Principle Of Non-intervention Research Articles

Compulsory Vaccination for Healthcare Workers in Italy for the Prevention of SARS-CoV-2 Infection.

The European Convention on Human Rights (ECHR) judgement no. 116(2021) of 8 April 2021 establishes the principle of mandatory vaccination, indicating the criteria that national legislation must comply with, following the principle of non-interference in the private life of the individual. Vaccination for the prevention of SARS-CoV-2 infection appears to be an essential requirement for providing healthcare assistance. The European experience with compulsory vaccinations, offers a composite panorama, as the strategy of some European countries is to make vaccinations compulsory, including financial penalties for non-compliance. As in other countries, there is a clear need for Italy to impose compulsory vaccination for healthcare workers, in response to a pressing social need to protect individual and public health, and above all as a defense for vulnerable subjects or patients, for whom health workers have a specific position of guarantee and trust. The Italian Republic provided for mandatory vaccinations for health professionals by Decree-Law of 1 April 2021 no. 44, to guarantee public health and adequate safety conditions. As stated by ECHR, the Italian State, despite having initially opted for recommendation as regards to SARS-CoV-2 vaccination, had to adopt the mandatory system to achieve the highest possible degree of vaccination coverage among health professionals to guarantee the safety of treatments and protection of patients’ health. We present the Italian situation on vaccine hesitation in healthcare workers, with updated epidemiological data as well as the doctrinaire, social, and political debate that is raging in Italy and Europe.

The One-China Policy and Implications of U.S. Invariable Support for Taiwan

This paper discusses the concept of the one-China policy and how the United States support of Taiwan poses a challenge to stability in the region. The paper adopted the library descriptive instrument from historical research to come up with the available data in the paper. Findings show that, since 1949, the struggle between the Nationalist Republic of China and the Communist party escalated into a civil war which resulted in the defeat of Kuomintang and the establishment of the People's Republic of China (PRC), which took control of all mainland China. Only the island of Taiwan remained under the control of the ROC. Since then, both the ROC and the PRC have been claiming to represent all of "China", and both officially claim each other's territory. The paper concludes that China cannot forfeit the strait of Taiwan despite American support to the island. The deteriorating relationship between the U.S and China relationship has seen trade wars to accusations on the origins of the coronavirus to political buffering, to the sovereign of Taiwan and Hongkong, it just seems to be a manifestation of the Sino-American Cold War. The way things appear, the relationship between the U.S and China will further deteriorate largely because democracy and liberal order are being challenged by the political posture of China. The paper recommends that there is the need to maintain the non-interference principle by the two parties, the United States should know that Taiwan is China and therefore not meddle in the affairs of China and vice-versa.

Environmental agreement under the non-interference principle: the case of ASEAN agreement on transboundary haze pollution

It is widely understood that the environmental problem is getting borderless and challenging, requiring concerted efforts of many states and increasing the need for international agreements. However, only for the agreement to exist may not be sufficient—the agreement needs to be credible: obliging the signatories with actions associated with the goal, displaying clear and unambiguous rules, and involving third parties in the dispute settlement. Unfortunately, in the presence of the non-interference principle, the creation of a credible agreement may be implausible as, conceptually, the principle is innately antipodal to hard obligations and third-party involvement in the dispute settlement. This case study seeks to understand how the legalization of the ASEAN Agreement of Transboundary Haze Pollution conformed to the non-interference principle and influenced Indonesia, the main laggard, in dealing with the predicament accordingly. Diverging with the common understanding, the agreement seems to carry strong obligation and precision, as shown in the main agreement and its protocols. However, the apparent downside lies in the lack of delegation dimension, as the current dispute resolution is made through diplomatic efforts that led to fruitless outcomes. This study counters the simplistic view of the association between the non-interference principle and the lack of obligations. Overall, this study points out the importance of the delegation dimension in regionalization and encourages the interventionist approach concerning global environmental protection.

СИСТЕМА КОРПОРАТИВНОГО УПРАВЛІННЯ РОЗВИТКОМ ІНФРАСТРУКТУРНО-СЕРВІСНИХ ПІДПРИЄМСТВ

The paper offers practical recommendations for improving the mechanisms of public-private partnership in the form of a concession. Within the scope of this study, a concession is viewed as a relationship framework in which to attain socially significant goals, the government or a municipal unit transfers to the concessionaire (natural or legal entity) the right to perform on a contractual basis some of its functions to possess, use, and under specific conditions, to dispose of public or municipal property. These relationships are valid during the concession agreement period. Guarantees to private investors in the area of PPP and infrastructure concessions have been adapted according to the current Ukrainian legislation. The concessionaire’s business guarantees include: prospects for ownership rights acquisition for property outside highway lanes; a possibility of resolving disputes in the International Arbitration Court, a possibility to launch a project company for specific project realization (a special purpose vehicle, SPV. It is argued that providing guarantees for concessionaire investment returns is paramount. The above guarantees should cover a restraint on concessionaire’s property and assets forced alienation; the principle of non-interference in the concessionaire’s business; guarantees of reimbursement by the grantor of all investments made by the concessionaire (in case of contract termination due to the grantor’s fault); envisaged norm according to which the fare is fixed at an investment-based rate that ensures compensation of the concessionaire’s expenses. The implementation of concession relationships pattern in the transport infrastructure of Ukraine has contributed to outlining the key prospects for its development and enhancement, in particular through compliance with the following principles: application of legislation in force at the time of concluding a concession agreement; imposing a legislative ban on changes related to running concession business; guarantees of concessionaire’s loss coverage caused by government authorities’ decisions that breach the concessionaires’ rights.

ASEAN Non-Intervention Principles: An Alternative Settlement towards Human Rights Violation in Rohingya

The frame of international news is colored with a series of systemic and consistent human rights violation experienced by the Rohingya ethnic group in Burma. Toward this case, it is unlikely for Burma to be willing and to be able to resolve this case internally. Hence, as a regional security and stability guard in the Southeast Asia region, ASEAN should take part in settling human rights violations that occur in its member states. However, every settlement attempted by ASEAN is constantly distracted with Non-Intervention Principles. This research aims to examine the alternative ideas for Non-Intervention Principles of ASEAN as a settlement towards human rights violation on Rohingya ethnic. This research used normative research, based on the secondary data was employed as the research method. The obtained data were analyzed by using qualitative analysis. The research found that the Non-Intervention principle has been applied in ASEAN in the most rigid form. Meanwhile, Humanitarian Assistance and Humanitarian Intervention mechanism is an alternative settlement towards human rights violations on the Rohingya ethnic group in Myanmar

Federalism. The Origins and Ways of its Development in the History of the USA and Brazil

Introduction. This article analyses the historical aspects of the formation of the foundations of fe- deralism as a constitutional principle, as well as its origins and development in the United States of America and Brazil. Theoretical Basis. Methods. The study of law, legislation, and doctrine related to American and Brazilian federalism was undertaken. The study of Brazilian and foreign scientific works was car- ried out on the basis of an interdisciplinary comparative study from the standpoint of legal theory. Results. The result is the comparison of the American and Brazilian models of federalism with the analysis of some definitions of the concept of federation, as well as its specificity in Brazil in the modern period. The authors of this study intended to highlight the development of federalism in Brazil, touching upon the aspects of Brazilian federalism as reflected in the 1988 Constitution. Discussion and Conclusion. The analysis of the Brazilian Constitution shows such features as the plurality of the constituent entities of the state forming a federation. Brazilian federalism is also characterised by the principle of non-interference, which means that the Union cannot in- terfere in the affairs of the member states, and the states, in turn, cannot interfere in the affairs of the municipalities.

Interfering via ASEAN? In the Case of Disaster Management

It has been argued that the non-interference principle is given more emphasis than democracy and human rights in the Association of Southeast Asian Nations (ASEAN). Yet a certain kind of consensus has emerged: ASEAN members may become involved in one another’s domestic affairs as long as they do so via ASEAN organs and instruments. This can be seen in co-operation on disaster management. Since the ASEAN Coordinating Centre for Humanitarian Assistance on Disaster Management (AHA Centre) was established in 2011, the definition of a “disaster” appropriate for regional management has been broadened. Careful analysis of this case shows that, each for its own strategic reasons, ASEAN organs and institutions began to be useful for both “giving” and “receiving” member states. This article’s analysis of strategic interaction among member states yields useful insights on how intervention via multi-lateral frameworks shapes both the behaviour of domestic decision-makers and the dynamics within regional organisations.

“New” State Actors and Conflict-Affected States: Confronting Violence, Shifting Ambitions, and Adjusting Principles

Over the past couple of decades, “new” state actors, such as Brazil, China, Russia, India, Turkey, and countries of the Arab Gulf, have been playing an increasingly prominent role in assistance provision to conflict-affected states. Skeptical of the liberal peace-building model, they have emphasized supporting economic development and avoided promoting political reforms, viewing them as too interventionist in domestic affairs of conflict-affected states. Rather, they have emphasized solidarity, cooperation, mutual support, and respect for state sovereignty; and they are committed to non-intervention norms. However, the foreign policies of “new” state actors have been far from static. This article argues that these norms mask more complex relationships between “new” state actors and conflict-affected states. Historically, the “new” actors have tended to adhere less to non-intervention norms in their immediate neighborhood. Now, as they become more deeply engaged with countries emerging out of violent conflict, have come to aspire playing more prominent global roles, and the competition among them has risen, their adherence to principles of non-interference is under strain and policies regarding issues of peace and security are shifting.

Exploring collective health security in a new age of pandemics. A review of Sara E. Davies’ Containing Contagion.

In Chapter Two, Davies walks the reader through the political context of Southeast Asia in relation to the management of infectious disease outbreaks In Chapter Five, Davies impressively surveys surveillance reports relating to the ASEAN states from 1996 to 2010, thereby tracking the changing performance in disease surveillance and response during this period In Chapter One, Davies provides a historical account of the negotiation and adoption in 2005 of the revised International Health Regulations (IHR), described as "a significant diplomatic coup for the WHO" (p 16) [Extracted from the article] Copyright of Singapore Journal of Tropical Geography is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission However, users may print, download, or email articles for individual use This abstract may be abridged No warranty is given about the accuracy of the copy Users should refer to the original published version of the material for the full abstract (Copyright applies to all Abstracts )

Explaining India’s Approach to Responsibility to Protect

India has been alleged for adopting a reluctant approach to the doctrine of responsibility to protect (R2P). In light of this allegation, this paper explains India’s approach to R2P and attempts to answer why India has adopted a cautious and reluctant approach. To give a comprehensive picture and provide a compelling account of India’s cautiousness and reluctance, this paper uses an eclectic approach. The systemic and domestic variables, along with normative and materialistic factors, have been taken simultaneously into account. It points out that India’s approach to R2P is shaped by a set of six variables- historical legacies, especially India’s colonial experience and its applications for its attitude towards the principles of non-intervention and state sovereignty; domestic compulsions such as failure of India to deliver inclusive and equitable development and ensuring human rights and citizen’s dignity in remote areas; the intentions of the great powers; security concerns like insurgency in various parts, including Kashmir; its approach to the doctrine per se; and unintended consequences of conflict escalation and its implication for India- have been a linchpin in shaping India's approach. It demonstrates how these factors have cumulatively shaped India to neither vote in favour of intervention nor stand up with the governments that fail to protect their citizens and thus in fulfilling their obligations under the first principle of the doctrine of R2P.

THE IMPLEMENTATION OF DIPLOMATIC LEGAL PRINCIPLES: GERMAN EMBASSY STAFF VISITING ISLAMIC DEFENDERS FRONT (FPI) HEADQUARTERS CASE

This legal research uses a conceptual approach and statue approach; by using primary and secondary legal materials. The purpose of this legal research is to describe the principles of diplomatic law and their application to the case of actions of German Embassy staff who have visited the headquarters of the Islamic Defenders Front (FPI). The results of this study indicate that diplomatic law is a system containing various principles of international law to regulate diplomatic relations between countries with universal approvement. Then, the development of diplomatic law is very progressive; marked by various conventions and codifications to create holistic norms. Furthermore, the actions of German Embassy staff visiting FPI headquarters cannot be justified by diplomatic law. This is because the potential acts of espionage by German Embassy staff also target the violation of the principle of non-intervention. Hence, on diplomatic law; violation of the principle of non-intervention creates persona non grata consequences.

Asean and the Rakhine Crisis: Balancing Non-interference, Accountability, and Strategic Interests in Responding to Atrocities in Myanmar

Abstract asean has not collectively responded to the Rakhine crisis since 2017 from the perspective of the Responsibility to Protect (R2P) principle and has failed to put a stop to the atrocities against the Rohingyas in Myanmar. This article argues that there is less support in the region for invoking the non-interference principle in dealing with Myanmar on the Rohingya issue even as some members have called for its relaxation and use of constructive engagement instead. As international pressure in pursuit of justice and accountability increased, so did calls from within the region for asean to do more beyond just providing humanitarian assistance to affected communities in Rakhine. Even so, asean consciously avoids pressing too hard on the issue of accountability as this could force the government and the military in Myanmar to totally disengage with asean and the international community on the Rakhine crisis, as well as push Nay Pyi Daw further into China’s embrace and thus undermine asean’s strategic interests in the region.

China's Strategy to Maintain its Non-interference Policy: The Safety of Chinese Travellers in the Middle East

The Middle East is becoming a hotspot for thousands of Chinese businesses with hundreds of thousands of Chinese nationals working and living throughout the region, as well as several million Chinese tourists. Traditionally, China's policies towards the Middle East were based on the principle of non-interference. In face of the increasing number and frequency of acts of violence against Chinese nationals and assets in the region, this study examines whether China's strategy to maintain its non-interference policy can meet the challenge of protecting the safety and rights of Chinese tourists in the Middle East. The main argument is that China's approach to maintaining its non-interference policy is part of a carefully devised strategy that suits the country's doctrine. China's leadership favours a global proactive diplomatic approach which includes five diplomatic and military measures identified in this article: non-combatant evacuation operations and peacekeeping operations; construction of infrastructure and logistical capacities; legal framework and security cooperation; mediation and conflict management; and consular protection. This proactive diplomatic approach is also suitable to meet the challenge of the safety and rights of Chinese tourists in the region.

USE OF FORCE OR DIPLOMATIC INTERVENTION: ASSESSING THE BLOCKADE OF QATAR

The coordinated blockade of the State of Qatar by some of its neighbours in June 2017 has raised questions on the sovereignty of the state and the extent to which coercion is allowed in international law. This article considers the reasons behind the blockade and the subsequent demands by Qatar’s neighbours. It evaluates the blockade of Qatar based on the twin principles of international law: the prohibition on the use of force and non-interference in the internal affairs of other nations. The article argues that the language of article 2 (4), read together with the purposes of the United Nations (UN), render any forcible attempt to coerce a sovereign state into surrendering its sovereignty illegal. The article also considers the debate on whether economic and political coercion amounts to force. It submits that the coordinated blockade and the subsequent “13 points” demands threaten Qatar’s sovereignty, because the blockade contravenes the purposes of the UN. The article also argues that the blockade amounts to an interference in the internal affairs of Qatar, even if economic or political coercion are not considered as force. The article finds that the blockade does not categorically amount to a threat or use of force; but it certainly violates the principle of non-intervention as enshrined in the UN Charter.

Adaptive governance along Chinese-financed BRI railroad megaprojects in East Africa

As part of its Belt and Road Initiative (BRI), China is increasingly investing abroad and has become an important country for development financing. Many commentators have expressed concern that the country is defying the Western path of sustainable development guided by the rule of law and good governance standards. Yet, studies of the real existing articulation of the BRI are lacking. Through a comparative case study of Chinese loans for infrastructure in East Africa (the Standard Gauge Railroad in Kenya and the Ethiopia-Djibouti railroad), this article offers a consolidated and more systematic assessment of what kind of governance China is in fact practicing through the BRI and the reasons behind what I argue to be its ‘adaptive governance’ approach. Specifically, it examines the attitude of Chinese state-owned enterprises (SOEs) toward corporate social responsibility (CRS) in light of the regulatory frameworks of the Chinese central government and host governments. Through a combination of document analysis and in-depth interviews with relevant stakeholders, this paper compares the railroads China has financed and built in Kenya and Ethiopia as part of the BRI with a focus on CRS and their economic, social, and environmental impacts. It argues that the reason for the differing CRS in the two case studies is that China is not forcing upon host countries any specific type of governance, because its approach is above all adaptive and conforms with its core principles of sovereignty and non-interference. Such an approach, however, has generated several negative externalities that may reinforce poor governance standards and ultimately undermine the sustainability and developmental outcomes of the BRI. By looking at concrete cases from the ground, this article sheds new light on China’s emerging development paradigm along the BRI and addresses some of the concerns related to China’s rise as a great power.

The contradictions inherent in the concept of symmetry in Michael Walzer’s counter-intervention theory: a case study of the Yemeni conflict

Counter-interventions have often been employed to promote specific political or economic interests. Using the morality of counter-intervention as a lens, this article explores Michael Walzer’s counter-intervention theory to interrogate the practicalities of applying his symmetry principle—equivalence when balancing a conflict—in the context of imperfect information. After examining the links between the principles of non-intervention and self-determination and identifying the main tenets of Walzer’s theory, this article demonstrates how the Yemeni conflict exemplifies the problematics of crafting a moral counter-intervention strategy. On the one hand, the longer a country waits to counter-intervene, the harder it becomes to calculate the effects of the previous intervention; on the other hand, the faster a country counter-intervenes, the less informed and symmetric the counter-intervention is likely to be. Consequently, this study concludes that Walzer’s symmetry principle does not successfully indicate when and how counter-intervention should develop.

ОСОБЕННОСТИ ВХОЖДЕНИЯ СЕВЕРНОГО КАВКАЗА В ЕДИНОЕ ГОСУДАРСТВЕННО-ПРАВОВОЕ ПРОСТРАНСТВО РОССИИ ВО ВТОРОЙ ПОЛОВИНЕ ХIХ ВЕКА

The article analyzes some features of the state-legal arrangement of the territories of the North Caucasus region after joining the Russian Empire, the difficulties and excesses made by the tsarist administration in the formation of a new administrative and legal system in the region, the specifics of military-people's management in some areas of the North Caucasus. The author emphasizes that the systemic combination of Russian state restrictions in the military-popular administration with guarantees of non-interference in internal Affairs indicates that the final stabilization was achieved not by suppression, as some researchers believe, but by a political compromise proposed to all mountaineers. Analyzing the interaction of Imperial and customary law in the formation of a single national legal space, the author stresses that in the field of civil rights the Russian authorities in all provinces including in the North Caucasus, avoiding sharp breaking, ignoring the legal traditions of the population, and left out in the effect on the controlled territory of traditional law. In order to ensure political and statelegal stability in the North Caucasus region, the tsarist administration in its activities combined the principle of restriction allowed by the military-people's administration with the principle of non-interference in the traditional way of life of the mountain population, especially in the sphere of civil and family-legal relations.

НОВЫЕ ВЫЗОВЫ ЕДИНСТВУ И МЕЖДУНАРОДНОЙ РОЛИ АСЕАН

During its existence, ASEAN has become an authoritative international organization recognized in the world. Its activity was based on the principles of interaction, which, as the members of the Association believed, would contribute to its unbreakable unity. First of all, this is the principle of consensus in decision-making, as well as the principle of non-interference in each other's internal affairs. Attempts to violate these principles have been made before. They have been updated recently in connection with the events in the South China Sea and the military coup in Myanmar. Firstly, there are disagreements among the members of the Association regarding China's policy in the South China Sea. Secondly, there is no unity among the ASEAN members in assessing the events in Myanmar. On the other hand, the United States is taking measures to reduce the influence of the Association, which goes against the concept of ”ASEAN centrality ", focusing on the creation of other forces in the region (Quad and AUKUS). The American Summit of Democracies, which divided the Association's member countries into democratic and authoritarian ones, contributed to undermining the international significance and unity of ASEAN.

Роль АСЕАН в урегулировании политического конфликта в Мьянме

The article analyzes the ASEAN policy to resolve the political crisis in Myanmar, the main means and directions of its implementation. The confrontation in society as a result of the military coup on February 1, 2021 is accompanied by violence and threatens to escalate into a civil war. The threat of losing its central role in the regional security system and the regionalization of the conflict prompts ASEAN to look for ways out of it in accordance with the adopted action plan. However, its implementation is difficult both due to the fact that ASEAN remains hostage to the fundamental principle of its activities, non-interference in the internal affairs of its members, and the unwillingness of all parties to the conflict in Myanmar to seek ways of reconciliation. ASEAN's interaction with the military leadership accused of mass repression is asymmetric, with the success or failure of the ASEAN peacekeeping mission almost entirely dependent on the political will of the military. Nevertheless, ASEAN remains today the only force capable of influencing the development of the political situation in Myanmar. The best option for the international community to participate in resolving the conflict in Myanmar is to assist ASEAN in the implementation of peacekeeping activities. The most realistic ASEAN initiative today is to provide humanitarian assistance to Myanmar, which is on the brink of a humanitarian catastrophe. Considering the negative trends in socio-economic development, Myanmar for many years to come will need humanitarian support, in the provision of which ASEAN has advantages over Western states and associations. Giving preference to the methods of soft diplomacy, dictated by the need to observe the principle of non-interference in the internal affairs of Myanmar, ASEAN as an institution demonstrates its functional weakness, which the military who seized power use to delay the implementation of the measures proposed by the bloc to resolve the conflict. ASEAN continues to act with great caution, and this may cause it losing the influence on the development of the situation when China, which is not interested in prolonging the conflict, seizes the initiative.

КРИЗИС В МЬЯНМЕ КАК МОМЕНТ ИСТИНЫ ДЛЯ АСЕАН

The article is devoted to the acute problem of confrontation between ASEAN and the military administration of Myanmar. According to the consensus reached at the special ASEAN summit in April, dedicated to the events in Myanmar after the military coup on February 1, 2021, the special envoy of the bloc was entrusted with the mission to facilitate negotiations between all interested parties. However, Myanmar's military leadership refused to allow Erivan Yusof to meet with key participants in the conflict, detained State adviser Aung San Suu Kyi and President Win Myint, offering minor figures for negotiations. The State Administrative Council of Myanmar counted on the compliance of the divided ASEAN and its susceptibility to the manipulations of the junta. The result was an unprecedented decision by ASEAN to refuse to invite Senior General Min Aung Hlaing to the October summits, which automatically meant a refusal to legitimize the regime. This decision may be a moment of truth for ASEAN, which has tacitly decided to reconsider the principle of non-interference and the tradition of consensus.