Legitimate Basis Research Articles

ابعاد التطهير العرقي ضمن توصيفات النظام الدولي الجنائي للجريمة الدولية

اجتاز تجريم الانتهاكات الخطيرة التي تلحق بالإنسان مراحل مهمة من تاريخ البشرية ابرزها كانت في القرن العشرين , خاصة بعد محاكمات نورمبرغ 1945 وطوكيو 1946,مرورا بمحاكمات يوغسلافيا السابقة 1993 ومحاكمات رواندا 1994 انتهاء بوضع النظام الاساسي للمحكمة الجنائية الدولية الدائمة 1998 ,حيث تم وضع الحجر الاساس لبدايات قانون دولي جنائي لملاحقة الاشخاص الذين يرتكبون جرائم على مستوى التصنيف الذي اعتمده في الوقت الحاضر ,متمثلة في جريمة الإبادة الجماعية ,والجرائم ضد الإنسانية ,وجرائم الحرب ,محددا معنى واركان هذه الجرائم , والتي يمكن وصفها بالجرائم المعيارية لها محددات معينة تطورت من خلال اجتهادات المحاكم الجنائية الدولية على اختلافها مع ما كان منصوصا عليه في الاتفاقيات والاعراف الدولية ,تستقر على قاعدة الشرعية الجنائية التي لا يمكن للقانون الجنائي الدولي ان يخرج عنها وان اتسمت بمرونة نوعية عن تلك السائدة في القوانين الوطنية. لكن للأسف لم تكن هذه الجرائم هي وحدها التي تتسم بالوحشية والخطورة على الانسان والمجتمع ككل بل رافقتها في كل حين جريمة شغلت اهتمام المجتمع الدولي , وهي التطهير العرقي سلط الضوء عليها بدايات التسعينيات من القرن العشرين والتي كانت محور لإشكالية مهمة في القانون الدولي الجنائي بانها لم تندرج بصيغة صريحة أو مكتوبة أو عرفية فيه. مما فتح مجال تكييفها ضمن الجرائم الدولية الثلاث المعيارية ما اثار جدلا بين موافق ورافض .

Commentary

Commentary

Responding to Socioeconomic Diversity in the European Union (and to Steven Klein’s Essay) with Democracy-Enhancing Conflicts Law

Responding to Socioeconomic Diversity in the European Union (and to Steven Klein’s Essay) with Democracy-Enhancing Conflicts Law

Is That Lawful? Data Privacy and Fitness Trackers in the Workplace

Data collected from fitness trackers worn by employees could be very useful for businesses. The sharing of this data with employers is already a well-established practice in the United States, and companies in Europe are showing an interest in the introduction of such devices among their workforces. Our argument is that employers processing their employees’ fitness trackers data is unlikely to be lawful under the General Data Protection Regulation (GDPR). Wearable fitness trackers, such as Fitbit and AppleWatch devices, collate intimate data about the wearer’s location, sleep and heart rate. As a result, we consider that they not only represent a novel threat to the privacy and autonomy of the wearer, but that the data gathered constitutes ‘health data’ regulated by Article 9. Processing health data, including, in our view, fitness tracking data, is prohibited unless one of the specified conditions in the GDPR applies. After examining a number of legitimate bases which employers can rely on, we conclude that the data processing practices considered do not comply with the principle of lawfulness that is central to the GDPR regime. We suggest alternative schema by which wearable fitness trackers could be integrated into an organization to support healthy habits amongst employees, but in a manner that respects the data privacy of the individual wearer. Fitness Trackers, GDPR, Privacy, Data Protection, Employment, Principle of Lawfulness, Fitbit, Apple Watch

Post-Modern Narratives and the Paradigm of Efficiency: participatory democracy on the yellow brick road

This paper aims to demonstrate how the post-modern narratives contributed to the formulation of distortions in the paradigm of efficiency and democracy. Regarding the methodology, the deductive method was applied, with bibliographic analysis, studying the theoretical context of post-modernity, to understand its consequences. We conclude that democracy must rescue constitutionalism as a basis for legitimacy, removing the demand for efficiency in this role, under consequence of weakening democracy itself. Therefore, the innovation of the text lies in establishing the systematization and correlation between postmodernity, efficiency and deliberative democracy.

Wildfires and Brazilian irrationality on social networks

Recent forest fires in Brazil and Australia have been the subject of irrational discussions on social networks without any legitimate scientific basis. These discussions often overlook or ignore fundamental questions about how limited government reactions, especially from the Brazilian government, to climate change affect these disasters. This article seeks to foster a discussion supported by data about climate change, the consequences of increased frequency of catastrophic weather events, and ways in which aggressiveness and ignorance via the internet and social networks do nothing to address the underlying issues.

The legal and legitimate rooting for the issue of alimony in the Iraqi Personal Status Law

Marital alimony is one of the inalienable rights of the wife over her husband according to the correct marriage contract, and it is one of the effects of the marriage contract, and this alimony has great importance in marital life and a prominent role in the stability of the family, which is the basic building block of society. The alimony comes in exchange for the wife's obedience to her husband And devote herself to manage her home and rearing her children .In recent times, some doubts have been raised about the feasibility and justification of alimony, as some feminist organizations considered Feminism it a means of humiliating women and a reason for the wife’s subordination to her husband. So she demanded to be removed from the law. The purpose of this research is to demonstrate the legal and legitimate basis for the issue of alimony, and the extent of the legislator’s authority to raise or amend it, with an indication of the legality and legitimately of the amendments made to the articles related to alimony in the Iraqi Personal Status Law under the Amendment Law No. (15) of 2008, and it’s through the statement of the verses, hadiths, and legal texts related to alimony, and the views of the jurists in their analysis and interpretation.

Social Basis of Democratic Legitimacy in Pakistan

This paper examines how the middle class supports democracy over any other political system in Pakistan. Building on the modernization theory literature, it argues that the middle class would be more inclined to accept democracy as a preferred form of the political system than any other form of government. The descriptive analysis of the World Values Survey (rounds 6 and 7) shows that three forth of Pakistanis still believe that democracy is a good system to govern the country. However, around half of them still consider that strongman rule is a good system, and approximately one third of them consider that army rule is a good system to govern the country. The results produced through logistic regression analyses suggest that the subjective middle class is more likely to support army rule; middle-income groups are more likely to support strongman rule in the country. Those with full-time employment status and who have achieved university education are more likely to support democracy. Support for any major political parties is either associated with a democratic rule or strongman rule but not at all with army rule.

Processing of personal data relating to the health of the data subject in a pandemic situation

This study offers a systematic, exhaustive and updated investigation of the declaration of the state of alarm and the processing of personal data relating to the health of citizens affected and/or potentially affected by the exceptional situation resulting from COVID-19. Specifically, it analyses the distinction between the state of alarm and the states of exception and siege and the possible effect on the fundamental right to the protection of personal data in exceptional health crisis situations and the effects that this declaration may have on the applicable regulations, issued, at a Community level. Next, and taking into consideration all the general and sectorial regulations applicable to data protection and health, we proceed to the analysis of the legitimate bases and the exceptions that, applicable to situations of health emergency such as the present one, enable the processing, taking into account the nature of the person who intervenes as the controller, making special emphasis on the public interest pursued by the Public Administrations and on the vital interest of the interested party.

Political transformations’ actors: foreign experience and Ukrainian practice

The article considers the image of a proactive political environment of transformations, which is widespread through the media and forms the basis of legitimacy of leaders and trust in it. The priorities of general modernization at the level of individual states are substantiated.The purpose of this article is to clarify the peculiarities of the activities of the subjects of political transformation against the background of foreign experience and Ukrainian practice.Research methods. The structural-functional method was used to analyze the diversification of power control and the loss of transformational "specialization" by some political entities; the method of comparison is used to establish the vector of modernization reforms of the political system and to formulate certain requirements and approaches to the identification of the subjects of transformation; the method of retrospective reconstruction for the analysis of modification of behavior of subjects of transformation, being guided by interests of realization of efficiency of management more, than program aspects of realization of modernizations of reforms.Results. An assessment is made of the level of success of modernization in a transformational democracy, which is possible only if all political actors are equally interested. It is proved that the context of modernization of the subjects of political transformations in the transforming countries needs conditions for full disclosure. Emphasis is placed on the new dimension of the functioning of the subjects of political transformations is their reflection and greater transparency and controllability of public authority in democratic and transition countries. The mechanisms of determining the directions of evolution of the subjects of political transformations within the framework of the functioning of the new media are revealed. The specifics of the ability of elites to influence the change of social and economic situation as one of the relevant evidences of their connection with the processes within the society and the information component of modernization are noted. The substantiation of the importance of awareness of the regulatory activities of elites and their impact on the situation means a certain prejudice against certain political forces, as one of the basic processes of institutionalization of modern political transformations.

Religious Values in Liberal Democracy

Religious values neither wholly threaten nor wholly reinforce the stability of liberal democracy. This depends upon how they may be interpreted and applied. The recent influence of Christian nationalists, who would promote a specific interpretation of Christianity as the only legitimate basis for public policy, and of those who would elevate religious liberty above all other rights, does not promote pluralism. Although people should be able to live out their religious commitments, it is the state, not individuals or private organizations, that must draw the line between the free exercise of religion and the civil rights of those who may be adversely affected by the religious exercise of others. First, religious rights may threaten other rights, particularly when reinforced with public funds. Second, religion makes valuable contributions to pluralism when it protects the conscientious beliefs and practices of individuals and of minority religious groups. Finally, concerning LGBT civil rights, individual religious believers should be accommodated as much as possible, but their organizations should be required to arrange for others without objections to provide services that are sought. Religion’s greatest contribution occurs when it is allied with movements that enhance individual rights, including but not limited to the free exercise of religion.

Peradaban Infrastruktur Ibnu Khaldun

Prophet Muhammad p.b.u.h., moved (hijrah) from Mecca al-Mukarramah to Medina al-Munawwarah, then founded the state of Medina by gathering the national strength of the Muslim, Christian and Jewish population with the identity of the Quraish, Auz, and Khazraj tribes. Caliph Ali bin Abi Talib moved the capital of the Rashidah Caliphate from Medina to Kufa, form Arab to the Persian region. Muawiyah bin Abu Sufyan chose Damascus as the capital of the Umayyah dynasty. Abu Abbas al-Safah placed the seat of the Abbasid dynasty in Baghdad. Furthermore, the Ottoman Empire had its capital in Istanbul. After turning into the Republic of Turkey, it occupies Ankara as the capital. Planning of moving the capital city of the Republic of Indonesia is from the Province of the Special Capital Region (DKI) Jakarta to the Province of East Kalimantan intended as an effort to equalize development that strengthen togetherness in a sense. The ideological, political, social, cultural and legal foundations serve as the basis of legitimacy in the historical footsteps of the Paser Kingdom and the Kutai Kartanegara Kingdom, as the center of government of the Republic of Indonesia. The theory of development ('umran), urban theory ('urban), and the theory of nationality ('asabiyah) put forward by Ibn Khaldun in the Muqaddimah have become methodological conceptions in studying maritime-based archipelago construction. This research shows the point of the new State Capital (IKN), in the archipelago network from Sabang to Merauke. A blueprint for the nation's journey that covers the dynamics of human resource potential in the natural resource management system of the republic of Indonesia.

EXPERIENCES OF RESTAURANT BUSINESS IN THE COVID-19: EVIDENCE FROM RAJSHAHI CITY, BANGLADESH

The restaurant business in Bangladesh has no institutional recognition. It has no mentionable business guidelines and juridical structures to combat any epidemic like coronavirus diseas-19 (COVID-19). Because of not having a legitimate basis this sector is suffering a serious financial crisis in the global pandemic. Revenues generating ability has drastically decreased when the government ordered for shutting down the non-essential organization to fight against the spreading the coronavirus. At the same time government also imposes stay order on various special programs like weeding, birthday, new-year celebration, and Iftar party which is directly related to restaurant business. This article, therefore, focuses on the impact of COVID-19 in the restaurant business in Bangladesh. Data were collected through purposive sampling method through a questionnaire. For analyzing the data the statistical package for the social science (SPSS) v. 24.0 was applied. Datasets were analyzed with a statistical tool named Pearson’s correlation coefficient (PCC). Descriptive statistics such as the frequency distribution and graph were also used for presenting and interpreting data. One sample t-test and dependent sample t-test were used to test the hypothesis. The COVID-19 decreases the revenues drastically (r = 0.904, p = 0.000). This is leading to the severe sufferings of workers and owners of the restaurants both fast food and general hotels, the restaurants and convention centers. This deteriorating condition will further be on the increase of the government incentives providing policy needs of the most vulnerable groups in the country in the coming months. Otherwise this small and medium sector will go out of the economy for sine die. From this research, it was apparent that if the educational institutions are not re-opened, the infections rate curve wipe out and the vaccine is not made the restaurant business will not see any good news for booming their business. Coordinated administrative systems, reinforce of the health sector, economy, industry, agriculture and food security should be focused on under the new normal standard of life.

A Stakeholder Analysis of Schistosomiasis Diagnostic Landscape in South-West Nigeria: Insights for Diagnostics Co-creation.

Background: Schistosomiasis, one of the neglected tropical diseases, is a water-based parasitic disease of public health importance. Currently, tests for Schistosoma haematobium infection either demonstrate poor specificity, are expensive or too laborious for use in endemic countries, creating a need for more sensitive, cheaper, and easy to use devices for the diagnosis of schistosomiasis. To ensure engagement during the process of device development; and effective acceptance and use after the introduction of diagnostics devices for S. haematobium, there is a need to involve stakeholders with varying power, interest, and stakes in device co-creation, as well as those relevant for later use situation in the diagnostic landscape. The main goal of this study is to identify and analyze relevant stakeholders for co-creation using a power-interest matrix.Materials and Methods: The study was based on an action research methodology using a case study approach. A contextual inquiry approach consisting of 2 stages: stakeholder identification and interview; and stakeholder analysis was used. The field part of the study was carried out in Oyo State, Nigeria using a multistage cluster purposive sampling technique based on the category of stakeholders to be interviewed predicated on the organizational structure within the state and communities. A mix of qualitative research techniques was used. Identified themes related to power and interest were mapped and analyzed.Results: We identified 17 characteristics of stakeholders across 7 categories of stakeholders important for schistosomiasis diagnostics. Most of the stakeholders were important for both the co-creation and adoption phase of the device development for diagnostics. However, not all stakeholders were relevant to co-creation. Key Stakeholders relevant for diagnostics co-creation demonstrated significant social power, organization power, and legitimate power bases. Most of the stakeholders showed significant interest in the device to be created.Discussion: The power and interest of these stakeholders reveal some insight into how each stakeholder may be engaged for both co-creation and device usage. The involvement of relevant actors who will also be important for co-creation and implementation, will simplify the engagement process for the critical stakeholders, increase the ability to manage the process, and increase diagnostic device acceptability.

Problem Doktrin Keagamaan Dan Fundamentalisme Dalam Membangun Budaya Multikultural

Religious teachings always teach and want peace and prosperity for every human being, both life in this world and in the hereafter. However, in social reality, it is found in behavior as well as limited discourse and understanding, attitudes that are counter peace and welfare. Truth claims and absolute validity are often used as a basis for legitimacy to aggress the beliefs of other religions.

Penguatan Komisi Pemberantasan Korupsi Secara Kelembagaan Dengan Meletakkan Konstitusi Sebagai Dasar Legitimasi

Abstract :Corruption is an extraordinary crime committed by intellectual actors by abusing their assets and positions on their hands. This crime has become a fundamental problem in the state which has not been completely resolved from year to year. One of the main factors of this is the lack of performance of the Corruption Eradication Commission (KPK) in investigating corruption cases that occur in Indonesia. Various revisions to the law that serves as a basis for legitimacy for the KPK in carrying out its duties, mains and functions are the main obstacles that the institution often faces. Therefore, one of the rational efforts that can be made by the state is to make the constitution as a rigid legitimacy basis for the KPK to provide legal certainty.Keywords : Corruption Eradication Commission, Constitution, Legitimacy Basis

EPUF: A lightweight double identity verification in IoT

Remote authentication is a safe and verifiable mechanism. In the Internet of Things (IoT), remote hosts need to verify the legitimacy of identity of terminal devices. However, embedded devices can hardly afford sufficient resources for the necessary trusted hardware components. Software authentication with no hardware guarantee is generally vulnerable to various network attacks. In this paper, we propose a lightweight remote verification protocol. The protocol utilizes the unique response returned by Physical Unclonable Function (PUF) as legitimate identity basis of the terminal devices and uses quadratic residues to encrypt the PUF authentication process to perform a double identity verification scheme. Our scheme is secure against middleman attacks on the attestation response by preventing conspiracy attacks from forgery authentication.

PEASANTS AND LANDLORDS IN THE SYSTEM OF SERFDOM RELATIONS IN PRE-PETRINE RUSSIA

The evolution of landowners ‘ ownership rights to land and peasants in Russia of the XVII century has been considered. Throughout the century, there has been a tendency to strengthen local land ownership in Russia, which was expressed in the legal and actual merger of the patrimony and the estate, in the attachment of peasants to the owner and the introduction of an indefinite search and return of fugitive peasants. At the same time, the mandatory life-long service of the nobility remained an unshakeable condition for strengthening local land ownership. The rights of landlords in relation to the peasants were strengthened, but their relatively legitimate basis remained service in the army. Meanwhile, in the second half of the century, the modernization of the armed forces gradually unfolded, pushing the noble cavalry and transferring the service to a monetary salary.

Certain Aspects of Termination of Employment Upon the Liquidation of an Organization

In considering labour disputes, related to the termination of the employment contract at the initiative of the employer, including the liquidation of the organization, first and foremost, it must be considered that the employer must provide to the court the necessary evidence of the existence of a legitimate basis and compliance with the lawful procedure for dismissal, which as the authors have found out, is not always possible in practice because of legal uncertainties.

Конституционные основы легитимности власти

Конституционные основы легитимности власти