human rights law, such as dignity and equality, which require the provision of basic medical care and the fair distribution of all resources Health Care. The conditions for ensuring the highest attainable level of health and their connection with the level of socio-economic development of the state, the availability of resources and opportunities for international cooperation are analyzed. International law on human rights to health focuses on the social determinants of health. Many social determinants of health, including education and water, are separate international rights. Components articulating other recognized rights, clearly related to the right to health, limit the scope of its possible realization. Expanded access to health care does not correlate with the normative goals of the right to health, and health care is not a strong causal factor in achieving it, at least compared to many social determinants of health. However, universal access to health care is a valuable asset for ensuring the realization of the right to health, so most states have enshrined the right to health (in one sense or another) in their basic laws. It is no accident that the declaration on health care (or "right to health") is enshrined in most modern constitutions, which in itself gives this right a special social and legal status, taking into account the importance of the basic law in the hierarchy of regulatory acts of any country. Such a legal arrangement does not always mean the possibility of actual realization of the right to health care, this is largely facilitated by the political, economic and cultural conditions of a particular country.

Direct-to-Video (On Demand): New Industrial and Cultural Valuations of Nontheatrical Film Releases

Direct-to-Video (On Demand): New Industrial and Cultural Valuations of Nontheatrical Film Releases

Methodology of scientific knowledge of processes of globalization and transformations as factors of development and universalization of human rights of new generations

Globalization processes and transformations are revealed as an objective trend of internationalization of various branches of today’s life at the international level, the formation of new legal relations at the level of national and international rights in thisirreversible process and their close interconnection and complementarity, the formation of the rights of a new generation.The understanding of these processes and their consequences is facilitated by the methodology of scientific knowledge as a paradigm of the historical development of human civilization.It has been established that globalization processes and the emergence of new human rights are dialectically interconnected, complementary and interdependent in the development of human civilization, the formation of new sociolegal institutions of peaceful coexistence and development without any discrimination. It has been determined that globalization is a drivingdominant factor in the evolution of human rights in the direction of: 1. Transformation of existing rights. 2. Development of new rights with expanded content. 3. Recognition and consolidation of new rights. 4. Universalization of new and transformedrights at the international level. 5. Innovative approaches to improving the mechanism of rights implementation and their protection at the international level. 6. The formation of new legal institutions based on the principle of partnership and parity with the aim of coexistence/coexistence and the development of human civilization without various types of discrimination and solving problems that have signs of a global level and planetary challenges.Thus, the theory of globalism/globalization has taken a significant place in modern science and politics. The understanding of globalization should be carried out with the same understanding of its significance for world development in the 21stcentury as capitalism for the 19th century and imperialism for the 20th century. These are deep processes transforming the world of law.

Jerusalem in the contents of the deal of the century “contents and analysis”

Jerusalem in the contents of the deal of the century “contents and analysis”

International institutional guarantees of the realization of the right for safe life and healthy environment in Ukraine

The article is devoted to the issue of international institutional guarantees for the realization of the right to an environment safe for life and health in Ukraine.
 The author's definition of the concept of "international institutional guarantees of the realization of the right to an environment safe for life and health in Ukraine" is formulated as a mutually agreed whole set of authorized subjects and their activities, which aims to effectively ensure the proper practical implementation of the opportunities established by the norms of the international rights, citizens of Ukraine, foreign citizens or subjects, stateless persons, and their communities, personally or through the organizations created by them, and other authorized subjects, in order to satisfy their own needs and interests in the sphere of environment safe for life and health in Ukraine.
 The following elements of international institutional guarantees for the realization of the right to an environment safe for life and health in Ukraine have been identified:
 - the UN and its relevant structural divisions and officials.
 - The Council of Europe and its relevant structural subdivisions and officials.
 - OSCE and its relevant structural divisions and officials.
 - International mixed intergovernmental commissions with the participation of Ukraine, created on the basis of bilateral agreements of Ukraine.
 - International bodies created on the basis of multilateral agreements with the participation of Ukraine.
 - International non-governmental organizations, in particular: Greenpeace, World Wildlife Foundation.
 - International business companies.
 Modern trends in the development of Ukraine as a democratic and legal state necessitated qualitative changes in the mechanism of ensuring the realization of human rights, including the system of realization of the right to an environment safe for life and health in Ukraine. Ensuring the effective functioning of international institutional guarantees for the realization of the right to an environment safe for life and health in Ukraine is a guarantee of the further democratic development of Ukraine, demining the territory of Ukraine, and an important element for the effective functioning of the system of natural human rights in Ukraine, among which the important the right to an environment safe for life and health.

Conceptualization and socio-economic scientific problems of inclusive education: international legislation, experience of EU and Ukraine

Introduction. The research of inclusion, development and formation of inclusive educational and training environment take place in the discourse of education and scientific, socio-economic paradigms, taking into account the international rights, freedoms and values of EU. The basis of the inclusive education development is the human-centered model, social needs, and also value of human resources and human capital, which are laid down in the EU documents and programs. The purpose: on the basis of on the basis of the analysis of studies of the conceptual features of the development of inclusive education, international legislation and cases of the formation and development of inclusive education, identify practical value and develop recommendations for the development of inclusive institutions in the discourse of the development of international law and international economy, cases of international institutions, as well as in the context of the economic efficiency of preservation human capital. Methods. The methods of analysis, synthesis, sampling and mathematical calculations of the development effectiveness of human capital in conditions of inclusion were used in the study. The results. In the context of the inclusive education, inclusive learning, scientifically based theoretical and practical resources for learning and teaching development, in which the main focus is aimed at the development of inclusive educational environment in the discourse of international cases and initiatives, are analyzed. Socio-economic and financial-psychological mechanisms of inclusive institutions of professional pre-higher and higher education of national importance socialization are revealed, which is a process of active, therefore selective, coordinated with the system of own needs and values in the field of economy, internalization of economic social values, the process of active involvement of the student as of an individual into the system of educational and scientific and socio-economic relations.

Simulation of the development of the resource potential of the regional spatial-economic system under the conditions of the state of war and post-war recovery

Russia's war against Ukraine continues to deepen the processes of the global crisis caused by the COVID-19 pandemic. Violation by the aggressor country of all international rights and norms aggravates Ukraine's humanitarian and ecological disaster. At the same time, there is a threat to food security in the economic sphere of regional spatial and economic systems. Ensuring the formation of sufficient resources for restoring the economy of spatial-economic systems in martial law and post-war reconstruction remains a problematic issue. Therefore, creating models of forming spatial-economic system component resources and modeling behavior under different conditions is quite relevant and timely. The article's purpose is simulation modeling of developing the regional spatial-economic system's resource potential in martial law and post-war reconstruction conditions. Modeling of improving the efficiency of the use of the possibility of small business in ensuring war economic recovery was carried out, using a multifactorial dynamic model, the use of which allows determining the degree of influence of the effectiveness of the use of its constituent elements (labor, material, and technical, financial, innovative and infrastructural potential) on the leading indicators of post-war recovery, which makes it possible to identify the features of these components and allows them to be adapted to increase the efficiency of its use. The sustainable regional agricultural production model based on resource-saving and environmental protection technologies in martial law and post-war reconstruction is substantiated. Modeling of the post-war restoration of the tourist and recreational potential based on the development of aquaculture has been implemented, which allows determining the possibilities of the synergy of the restoration of the tourist and recreational potential on the main principles (ecosystem preservation, economic efficiency, and development of regional management) and integration processes, determining promising results for all subjects management Simulation modeling of the development of the regional investment potential in the conditions of martial law and post-war reconstruction was carried out. Keywords: simulation modeling, resource potential, regional spatial-economic system, martial law, post-war reconstruction

ПОНЯТТЯ ТА ОЗНАКИ ВОЄННИХ ЗЛОЧИНІВ У МІЖНАРОДНОМУ КРИМІНАЛЬНОМУ ПРАВІ

The article examines the norms of current international criminal law, from the standpoint of the lack of a conceptual definition of the concept of "war crimes", which, in turn, is a gap in international law. Considering war crimes from the current point of view, given the accumulated positive scientific achievements and law enforcement practice, it is reasonable to define them as gross violations of international humanitarian law committed during armed conflicts (international and non-international), entailing individual criminal responsibility for international right. It is clarified that war crimes are a type of crime against the peace and security of mankind, in connection with which they have common features for these crimes: increased degree of public danger; the orientation of such criminal acts on the interests protected by international law; their criminalization and punishment are carried out in accordance with international law. It is proved that war crimes are characterized by special (peculiar only to them) features: it can be committed only during an armed conflict; the object of encroachment is the procedure of armed conflict established by international law and the security interests of persons (individuals) protected by international law; gross nature of the violation; the consequences for the rights and interests protected by international humanitarian law; peculiarities of the subjective side - along with the features inherent in all crimes against peace and security of mankind, it is necessary for the perpetrator to be aware of the fact of armed conflict; the perpetrator of a war crime must be aware of the factual circumstances that indicate the protected status of persons - victims of the crime. Given these special features of war crimes, their detailed definition is proposed: socially dangerous, criminal acts committed during armed conflicts (international or non-international) that encroach on the established by international humanitarian law, the interests and security of defenders, and entail individual criminal liability in accordance with the rules of international criminal law.

A New Framework for Research Supply and Demand Using Text Analytics

Numerous research studies are conducted annually, and many researchers look for them in the scientific databases. In order to manage the research ecosystem, it is necessary to have sufficient knowledge about the research supply and demand. This study proposes a novel expert-independent framework to investigate the research supply and demand among the huge number of studies. In this framework, the combination of quantitative, bibliographic, and content analysis methods is applied via text mining techniques. To evaluate the proposed framework, environmental data from the Iran scientific information database is used (Ganj) <sup xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">1</sup> as a rich database. It includes more than 513,000 supplied records and more than 78 million search queries as the research demands. To analyze the research supply and demand, the research topics are extracted via the topic modeling approach from both the supply and demand side. The results showed that the educational category of environmental studies is moved from medical science to engineering in the last decades. Moreover, the gap analysis between research supply and demand identified “Extraction” and “Tourism” as hot topics, “Education,” “Management,” and “Culture” as cold topics, “Soil” and “Energy” as silent topics and finally, “International Rights” and “River” as gap topics. The findings can support environmental policymakers and research managers in making decisions and identifying environmental research needs and priorities. The proposed framework for other research areas can be used to examine and balance research supply and demand.

Challenges to globalisation and the impact on the values underpinning international sport agreements

ABSTRACT Accompanying the spread of sports as a global business and a political/diplomatic resource have been attempts to underpin the organisation and practice of sports with a set of Kantian values that maintain its economic/cultural utility while also protecting the rights and dignity of key stakeholders, especially athletes. In recent years, there has been growing evidence of challenges, at both the grassroots and corporate/governmental level, to the globalisation of liberal Enlightenment values. This paper addresses three research questions: 1) to what extent are the Kantian values that underpin international rights conventions such as the Universal Declaration of Human Rights under threat from anti-globalisation pressures; 2) to what extent are these challenges evident in sport and 3) how secure are the liberal values that underpin international sports documents/agreements such as the Olympic Charter, the WADA Code, the Brighton Plus Helsinki 2014 Declaration on Women and Sport and the Universal Declaration of Player Rights? It is argued that the challenges are substantial and have significant consequences for the values underpinning global sport. The focus of analysis is on three elements of the global sports infrastructure: international sports agreements/declarations, national identity politics and international sports organisations. It is argued that the strength of the challenges is undermining the values on which global sport has been built either by attempts to redefine core liberal values or by simply ignoring them. The same countries that are seeking to undermine global human rights conventions are also reluctant to be bound by sports-related institutions and conventions.

La Promoción del Trabajo Decente en Virtud del Objetivo de Desarrollo Sostenible N. 8

El presente trabajo analiza el objetivo de desarrollo sostenible n. 8, desde la perspectiva de la configuración del trabajo decente como garantía del crecimiento sostenible. Se analiza la naturaleza y los efectos de dicho reto de la sociedad, amparado por la Agenda 2030 y se tiene asimismo en cuenta su relación con otros objetivos de desarrollo sostenible en atención al carácter transversal e interdisciplinar de dichos objetivos. Se trata de un acercamiento al desarrollo económico con sensibilidad social, que vincula la defensa del trabajo digno con los derechos fundamentales internacionales, en especial, la igualdad y la justicia social.