Principle Of Self-determination Research Articles

International Law Enforcement Observer XIV.

Aim: Despite the fact that this time, the Observer provides insight into a wide range of topics in the international law enforcement literature – from counter-terrorism to football security – the editorial purpose that influenced the selection is still recognisable. The aim is to focus readers’ interest on methods that focus on facts and require publicity. Examples will be given that demonstrate that unjustified secrecy can be an obstacle not only to scientific research but also to effective professional work. Methodology: Tamás Drusza’s review shows that in the United Kingdom, a tactic of combining intelligence and criminal investigation is used to counter terrorism effectively, which also means that the flow of information between organisations is a critical point in the system's operation. Secrecy between authorities can lead to inefficiency. ‘The drawbacks of applying the principle of restricting the transfer of information have been confirmed by a survey of Europol staff. The general view is that proactively sharing information is as important as obtaining it.’ Of course, in order for such a counterproductive application of the principle of confidentiality to come to light, it was necessary for police academics to carry out the necessary research in a sensitive area of service and then publish the results in a way that would allow even Hungarian colleagues interested in the subject to be informed by means of a review. Findings: Beyond the threat of terror, all forms of violent radicalism in the broader sense need to be countered by social cohesion, as András Hunor Lehel illustrates with the Swedish example. ‘According to a 2016 report by the Swedish Security Service, approximately 300 people have left Sweden to join various violent Islamist groups abroad and fight alongside their organisations. Many of these men have returned to Sweden and represent a potential threat to the community.’ The study concludes that local authorities play a key role in detecting and preventing radicalisation, alongside central government. It is no coincidence that resilience has emerged as a key concept. Swedish municipalities are expected to develop plans that include measures to increase resilience at local and community level. Andrea Mészáros gives an insight into research conducted at the Tempe Police Department in Arizona. Here, they sought to understand how measures were affected by the pandemic in March 2020, and then by the national outcry over the death of George Floyd, a victim of police violence. The study analysed 474 measures, selected at random and all of which were recorded on body camera. Researchers said a review of the body-worn camera footage highlighted that despite the extreme circumstances, police officers handled encounters with citizens in a professional manner. Tamás Pressburger reports on new methods of policing football matches. The experience in England suggests that police officers responsible for the security of football grounds have successfully improved the effectiveness of their work through a change of approach, with sufficient training and practical experience. Police officers also need to work closely with the cultural and emotional dynamics of football fans, and need empathic skills to intervene effectively and constructively in escalating situations. Value: The reviews presented a number of solutions that have found new ways to challenge the traditional approach to policing. These include replacing the myth of secrecy with openness that emphasises cooperation, consensus based on empathy rather than confrontation, resilience that leads to the resolution of the trauma that accompanies violence, and the dissolution of centralisation with the principle of self-government.

Anforderungen an die Datensouveränität in der patientenorientierten und KI-gestützten klinischen Forschung in Deutschland

Abstract Background The rapidly growing quantity of health data presents researchers with ample opportunity for innovation. At the same time, exploitation of the value of Big Data poses various ethical challenges that must be addressed in order to fulfil the requirements of responsible research and innovation (Gerke et al. 2020; Howe III and Elenberg 2020). Data sovereignty and its principles of self-determination and informed consent are central goals in this endeavor. However, their consistent implementation has enormous consequences for the collection and processing of data in practice, especially given the complexity and growth of data in healthcare, which implies that artificial intelligence (AI) will increasingly be applied in the field due to its potential to unlock relevant, but previously hidden, information from the growing number of data (Jiang et al. 2017). Consequently, there is a need for ethically sound guidelines to help determine how data sovereignty and informed consent can be implemented in clinical research. Methods Using the method of a narrative literature review combined with a design thinking approach, this paper aims to contribute to the literature by answering the following research question: What are the practical requirements for the thorough implementation of data sovereignty and informed consent in healthcare? Results We show that privacy-preserving technologies, human-centered usability and interaction design, explainable and trustworthy AI, user acceptance and trust, patient involvement, and effective legislation are key requirements for data sovereignty and self-determination in clinical research. We outline the implications for the development of IT solutions in the German healthcare system.

COVID-19 as a catalyst for alcohol policy change: A case study of the Gove Peninsula.

In many ways, the COVID-19 pandemic provided a natural experiment for alternate ways of living and working. Although alcohol supply was one of many aspects impacted by COVID-19 restrictions, few of those alcohol-related measures have been continued. This commentary presents a unique case study from the Gove Peninsula in northern Australia, where pandemic restrictions acted as a catalyst for a review of an established alcohol management system. A permit system was introduced on the Gove Peninsula in 2008 to control who can purchase takeaway alcohol and how much they could buy each day. Development of the system was rooted in the principles of community development and self-determination. This commentary describes how COVID-19 and associated changes in levels of alcohol harms mobilised community support for a review of the system, that had operated unchanged for the past decade. COVID-19 was adventitious in revealing compelling localised information which encouraged examination of potential improvements to the system. An updated regime is now being trialled, which sets daily limits on the alcohol purchases of everyone in the area. This experience illustrates the benefits of timely and relevant data to assist communities in formulating local solutions to local problems.

The Unity and Struggle of Opposites in Concepts of the Right of Nations to Self-Determination Developed by V.I. Lenin and V. Wilson

The paper deals with the conflict between the concepts of self-determination stated by V.I. Lenin and V. Wilson, which determined the formation of a new world order from the beginning of the 20th century until the end of the Second World War, which is based on the political and legal idea of self-determination.In 1914, Vladimir Lenin put forward the concept of self-determination in the article «On the right of nations to self-determination», which was dedicated to the confrontation between the «oppressive» and «oppressed» nation with the right to secede the latter and «form a national state». This concept was taken up by American President Woodrow Wilson. He used it as a basis for the «Fourteen Points» when addressing the US Congress in 1917 as a political formula and legal justification for the US entry into the First World War, the fragmentation of Europe into nation states and the increase in political influence.The author concludes that the principle of self-determination, developed by Lenin and further developed by Wilson, was based on various ideological premises and initially had a diametrically opposite meaning. Whereas in Lenin’s work the emphasis was on the creation of a sovereign state up to the point of secession and/or annexation to another state, but under the protection of international law, then for Wilson self-determination was almost identical to «government of the people» or «government by consent», with the possibility of exerting political influence on a self-determined nation and justifying military conflicts with the participation of the United States in Latin America.Exploring the conceptual component of ideas, foreign policy documents of Soviet and American diplomacy, the author, based on an analysis of the world order that emerged after the First World War and the rapid process of national liberation movements and decolonization, concludes about the stunning influence of the Leninist formula on the emergence of new states in Europe, Asia, and others regions of the world, as well as for the return of the national outskirts of the former Russian Empire lost as a result of the Brest-Litovsk Treaty.

Sustainability, Agency Empowerment, Neoliberalism in Global Citizenship Education

This paper explores the impact of evolving sustainability discourse and its integration into Global Citizenship Education (GCE) since 2015 on the formation of neoliberal subjectivity. While the post-2015 sustainability discourse and GCE model aim to systematize GCE approaches and empower individuals as change-makers, they consequently reinforce the neoliberal principles of self-governance and economic rationalization. Utilizing Michel Foucault’s theories on neoliberalism and neoliberal subject formation, this study examines how the post-2015 GCE model’s emphasis on standardization, measurement, and individual agency empowerment fosters self-convincing and self-regulating global citizen subjects to maintain that this process of neoliberal subjectivization cultivates an individuated, self-centered subjectivity that may undermine collective efforts to address global challenges.

Kant’s Philosophy and the Idea of the Self-Made-Man

Purpose. The authors of this article set the main purpose of understanding the ideological potential of Kant’s philosophical heritage from the viewpoint of its influence on the spread and legitimization of the self-made man idea in the worldview transformations of the modern world. Theoretical basis. Historical, analytical, and hermeneutic methods became fundamental for achieving the goal. The study is based on Kant’s works, as well as on the works of modern researchers of his ideological heritage. Originality. The analysis shows that the idea of the Self-made-man, which originated in the ancient world and gradually spread in the Western culture of the Middle Ages, early Modernism, and especially the Enlightenment, receives significant additional impulses in the context of Kant’s rethinking of the metaphysical foundations in the theory of knowledge and morality. Perhaps, the systematic theoretical substantiation of people’s abilities to use their own mind, their intellectual, and therefore moral autonomy, and freedom of will as the fundamental principles of personal Self-determination and Self-realization became the most important consequence of this rethinking. This, in turn, became the theoretical and moral-legal basis for further legitimization in the modern and postmodern world of the ideal of a person who creates oneself. Conclusions. The importance of Kant’s philosophy in the context of idea generation of the self-made man is hard to overestimate. It is entirely imbued with a leitmotif appeal to the individual to have the courage to use his/her own mind, to be independent and self-sufficient in assessments, choices, and actions, and therefore also responsible for their consequences, in the end, to be primarily an end, not a means. Thanks to this, a person, according to Hegel, finds an unconditionally strong and stable center in oneself. In fact, by strengthening the position of human-centric philosophy, as well as the moral and legal foundations of liberal humanism, Kant’s ideas provided further ideological legitimation in the orientation of an objectively growing individual towards actively placing Self-reliance and Personal responsibility on one’s own destiny as the key principles of the Self-made-man concept.

Formation of the Statehood of the Donetsk and Lugansk People’s Republics in 2014–2022 as a Factor of Legitimacy of Acts on Self-Determination of the Peoples of Donbass

The paper examines the process of formation and development of the Donetsk and Lugansk People’s Republics as public legal entities that arose after the self-determination of their peoples and the implementation of secession. The correlation of the principles of territorial integrity and the principle of self-determination is considered through the issue of the legal force of the decision taken at the referendum and its implementation. The paper analyzes the institutionalization of the results of the 2014 referendums and the acquisition of both public and international legal status by the republics through the exercise of full state power in the context of the loss of effective jurisdiction by the old power structures. To this end, the formation of public power in the republics is being investigated. The historical prerequisites for the formation of independent representative and legislative bodies, as well as their evolution, are considered. The implementation of effective control over the state of affairs in the republics with the consent and direct participation of the population is considered as in the case study of building executive power, developing its structure, the activities of courts, local governments, as well as the implementation of productive production activities within the DPR and LPR. It is concluded that the systemic interaction of educated institutions of government and society, their mutual trust, and the activities of directly elected institutions of representative democracy are the foundation of legitimate independent statehood and sovereignty of the republics

The Kremlin and the principle of self- determination

The paper attempts to analyze the principle of self-determination in the international agenda focusing on Moscow´s foreign policy since Gorbachev´s rejection of the Nagorno Karabagh Autonomous Region constitutional request to separate from the Soviet Socialist Republic of Azerbaijan in February 1988 through the successive crises in the Kosovo, the Caucasus and Ukraine. The central argument sustains that the apparent rejection to the principle of self-determination must be understood in the context of Moscow´s continued drive for hegemony in the geopolitical space of Eurasia, and more specifically, in the ex-Soviet space.

Self-Defence As Remedial Self-Determination: Continuity in Russian Narratives to Justify Imperialism and the Use of Force

AbstractThe principle of self-determination is at the centre of the Russian Federation’s (Russia’s) ‘justifications’ for using force against Ukraine and supporting the separatist entities in its eastern provinces, as demonstrated by official statements of Russia’s representatives and the oral and written submissions to the inter-state proceedings on the application of the Genocide Convention before the International Court of Justice (Ukraine v. Russia). In particular, Russia construes self-defence as an exercise of remedial self-determination, supporting territorial separation and the creation of satellite states or their annexation by the Federation. This is in continuity with Russia’s policies and argumentations utilised in other contexts such as Crimea, Abkhazia and South Ossetia. These cases differ in their context and history but share the same remedial approach to external self-determination as a purported justification to use force. This is also in partial continuity with the tradition of Soviet approaches to self-determination. Like other states’ self-indulgent ‘exceptionalism’ in international law, Russia’s cherry-picking application of self-determination reveals its instrumental usage to camouflage imperialistic aggression and expansionistic ambitions.

Three Different Currents of Thought to Conceive Justice: Legal, and Medical Ethics Reflections

The meaning of justice can be defined according to a juridical, human, theological, ethical, biomedical, or social perspective. It should guarantee the protection of life and health, personal, civil, political, economic, and religious rights, as well as non-discrimination, inclusion, protection, and access to care. In this review, we deal with three theoretical concepts that define justice in all its aspects. (1) The utilitarian theory, which justifies moral statements on the basis of the evaluation of the consequences that an action produces, elaborating a pragmatic model of medical science. (2) The libertarian theory, which considers freedom as the highest political aim, thus absolutizing the rights of the individual; here, the principle of self-determination, with respect to which the principle of permission/consent is the fundamental presupposition, plays a central role in the definition of the person. (3) The iusnaturalist theory, in which man’s moral freedom is identified with the ability to act by choosing what the intellect indicates to him as good; the natural moral law that drives every conscience to do good is therefore realized in respect for the person in the fullness of his rights. In conclusion, different forms and conceptions of justice correspond to different organizations of society and different ways of addressing ethical issues in the biomedical domain.

Sustainable Indigenous Governance: Catalysts for Economic Development in India

In India we have too many different communities with vast tradition and culture. In order to enhance their own way of life we have to protect the indigenous nature of governance. The idea of indigenous governance for economic development in India combines traditional knowledge and governance structures with modern development strategies. This model of indigenous governance is based on the central role of community-led initiatives, practices and management to promote sustainable economic growth. This research paper aims to make a correlation between indigenous governance and economic development. This paper also advocates a top-down approach to prioritizes the aspirations, needs and values of indigenous communities, to ensure their active participation in decision-making processes. This indigenous governance model is important to rethink development paradigms and make them more inclusive and equitable. By following this indigenous governance and leadership models, our country can find the way for a development strategy that is not only economically valuable but also socially and environmentally sustainable. India can harness the potential of its diverse cultures for inclusive and sustainable economic development by creating an enabling political environment that respects and takes into account indigenous governance systems. The principle of self-determination is a key to this indigenous model, which can allow different communities to follow their own development paths in accordance with their cultural heritage and environmental protection. To improve the economic well-being of indigenous peoples and to preserve their natural resources, cultural identity and traditional knowledge for future generations, the government should follow the indigenous approach of governance.

Роль Наркомнаца в организации национально-государственного устройства РСФСР в 1917–1923 гг.

The article deals with the activities of the People's Commissariat for Nationalities of the RSFSR in 1917–1923. The prerequisites for the creation of the body, its organizational structure, goals and objectives of activities, powers are studied. It is concluded that this commissariat played a significant role in shaping the national-state structure of the RSFSR. It is noted that his work is traditionally highly valued in science. As a result of the analysis of the reasons for the effectiveness of the work of the People's Commissariat for National Affairs, it is concluded that such results were achieved, largely due to the well-thought-out policy of the Soviet government in relation to the peoples of the RSFSR. The proclamation and implementation of the principles of self-determination and equality of nations within the framework of the new federation made it possible to provide the Bolsheviks with significant support from numerous ethnic groups and lead them to victory over their political opponents.

Giuseppe Mazzini and revolutions in the Third World: transnational echoes of Mazzini’s emancipatory nationalism

ABSTRACT This article argues that, to understand the 20th century, it is instructive to reflect upon the thought of Giuseppe Mazzini which, to a greater extent than that of Karl Marx, shaped the revolutionary struggles of the period under the banner of the myth of class or nation. Mazzini’s thought is paradigmatic of a wide range of revolutionary political systems, inspired by an ideology that sought to reconcile class and nation in the myth of the ‘third way.’ This is particularly evident in the revolutionary struggles that inflamed the Third World during the era of decolonization, and which made the principle of self-determination of peoples, collaboration between classes, emotional appeals to the people and the ethic of sacrifice and work – all central to Mazzini’s ideology – their pièces de résistance.

Don’t be shame, be game! Responding to HIV and AIDS in Aboriginal and Torres Strait Islander communities

This article explores the under-examined history of how Aboriginal and Torres Strait Islander communities responded to HIV and AIDS in the 1980s and 1990s. When HIV emerged as a public health threat in Australia, Indigenous healthcare workers and community leaders developed and delivered health promotion programs that were highly successful in preventing the spread of the virus among their communities. These programs drew on the political principles of self-determination and community control, fought for by the Black activism of the preceding decades. This article follows the story of one healthcare worker, Aunty Gracelyn Smallwood, who was instrumental in advocating for and implementing the grassroots Indigenous response to the virus. A proud Birrigubba, Kalkadoon and South Sea Islander woman and registered nurse, Aunty Gracelyn’s outspoken advocacy took her from her hometown of Townsville all the way to the highest offices of Australia’s AIDS response, where she helped shape and implement a world-leading approach to HIV and AIDS prevention.

The changing (and multifaceted) role of the principle of self-determination in the Dutch euthanasia practice

The changing (and multifaceted) role of the principle of self-determination in the Dutch euthanasia practice

On the International Law Issues of Crimean Public Investment in Russia

On March 16, 2014, Crimea held a referendum to leave Ukraine as part of the Russian Federation. The referendum is a legal procedure used by the people of a region when applying the principle of national self-determination, while the public investment in Crimea involves national sovereignty and territorial integrity. So, when the principle of national self-determination and territorial integrity conflict, does the referendum comply with international law and be recognized? Crimea and public investment in Russia are the case of "foreign self-determination". This paper analyzes the applicable conditions of "foreign self-determination" and the situation of the Crimean people's exercise of the right of national self-determination, and makes specific judgments on the legitimacy of Crimea and public investment in Russia.

On the International Law Issues of Crimean Public Investment in Russia

On March 16, 2014, Crimea held a referendum to leave Ukraine as part of the Russian Federation. The referendum is a legal procedure used by the people of a region when applying the principle of national self-determination, while the public investment in Crimea involves national sovereignty and territorial integrity. So, when the principle of national self-determination and territorial integrity conflict, does the referendum comply with international law and be recognized? Crimea and public investment in Russia are the case of "foreign self-determination". This paper analyzes the applicable conditions of "foreign self-determination" and the situation of the Crimean people's exercise of the right of national self-determination, and makes specific judgments on the legitimacy of Crimea and public investment in Russia.

Consensual end-of-life for depressed patients: a right or a danger?

Recent events have brought the debate on end-of-life issues to the forefront, particularly regarding the principle of self-determination for depressed patients. Belgian legislation, in fact, allows for requesting euthanasia when patients, capable of expressing their own will consciously, suffer in an unbearable manner and find no meaning in continuing their existence, even in the absence of incurable and/or severely debilitating conditions. The state of the art is an increasing number of people who die from euthanasia. An open question is when a situation can be defined as unbearable. Moreover, does such an assessment necessarily lead to death, or are there other solutions? In our opinion, such a practice should be limited to prevent inappropriate applications that could lead to infringing depressed patients' rights.

Obstetric Violence in Italy: From Theoretical Premises to Court Judgments.

Historical mistreatment and violence directed toward women's bodies extend to the field of medicine, and obstetric and gynecological practices are not immune to such misconduct. Obstetric violence (OV) refers to actions involving disrespectful, abusive, or coercive treatment directed at pregnant and birthing women. This includes institutional and personal attitudes that lead to the violation of women's autonomy, human rights, and sexual and reproductive health. Despite various international legislative initiatives and recommendations from the World Health Organization (WHO) addressing disrespectful and abusive treatment, OV is still poorly known to Italian public opinion. This study aims to investigate whether the concept of OV has been conversely assimilated in judicial decisions. A retrospective analysis was conducted to scrutinize judgments in Italy until June 2023 related to OV. The Italian legal database 'De Jure Giuffrè', which collects sentences by various Courts, and the terms 'obstetric' and 'violence' as keywords were used for the research. The full-text revision of the results (n. 41 sentences) al-lowed the selection of 5 eligible contributions covering the following issues: Informed Consent, Kristeller maneuver, Vaginal Birth After Cesarean (VBAC), Acceleration of childbirth without indication, and Episiotomy. The analysis of individual judgments was complemented by an examination of the key issues involved. The reviewed judgments frequently seemed to be grounded in technical aspects and inclined towards a predominant evaluation of childbirth outcomes. However, some encouraging aspects emerged, particularly in terms of attention to the female body, acknowledgment of consequences within the intimate-relational dimension, and a commitment to the principle of self-determination through the provision of free and informed consent. Ensuring the psychophysical well-being of women and unborn children, fostering positive interactions between pregnant women and medical staff, and actively working to reduce the grounds for litigation are among actual emerging priorities in healthcare. In this sense, fundamental elements include the implementation of continuous staff training and education as well as a focus on promoting the self-determination of women, leveraging new technologies for this purpose, and ensuring legal protection of their rights.

Patient's last wish: organ donation after euthanasia. What conditions should be met to fulfill it?

Organ donation after euthanasia (ODE) is a complex procedure involving the patient, the family, and the medical staff. Most organ donations occur from patients declared brain dead, and healthcare professionals rely on surrogate decisions, or the possible expression of ante-mortem will. Organ donation from deceased individuals is thus feasible under rigorous conditions, while direct donation after euthana-sia is not possible. The scientific community has not reached a shared conclusion. It is also difficult to quantify the number of patients who would be medically eligible to donate organs after euthanasia. In keep-ing with the core the principle of self-determination, any decision to undergo euthanasia (with or without organ donation) must be voluntary and not influenced by external pressures. For this reason, the physician should avoid informing the patient about the possibility of donating their organs before their request for euthanasia is evaluated. Just as noteworthy is the issue of healthcare providers' conscientious objec-tion and the receiving patient's right to know whether the transplanted organs come from a subject who underwent euthanasia. Finally, the patient who requests to end their life does so primarily because they are tormented by unbearable suffering and often expresses, as a last wish, the desire to exercise their free will regarding their own body. Organ donation after euthanasia would therefore seem to reinforce patient autonomy and self-esteem, thus giving a different meaning to their inevitable death, which is useful in saving the lives of others.