Ratification Process Research Articles

Peculiarities of the negotiation process for the European Union accession

The aim of the work is a comprehensive analysis of the procedure peculiarities of the negotiation process during the accession of the candidate state to the European Union.The methodological basis of the study was the official EU treaties, in which the procedure of the negotiation process was prescribed, and the official websites of the EU institutions appeared, which contain provisions relating to negotiations.Results. According to the results of the conducted research, it was found that the Treaty on the Functioning of the European Union serves as the legal basis during the negotiations. The following negotiation procedure is specified in this Treaty: the Council of the European Union is responsible for negotiations. It initiates the beginning of the negotiation process, adopts the directives that were concluded during the negotiation process, and authorizes the signing of contracts. In addition, it was found that the official start of negotiations begins with the adaptation of domestic legislation to the EU acquis, as well as the implementation of judicial, administrative, economic, and other reforms that must be implemented in the candidate state to fulfill the Copenhagen criteria. According to the results of the study, membership negotiations with the candidate state begin after the unanimous consent of all EU member states, which is highlighted in an official document of the Council of the European Union. These negotiations take place at various intergovernmental conferences between the governments of the EU member states and the candidate state. The article also found that no one chapter of the EU acquis is considered closed until the government of each member state of the alliance is satisfied with the progress made by the candidate state, as the negotiation process is finally completed after the closure of each chapter. At the final stage, all member states of the European Union sign the treaty, where the candidate state receives a special status, and the ratification process between the parties to the treaty begins, following the constitutional norms adopted in the states.Conclusions. As a result of the study, it was found that the EU accession procedure has a clear structure, which can generally be formed into seven main stages. Each of these steps is important and must be unanimously agreed by EU member states.

The Straight Baselines under the Convention on the Legal Status of the Caspian Sea: Iran’s Approach

In 2018, the Presidents of Azerbaijan, Iran, Kazakhstan, Russia and Turkmenistan signed the Convention on the Legal Status of the Caspian Sea (the Aktau Convention). Despite this, some specific issues related to the straight baseline, remain unresolved. The result is that Iran has yet to ratify the Convention subject to negotiations concerning a separate agreement in the future. Since 2018, the signatories to the Aktau Convention have not reached an agreement in the course of negotiations on a separate agreement. The main question raised in the article is why Iran ha s not ratified the Aktau Convention yet. The paper shows that the authorization of the convention under Para. 4 Art. 1, the specific shape of Iran’s coastline, and the lack of agreement in the negotiations related to the special agreement prevented Iran from ratifying the Convention. The paper finally concludes that the border delimitation considered by Iran differs from the border delimitation agreed on by the four other states, namely Russia, Kazakhstan, Azerbaijan and Turkmenistan, and it is only when the straight baseline is established with respect to Iran’s will and model that Iran will complete the ratification process.

The Concordat Between the Kingdom of Romania and the Holy See. Diplomatic Concessions and Canonical Exemptions in the Ratification Process

The Concordat Between the Kingdom of Romania and the Holy See. Diplomatic Concessions and Canonical Exemptions in the Ratification Process

ASSET RECOVERY POLICY IN THE DRAFT OF THE ASSET FORFEITURE BILL IN CORRUPTION CASES

The criminal act of corruption, defined as the abuse of power for personal gain, is essentially a matter of social injustice. Corruption is considered an extraordinary crime because it is carried out in a systematic way, and the impact caused might adversely affect the economic life and national development. For this reason, handling cases of corruption requires extensive legal actions and extraordinary measures. The Corruption Eradication Law of the Republic of Indonesia regulates the process of returning assets resulting from corruption through civil and criminal channels, but asset returns in corruption cases are still considered to be not effective, as it takes long to pass a court decision. Taking into account the duration of asset seizure in the case of the criminal act of corruption, the idea emerged that asset seizure can be carried out before a court decision is passed, notably by way of applying the Asset Forfeiture Bill to raise the return on state financial losses. Thus, a breakthrough is needed to accelerate the discussion process concerning the Asset Forfeiture Bill which has gone through a long process of ratification since it was initiated in early 2010 and introduced into National Legislation Program (Prolegnas) 2023, so that it could be promptly discussed and passed by the Government and Parliament. This research is a legal study, which implies the analysis of laws and regulations, based on dogmatics, legal theory, and legal philosophy. The purpose of this article is to examine the provisions of Article 18 Para (1), (2), and (3) of the Law on the Eradication of Criminal Acts of Corruption No.31 (1999). Meanwhile, asset seizure through the civil route approach is also regulated in the provisions of Article 32 Para (1), Article 33, Article 34, and Article 38(C) of the Law No.31 (1999) with amendmends in Law No.20 (2001) on the Eradication of Criminal Acts of Corruption. The Asset Forfeiture Bill should be discussed and passed by the Government and Parliament as soon as possible, so that the return of state financial losses in cases of criminal acts of corruption could be enhanced.

The Process of Ratification by Germany of the Treaty on Croatia’s Accession to the EU in the Coverage of the German Press (2012-2013)

The article deals with the problem of coverage by the leading socio-political publications of Germany of the process of ratification by the Bundestag of the treaty on Croatia’s accession to the European Union. The press focused on the assessments of the German political leadership, actively publishing statements by German politicians about Croatia’s readiness to join the community and prospects for the development of economic cooperation between Germany and Croatia. The author comes to the conclusion that the positive attitude of the German leadership to the prospects of Croatia’s accession to the EU is due to the combination of Germany’s economic and political interests in the Western Balkan region.

International Legal Instruments as the Rule of the Game for the Trade in COVID-19 Vaccine

<em>This article discusses international legal instruments that guide the trade in COVID-19 Vaccine. After efforts to discover and develop COVID-19 Vaccine which in fact are in favor of developed countries and high-tech countries as well as rich countries and high-income countries, and then this condition continues to have an impact on the distribution and trade stages resulting in difficulty in accessing the COVID-19 Vaccine fairly and equitably for developing countries and least-developed countries. Tracking international legal instruments from upstream to downstream have been needed to form a comprehensive mindset and find the right of rule of the game of trade in COVID-19 Vaccine. Finally, it was found that various of international legal instruments in form of international agreement that were closely related to the trade in COVID-19 Vaccine is already available, as well as being able to frame the interest of developing countries and least-developed countries on a reasonable basis, that is the occurrence of a national health emergency due to the COVID-19 disease. The principle of pacta sunt servanda must be used as a basic reason that binding all world countries to obey and comply with the contents of international agreement in accordance with the legal will of the competent authorities through the ratification process of that international agreement.</em>

«Фактор доверия» как основное препятствие признания и исполнения иностранных судебных решений

September 1, 2023 is the date of entry into force of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (adopted on July 2, 2019 as part of the 22nd session of the Hague Conference on Private International Law). Russia signed the Convention on November 17, 2021. Despite the fact that in the current geopolitical situation one could hardly expect this Convention to be ratified in the short or medium term, the discussion on the preparation and conditions for ratification, the changes in legislation necessary for its use, the consequences for law enforcement practicestill appears to be relevant. The current principles of Russian law and the law of other countries in relation to the recognition and enforcement of foreign court judgments should be analysed. To this end, first of all, the legal basis for the recognition of foreign court judgments in Russia prior to the ratification of the Hague Convention in 2019 should be presented and the approaches of private international law and the law of other countries to the recognition of foreign court judgments should be analysed. If the approach to the ratification of the Сonvention persists, the issue of amending the Civil Procedure and Arbitration Procedure Codes of the Russian Federation will arise. The ratification process is undoubtedly affected by Western sanctions against Russia and Russian businesses and the loss of mutual trust. Trust is a key factor when considering the recognition and enforcement of foreign judgments.

Borrowing from Our Foremothers: Reexamining the Women's Movement through Material Culture, 1848–2017

Borrowing from Our Foremothers: Reexamining the Women's Movement through Material Culture, 1848–2017

Household members: problems of legal status

The article carries out a comprehensive study of the legal status of household members as a subject in labor relations regarding the use of domestic work in accordance with the ILO Convention on Decent Work for Domestic Workers, the state of its implementation in Ukraine, proposals for improving national legislation in order to effectively implement the rights of domestic workers .
 The topicality of the topic is due to the fact that Ukraine has come close to completing the ratification process of the ILO Convention on Decent Work for Domestic Workers. Currently, a corresponding draft law has been developed, which aims to supplement the Code of Labor Laws of Ukraine with provisions aimed at regulating the relations of domestic workers under an employment contract with an individual. Therefore, domestic workers will be included in the scope of labor law, and members of the household will acquire the powers of the employer within the scope of the employment contract. At the same time, one of the members of the household will become a party to the employment contract - the employer.
 An attempt was made to define the concepts and characteristics of household members based on the analysis of the ILO Convention on Decent Work for Domestic Workers, the current legislation of Ukraine and the results of the legislative work. In particular, in Ukraine it is proposed to use domestic work on the basis of an employment contract only for individuals who are primarily united by such important features as living together in the same residential premises (residential building) or part of it, running a joint household, fully or partially combining their funds and their expenses. It has been proven the need to refer to household members as well as persons who, although they do not fall under the characteristics of household members, but are family members within the meaning of Art. 3 of the Family Code of Ukraine.
 It is argued that the Convention uses the term "household" to refer to the employer, which in translation from English means both a group of people who live together and applies to a house, an apartment and the people who live there. It is reasonable to believe that the Convention does not prohibit the use of domestic work by legal entities, but allows the establishment of restrictions by national legislation.

Is There a Dualistic Protection System for Migrant Domestic Workers? The "Easy" and "Speedy" Ratification of the ILO Convention on Decent Work for Domestic Workers in Italy

Domestic workers provide a variety of services and contribute significantly to the global economy. However, domestic work has long been undervalued in the labour market. In January 2013, Italy became the first country in Europe, and the first among the countries receiving migrant domestic workers, to ratify International Labour Organization Convention No. 189, the Domestic Workers Convention. In contrast to the unprecedented dedication to domestic workers’ labour rights specified in C189, the majority of domestic workers presently in Italy are migrant women and undeclared workers. This article draws on interviews to show how Italy’s ratification of C189 was accomplished through well-organised tripartism and top-down ratification processes, while perpetuating the undervaluation of the work status of migrant domestic workers. KEYWORDS: Domestic workers; ILO Convention No. 189; Italy; migrant workers; labour protection

Ratification of International Configuration of Labour Organization to Law Number 18 Years 2017

International Conventions which are attended by various countries aim to establish relations, and create world peace, and can be a source of international law. The ILO Convention is one of the Conventions which is the reason why several Conventions have been ratified into Legislation. One of the products of ratification issued by the Government of Indonesia is Law Number 18 of 2017. This law contains the rights of workers or laborers, so it is hoped that the ratification will create gaps and guarantee security, as well as comfort for workers who are in the area. Indonesian country. The obligations of the state, the implications for the state and its citizens, the form and process of ratification are also important aspects in carrying out and ratifying the ratification. The explanation regarding this matter will certainly expand and widen in relation to the provisions that have been stipulated in Indonesian positive law and involve several parties to assist in the adjustment process and existing provisions on the basis of the state.

Strategic Ambiguity and Article VII: Why the Framers Decided Not to Decide

The U.S. Constitution ratified in 1788 contains a lot of appar-ently ambiguous language—abstract phrases like “executive pow-er,” “judicial power,” and “necessary and proper”—the meaning of which seemed to be reasonably debatable. The array of approaches to constitutional interpretation dubbed “originalist” all share the ambition of eliminating these apparent ambiguities by careful ex-humation of facts about linguistic usage and constitutional purposes in existence when the Constitution was ratified. This article argues that Article VII’s two-stage ratification process is one such original fact suggesting that apparently ambiguous language ought to be construed as deliberately ambiguous. That process gave the drafters at the Philadelphia convention (the first stage) incentives to choose deliberately ambiguous language as a strategy to mollify critics of the Constitution in the state ratifying conventions (the second stage). The drafters at Philadelphia were overwhelmingly drawn from “Federalists”—politicians who favored a strong national government. Because critics of cen-tralization (dubbed “Anti-Federalists” by their Federalist oppo-nents) were simply not present in significant numbers at the draft-ing stage, the Federalists could not use clarifying amendments to determine precisely what their opponents would tolerate in the ratifying conventions. Because Article VII did not permit the state ratifying conventions to approve clarifying amendments, the rati-fication process created a risk that, offended by specific language in an unamendable proposal, Anti-Federalist ratifiers would reject the entire proposal and doom the project of a stronger central gov-ernment that everyone desired. By proposing and approving delib-erately ambiguous language, Federalist drafters and Anti-Federalist ratifiers could sidestep their most intractable disagreements, mak-ing deliberate ambiguity a rational strategy for facilitating ratifica-tion. Moreover, this rational strategy is also normatively attractive. The critics of the Constitution deeply resented the Article VII pro-cess as an unjust device for “driving [the Constitution] down our throats.” By reducing the power of the Federalist agenda-setters to force through specific constitutional language with a reversion threat, the presumption of ambiguity respects contemporary norms of fair dealing, thereby advancing the goal of popular sovereignty with which Federalists defended the Constitution’s legitimacy.

Dynamics of The Sexual Violence Act Ratification Process: Urgency and Obstacles

This paper aims to analyze the dynamics of the Draft Law on Sexual Violence Act (UU TPKS). Judging from the emergency status of sexual violence in force, the TPKS policy law takes at least seven years to be formalized into a policy. Various obstacles during the process became an interesting dynamic to analyze, ranging from within the DPR itself, whose factions were divided into two camps and experienced tug-of-war, to the demonstrations of support or rejection from the public. Policy makers and stakeholders also have an important role in the realization of the ratification of this policy, in this paper several important institutions such as Komnas Perempuan as the initiator, then the DPR as a reviewing body and the Government which has the power of ratification. This paper also explains the chronology of the formation of this policy, such as the stages of preparation, planning, and discussion between the DPR and the government. The basis of writing this article in the form of secondary data with a literature study method that utilizes previous research, news portals and media articles. In conclusion, the author concludes that the ratification of this policy tends to be slow due to a lot of tug-of-war that occurs such as the transfer of discussions, delays, and even expulsion from the National Legislation Program. The substance of this bill is also misunderstood as containing pro-adultery and pro-LGBT elements which in the end received a rejection reaction from the community. The author can conclude that the length of this process is because the DPR itself is not gender sensitive by not sufficiently understanding the importance of the substance contained in it.

Senzacionalizam i političke svađe: analiza medijskog izvještavanja o procesu ratifikacije Istanbulske konvencije u Hrvatskoj

In order to establish supervision over the implementation of the law on the suppression of violence against women, the Council of Europe designed the Istanbul Convention, the ratification of which was voted by Croatia on April 13, 2018. The document caused public disagreement and political strife in Croatia, and the way the media reported on this problem was of significant importance in the process of creating public perception and public opinion. The main goal of this paper is to point out the biased media reporting on the process of ratification of the Istanbul Convention in Croatia. Qualitative and quantitative content analysis and discourse analysis were used, and the research was conducted on a sample of 882 articles published on six internet portals in the period from March 13 to April 13, 2018. The analysis confirmed the assumption that the most read Croatian portals focused on conflicts. and social division, and the most media attention was given to politicians and their conflicts. Although most portals maintained their neutrality when writing short news and reports, editorial preference could clearly be deduced from the selection of commentators and columnists. Almost no article emphasized the experiences of abused women and the importance of ratifying such a document for their safety and future.

Analisis strategi pemberdayaan masyarakat pasca pandemi: studi kasus di indonesia dalam perspektif ekonomi pertahanan

The Covid-19 pandemic has had an impact on economic changes in Indonesia. Therefore, this study aims to analyze more deeply related to the post-pandemic community empowerment strategy in the perspective of the defense economy in Indonesia. This study collaborated with ten participants through a qualitative approach. Data collection was carried out with a 95-minute Focus Group Discussion to review data related to post-pandemic economic changes and community empowerment strategies. In-depth interviews were conducted to obtain information related to the planning and development of the post-pandemic defense economy. The interview technique was conducted face-to-face and there were five participants. The interviewees included one community empowerment strategist, two defense economists and two representatives of non-governmental organizations. The duration of time required for in-depth interviews ranges from 65-90 minutes for one participant. The results of this study indicate the process of ratification of community empowerment and economic recovery efforts in Indonesia. In addition, planning and development of the post-pandemic defense economy. This research has implications for community development through processes and actions that can increase community empowerment after the pandemic

Beyond parliamentary ratification: the role of national and subnational parliaments in EU-Mercosur trade negotiations

ABSTRACT This article aims to assess how national and subnational parliaments have engaged with recent trade negotiations, by examining how they have been responding to the conclusion of the Association Agreement with the Southern Common Market (Mercosur), agreed in principle in June 2019. It argues that – even though the executives from both sides have reached an initial agreement – national and some subnational parliamentary actors have been playing a key role in the revision and implementation of this comprehensive inter-regional agreement, succeeding in stalling the accord even before its signature and the beginning of the ratification process. Besides, the article unveils major differences between the involvement of EU and Mercosur’s national and subnational parliaments concerning the agreement: while a high level of parliamentary mobilisation was observed in the EU, so far parliamentary involvement has been quite low in the Mercosur side.

Vulnerabilities in Kantian Constructivism: Why they Matter for Objective Normativity

Abstract In section 1 we present moral constructivism as a metaphysical project which grounds moral norms in the attitude of valuing by rational agents. In section 2 we establish that Kantian Constructivism – opposed to Humean Constructivism – seeks objective and universal moral norms through a process of rational construction and ratification of norms that does not draw on any kind of subjective attitude of valuing. In section 3 we explore whether Kant is a moral constructivist or moral realist, arguing that he might be read as a proto-moral constructivist whose formulas impose standards of correctness upon our moral judgments, from which we formulate moral norms as necessary facts of reason. In section 4 we argue that: 1) vulnerabilities have moral relevance which adds merit to the project of finding objective moral norms, and 2) the inclusion of vulnerabilities as empirical contingencies is compatible with Kantian Constructivism. We do so by considering vulnerabilities a constitutive aspect of finite rational agents which must, therefore, be implied and considered in the process of moral construction.

A community-developed extension to Darwin Core for reporting the chronometric age of specimens.

Darwin Core, the data standard used for sharing modern biodiversity and paleodiversity occurrence records, has previously lacked proper mechanisms for reporting what is known about the estimated age range of specimens from deep time. This has led to data providers putting these data in fields where they cannot easily be found by users, which impedes the reuse and improvement of these data by other researchers. Here we describe the development of the Chronometric Age Extension to Darwin Core, a ratified, community-developed extension that enables the reporting of ages of specimens from deeper time and the evidence supporting these estimates. The extension standardizes reporting about the methods or assays used to determine an age and other critical information like uncertainty. It gives data providers flexibility about the level of detail reported, focusing on the minimum information needed for reuse while still allowing for significant detail if providers have it. Providing a standardized format for reporting these data will make them easier to find and search and enable researchers to pinpoint specimens of interest for data improvement or accumulate more data for broad temporal studies. The Chronometric Age Extension was also the first community-managed vocabulary to undergo the new Biodiversity Informatics Standards (TDWG) review and ratification process, thus providing a blueprint for future Darwin Core extension development.

Bernard Bailyn's Eulogy for Pauline Maier (1938–2013) October 29, 2013

Bernard Bailyn's Eulogy for Pauline Maier (1938–2013) October 29, 2013

Assessing the Impact of the OECD’s Multilateral Instrument on China’s Tax Treaties (2017-2022)

This article examines China’s stance towards the OECD’s “Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting” (the MLI) (2017) regarding the ratification process. It also considers the effects of the MLI on the related provisions in China’s existing tax treaties.