Duties Of States Research Articles

PROCEDURAL RIGHTS AND FACTUAL ACCURACY

ABSTRACTPeople have procedural rights because states are under a duty of political morality to provide them with fair procedures for settling disputes about the application of the laws. This obligation flows from the state's duty to treat each person as a free and equal member of the legal order. Yet adherence to procedural rights can impede accuracy in fact-finding, which in turn can result in poor protection for substantive rights. So the state also has a duty to provide a reasonable degree of accuracy in fact-finding. The legal order should therefore strive to improve the accuracy of fact-finding, within the constraints imposed by procedural rights people have. Nevertheless, the duty to provide reasonably accurate procedures is subordinate to the duty to provide procedural rights because the settlement of disputes among free persons must be conducted in a manner that respects their status as free persons.

Staatlichen Zölle - Portorium und Lizent - in den Städten den schwedischen Ostseeprovinzen

State Duties - Portorium and Licence - in the Towns of the Swedish Baltic ProvincesThe early modern mercantilist state focused on developing and exercising control over industrial and agricultural production as well as engaging in economic activities involving internal and external trade while collecting taxes and customs duties in order to fill the treasury. In the 16th-17th centuries, rapidly developing Sweden was no exception. It was in constant need of funds to support its growing bureaucratic apparatus and its army. From 1561, additional funds had to be allocated to retain and govern its expanding overseas territories. Trade and agriculture were Sweden’s principal source of income from its Baltic provinces. Therefore, it was deemed important to create an environment conducive to trade in order to generate greater tax and custom s revenues for the state. The customs tariffs of the Baltic Sea towns as well as the common customs system in Tallinn, Narva and Nyen arose from the state’s interest in bringing Western European andRussian trade back to the Baltic Sea.The aim of the article is to look rnore closely at the state duties - portorium and licence fees, plus oktroy and Anlage duties in Riga - levied on goods in the ports of the Baltic provinces of the Swedish realm, mainly Estonia, Livonia and Ösel (Saaremaa). The archival sources used in this study are the published and unpublished laws of the Swedish central authorities and the customs and account books which survive from the 17th Century. Of these, the most important ones were special customs and license ledgers from Estonia, Livonia, Ingria and Ösel in which the state receipts for licence duties and portorium from Riga, Tallinn, Narva, Nyen, Pärnu, Haapsalu and Kuressaare were registered. Separate Anlage duty records were kept in Riga. From the early 1630s, the account books of the governorates (ledgers, verifications and journals) also included state customs receipts, but each province was considered as a whole, without distinguishing separate towns. Data on portorium receipts can also be found in the town council archives, as the state ceded a third or even half of the customs receipts to the local town councils.Customs duties constituted one-third of the state’s revenues in the province of Estonia and one half or more in Livonia. The most important state customs were the portorium and licence duty (and the Anlage duty in Riga). While portorium was gencrally divided equally with the town where it was collected, licence duty was retained by the state in its entirety. Lesser duties were collected under the name Ungelder, and theamount and volume o f these increased over time. Generally, portorium duty brought in less revenue than licence duty. Sea customs tariffs, whichoften differed from town to town, formed a complex System. From 1648, only Tallinn, Narva and Nyen constituted a common customs region with lower customs tariffs than in Riga and Pärnu.

Sovereigns, Viruses, and the Law: The Normative Challenges of Pandemic in Today’s Information Societies

The paper examines the legal and political impact of the Covid-19 crisis, drawing the attention to fundamental questions on authority and political legitimacy, coercion and obligation, power and cooperation. National states and sovereign governments have had and still will have a crucial role in re-establishing the public health sector and addressing the colossal challenges of economic re-construction. Scholars have accordingly discussed the set of legal means displayed during this crisis: emergency decrees, lockdowns, travel bans, and generally speaking, powers of the state of exception. The aim of this paper is to stress the limits of such perspectives on powers of national governments and sovereigns, in order to illustrate what goes beyond such powers. Focus should be on the ontological, epistemic and normative constraints that affect today’s rights and duties of national states. Such constraints correspond to a class of problems that is complex, often transnational, and increasingly data-driven. In addition, we should not overlook the lessons learnt from such fields, as environmental law and internet governance, anti-terrorism and transnational business law, up to the regulation of Artificial Intelligence (AI). Such fields show that legal co-regulation and mechanisms of coordination and cooperation complement the traditional powers of national governments even in the times of the mother of all pandemics. The Covid-19 crisis has been often interpreted as if this were the last chapter of an on-going history about the Leviathan and its bio-powers. It is not. The crisis regards the end of the first chapter on the history of today’s information societies.

Public Housing, Private Owners: Sustainable Development Lessons from the Fight to Shut the Poletti Power Plant

In the twentieth century, traditional notions of state sovereignty underwent a profound transformation. Emerging principles of human rights and sustainable development revolutionized thinking about the responsibilities states have within their own territories. Sovereignty in its Westphalian sense — based on principles of non-intervention — gave way to a more nuanced vision of the State holding duties toward individuals and their environment. Thick layers of international theory began shaping the State duty to progressively realize human rights, including the right to development and the right to a healthy environment. The Brundtland Commission report Our Common Future introduced the concept of sustainable development, which was supposed to be the apotheosis of this process — the means of integrating economic, environmental and social drivers of state action. Unfortunately, sustainable development’s ambitious integration project rapidly found itself under the sway of neo-liberal economic theory, which prioritized economic integration and gave short shrift to economic and social concerns. It is time to reclaim sustainable development from neo-liberalism’s efficiency-based economic determinism. Those seeking to give social and environmental concerns equal weight in decision-making must seize the initiative — truly sustainable development will be ‘claimed not granted.’Things will change only if ordinary people demand it. Past advocacy efforts can offer guidance for what a successful claiming of sustainable development might entail. There is much to learn from close examination of successful, socially-oriented environmental advocacy — from what successful advocates/activists did on the ground, and how they shaped their environmental claims. This principle remains true even for actors who do not themselves make human rights claims, and do not self-identify as human rights actors. This chapter examines one such situation, using the successful campaign to shut the Charles A. Poletti Power Plant to glean lessons about how to push decision-makers to value social and environmental concerns equally with economic ones.

A Study on Some Issues Concerning the Theory of State's Duty to Protect Citizen's Basic Rights

국가의 기본권보호의무란 국민의 기본권적 법익을 역시 기본권주체인 사인의 위법한 침해 또는 급박한 침해의 위험으로부터 보호할 국가의 의무라고 정의되고 있다. 이 글에서는 국가의 기본권보호의무에 관한 쟁점 중 과소보호금지원칙과 과잉금지원칙과의 관계, 과소보호금지원칙의 심사강도, 그리고 기본권보호청구권의 세 가지 쟁점에 대하여 검토한다. 첫째, 과소보호금지원칙과 과잉금지원칙은 서로 다른 기능을 하는 독립적인 심사기준이다. 따라서 동일한 사안을 두고 가해자와 피해자가 동시에 심판을 청구하는 것은 상정하기 어려우므로, 하나의 사건에서 가해자와 피해자의 각 입장에서 위 두 개의 심사기준을 따로 적용할 이유는 없다. 둘째, 그동안 헌법재판소(다수의견)는 기본권보호의무 사건에서 ‘명백성통제’만을 적용하였다. 그런데 보호의무의 주체가 입법자가 아니라 행정권력이거나, 국가가 국민의 기본권적 법익을 보호하기 위하여 입법을 했는데 그 후에 그 보호수준을 낮추는 입법개정을 한 경우라면 그와 같은 입법개정행위로 인하여 국민의 기본권적 법익의 보호가 위태로워진 것이므로, 위와 같은 경우들에는 명백성통제보다 더 강화된 심사기준인 ‘타당성통제’(납득가능성통제)를 적용해야 한다. 셋째, 우리나라의 헌법과 헌법재판소법 및 헌법재판의 현실에서 보호청구권의 필요성이 인정되지 않는다. 뿐만 아니라, 보호청구권은 독일에서 기본권의 객관법적 측면에서 도출한 국가의 기본권보호의무를 사법적으로 강제하기 위하여 창안한 형식적 개념이므로 그 권리내용 또는 보호영역이 명확하다고 할 수 없다. 나아가, 보호청구권은 재판에 의하여 그 실현을 보장받을 수 있는 구체적 권리로서의 실질을 가진다고 볼 수도 없다. 따라서 보호청구권은 ‘헌법상 열거되지 않았지만 새롭게 인정할 필요성이 있는 기본권’이라고 할 수 없다.It is defined that state s duty to protect citizen s basic rights (hereafter as “the Duty”) is the duty of state to protect citizen s fundamental interests from illegal infringement or urgent danger of such infringement by private individuals. Here occur some issues. Among them this article deals with (a) relationship between the prohibition of minimum protection principle and the prohibition of excessive restriction principle, (b) standard of review of the prohibition of minimum protection principle, and (c) citizen s right to protection of basic rights (hereafter as “the Right”). First: The prohibition of minimum protection principle and the prohibition of excessive restriction principle are independent standards of review because they perform different functions respectively. It is improbable that an offender and a sufferer file a lawsuit or a constitutional complaint on the same case. Therefore it is unnecessary that the Korean Constitutional Court (hereafter as “the Court”) should apply the two principles in one case. Second: The Court (majority opinion) has applied only ‘Evidenzkontolle’ on the Duty case so far. But if the main body of the Duty is not National Assembly but the administrative power, ‘Vertretbarkeitskontrolle’ should be applied which is more intensive than Evidenzkontolle. It should be also applied on the case that once the state enacted a law to protect citizen s basic rights and later amended it to lower the protection level, because the protection of citizen s basic rights was put in danger by the action. Third: The necessity of the Right is not acceptable under the Korean Constitution, Constitutional Court Act and the actuality of constitutional litigation. And the Right is so formal concept that its content or protection range is not clear. Moreover, it does not have a substance as a specific right that can be realized by litigation. Therefore we can t say that even if the Right is not enumerated in Korean Constitution but should be newly admitted as a basic right.

Penilaian Prestasi Kerja Pegawai Negeri Silpil di Badan Kepegawaian dan Pengembangan Sumber Daya Manusia Daerah Kabupaten Bungo

Human resources (HR) is a very important factor that cannot even be separated from an organization, moreover a country or government organization. The success or failure of an organization is very dependent on the ability of human resources in moving management within the organization through the form of effectiveness and efficiency. Human resources are an important asset for the organization because it is closely related to the running or not of other resources. The Bungo Regional Human Resources and Human Resources Agency (BKPSDMD) has an important role in supporting the performance of the government to improve the quality of Civil Servants in the Bungo Regency government environment in order to be able to provide the best service to the community in a professional, honest, fair and equitable manner in carrying out state duties, governance and development. The point is that Civil Servants as one of the main driving factors for the implementation of development both at central and regional levels.To see the performance of apparatus resources in accordance with what is needed or not, an assessment of work performance or performance that is objective is needed. This assessment process must be able to reflect the performance of civil servants in real terms without bias and disagreement. Moving from these thoughts, the authors are interested in conducting research under the title "Performance Appraisal of Civil Servants in the Agency for Civil Service and Human Resources Development in the Bungo District" Civil aims to make research writing and its application become easy and structured. Therefore, the authors limit research on the Performance Appraisal of Civil Servants in the Civil Service and Human Resources Development Agency of the Bungo District. Based on the results of research on the Performance Appraisal of Civil Servants in the Civil Service and Human Resources Development Agency of the Bungo District, the authors assess the Performance appraisal of the Civil Service and Human Resources Development Agency of the Bungo District has been running quite effectively. There are Inhibiting Factors in the Performance Evaluation of Civil Servants in the Civil Service and Human Resources Development Agency of the Bungo District, both internal and external, so that in the future can make efforts in the assessment of work performance. Suggestions from the author to the Civil Service and Human Resources Development Agency of the Bungo District to streamline the Performance Assessment of Civil Servants and overcome the existing obstacles.

Social Responsibility of Pharmaceutical Industries: Feasibility of CSR for Corporates

International Human Rights Law regards certain rights as inherent to all human beings. These rights are granted to them regardless of race, sex, nationality, ethnicity, language, religion, or any other status. The responsibility of granting these rights to its citizens falls as an obligation on government. On the contrary, corporate have evolved on the basic premise of profit devoid of any human rights responsibility. It's not erroneous to say that Human rights and corporate are incongruous nexus since the ages. The corporates are bound by certain moral obligations though. This moral responsibility of corporates towards society which is commonly termed as Corporate Social Responsibility (hereinafter CSR) is nothing new as a concept. The corporates world over have been taking refugee under this and shrugging their responsibility towards the society in the name of CSR as it was at their whims and fancy. In 2008, responding to the invitation by the Human Rights Council for the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises to submit his views and recommendations for its consideration, Prof. John Ruggie, of Harvard University, presented a report as conceptual and policy framework to anchor the business and human rights debate, and to help guide all relevant actors. The framework comprised of three core principles: the State duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and the need for more effective access to remedies (which can be termed as Protect, Respect & Remedy). Ruggie report and recent changes in the trend has brought worldwide attention to the conditions of those living in less developed countries and their human rights. India also amended its Company Law in 2013 to make CSR mandatory for certain bracket of companies. Recently Pfizer put on hold on the sale and marketing of its products which was used by the state as lethal injections for capital punishment in its country. The reason cited was moral responsibility towards society. The question arises that do the pharmaceutical companies have heightened responsibility towards society? Is 2% mandatory CSR enough for pharmaceutical companies? Do pharmaceutical companies have a common but differentiated responsibility towards society because of basic reason of its customer are choosing their products by choice but because they need it to fulfill their basic human right of right to life? By answering these questions and analyzing Ruggie report with special reference to pharmaceutical companies, the researchers have looked into the merging responsibility of corporate and government towards human rights. The research is purely a doctrinal study with the help of secondary data. The research article has limited its universe to the Pharmaceutical Companies, as they need to have a heightened sense of moral responsibility because of the nature of their consumers and products. The researchers have also tried to posit a theory of CSR for protection of basic human rights of access to medicines by pharmaceutical companies, which will be ultimately helpful towards policy-making decisions of southbound countries.

Judicial Reform in the American States: The Chief Justice as Political Advocate

The state courts of last resort are vital components of American judicial system, disposing of many important legal matters. The chief justices of these courts serve consequential roles in these institutions. Although scholars have examined the selection and duties of states’ chief justices, their interactions with the elected branches are understudied. We focus on how chief justices on state high courts use their roles to encourage judicial reform. Specifically, we examine the determinants of chief justices’ successes or failures as advocates for their justice systems. To analyze why chief justices succeed or fail as reform advocates, we analyze the fate of reform proposals offered in state of the judiciary addresses. Our results indicate that greater ideological similarity between the state legislature and chief justice or state supreme court median increases the odds of an agenda item being enacted. We also find that the scope of a policy request influences the likelihood it will be granted.

Procreative Non-Maleficence: A South African Human Rights Perspective on Heritable Human Genome Editing.

If the safety and efficacy issues relating to heritable genome editing can be resolved, how should liberal democratic societies regulate the use of this technology by prospective parents who wish to effect edits to the genomes of their prospective children? We suggest that recent developments in South African law can be useful in this regard. The country's apex court recently recognized as a legal principle that the scope of possible reproductive decisions that parents may make when using new reproductive technologies excludes decisions that will cause harm to the prospective child—the principle of procreative non-maleficence. We suggest that the principle of procreative non-maleficence provides a mechanism for striking an equitable balance between two competing interests that are given legal recognition in most liberal democracies: the reproductive rights of prospective parents and the state's duty to protect child welfare.

The Right to Reintegration

“Western” democracies take an uneven view of the state’s role in reintegrating the incarcerated following punishment. Particularly in the United States, where retributivism remains punishment’s dominant justification, questions of punishment center on how wrongdoers ought to suffer for transgressions. Thus, reintegrative programs are viewed as a question of policy preference for various jurisdictions, and a question of grace for the state. A republican political theory, centered on our civic bonds, emphasizes different commitments. On this view, punishment is justified where a citizen attacks another in ways that deny their civic equality and undermine our ability to maintain a common civic life. But the same justification that requires protecting civic equality through punishment compels the state to reintegrate offenders after punishment; the right to punish and the obligation to reintegrate are complementary political duties. As such, reintegrative policies are not merely the state’s choice but rather a state duty and an offender’s right. This article explores the obligations the state owes ex-felons in reintegrating them into civic society across a range of political and civic rights. It also addresses reintegration’s important role in ameliorating the racial scars of American criminal punishment.

Snow Crab in the Barents Sea: Managing a Non-native Species in Disputed Waters

The introduction of a new species to the Barents Sea raises questions as to the rights and duties of states under the law of the sea to exploit, manage and conserve the species. This paper discusses three of them. The first question is whether the snow crab qualifies as a sedentary species. The entitlements and competence of states in respect of living marine resources depend on the location and the characteristics of the species. If it qualifies as a sedentary species under the law of the sea, it is subject to the sovereign rights of the coastal States. Otherwise, it is subject to the sovereign right of the coastal States as well as the freedom of fishing, dependent on its distribution. The second question is what, if any, obligations Norway as a coastal State has in respect of conservation and management of the snow crab and how Norway is complying with these obligations. This includes a discussion of whether the snow crab qualifies as an introduced, alien species and the possible implications for the obligations of the coastal State. The area of distribution of the snow crab includes waters within 200 nautical miles off Svalbard, raising a third question as to the implications of the 1920 Treaty concerning Spitsbergen (Svalbard Treaty) and in particular whether fishing vessels of Contracting parties have the right to participate in the harvest on an equal footing with Norwegian vessels. The Norwegian Snow Crab Regulations effectively reserves the harvest of snow crab for Norwegian fishing vessels. The paper discusses the implications of a recent decision by the Norwegian Supreme Court on dismissal of an appeal by a Latvian vessel and its captain convicted for illegal harvest of snow crab within 200 nautical miles off Svalbard.

Nasljednopravna stvar s prekograničnim elementom i nadležnost u okviru Uredbe (EU) br. 650/2012 o nasljeđivanju

Nakon četiri godine otkako je u primjeni Uredba (EU) br. 650/2012 Europskog parlamenta i Vijeća o nadležnosti, mjerodavnom pravu, priznavanju i izvršavanju odluka i prihvaćanju i izvršavanju javnih isprava u nasljednim stvarima i o uspostavi Europske potvrde o nasljeđivanju, u radu će se analizirati i raspraviti određena načelno teorijska, ali i implementacijsko-praktična pitanja na temelju rezultata provedenog empirijskog istraživanja o primjeni Uredbe u Hrvatskoj i Sloveniji tijekom svibnja – rujna 2019. Kroz analizu normativnog okvira Uredbe, kao i europskih i nacionalnih, hrvatskih i slovenskih provedbenih propisa te iskustva tri skupine hrvatskih i slovenskih praktičara (sudaca, javnih bilježnika, odvjetnika), cilj je istraživanja odrediti i analizirati nedostatke postojećega normativnog uređenja i probleme u primjeni Uredbe. Nakon uvodnih napomena o predmetu i metodologiji istraživanja, u radu se nastoji odrediti nasljednopravna stvar s prekograničnim elementom, materijalno područje primjene Uredbe te odnos prema drugim europskim uredbama. Potom slijedi dio o načelu jedinstva ostavine u kojem se raspravlja o određenim pitanjima postojanja imovine koja čini ostavinu u trećim državama, posebice susjednim postjugoslavenskim državama. U četvrtom dijelu rada o nadležnosti, analiziraju se i raspravljaju pitanja određivanja uobičajenog boravišta u praksi, izazovi s kojima se susreću nadležna tijela pri utvrđivanju nadležnosti, kao i određena pitanja uz sporazum o nadležnosti. Raspravlja se i o izazovnim situacijama postojanja dvostruke litispendencije u državama članicama, a kao posljedica dužnosti nadležnog tijela u nekim državama članicama, poput Hrvatske i Slovenije, da po službenoj dužnosti pokreće ostavinske postupke ako se nekretnine nalaze na njezinu području. U zaključnom dijelu rada daje se sinteza glavnih rezultata istraživanja, kao i određena promišljanja u cilju koherentne primjene Uredbe u Hrvatskoj i Sloveniji, posljedično i u ostalim državama članicama.

The Cosmopolitan Tradition: A Noble but Flawed Ideal by Martha C. Nussbaum

Reviewed by: The Cosmopolitan Tradition: A Noble but Flawed Ideal by Martha C. Nussbaum Ryan Patrick Hanley Martha C. Nussbaum. The Cosmopolitan Tradition: A Noble but Flawed Ideal. Cambridge, MA: Harvard University Press, 2019. Pp. 309. Cloth, $27.95. Martha Nussbaum's latest book is a lucid and accessible study of a concept with clear contemporary relevance. In an age of resurgent nationalism, a study of the idea and ideals of cosmopolitanism is remarkably timely. But this is hardly a mere tract for the times; as its acknowledgments note, parts of the book date back to 2000 (289). And ultimately, for all its timeliness, this is a scholarly rather than a popular study of "the long tradition of cosmopolitan political thought" (1) and the ways this tradition can help inform current debates in political philosophy. Nussbaum's book is organized into seven chapters. The first lays out the core idea of the cosmopolitan tradition: the Cynic/Stoic insight "that politics ought to treat human beings both as equal and as having a worth beyond price." Nussbaum calls this "one of the deepest and most influential insights of Western thought" (2) yet is keenly aware of the challenges involved in translating this ideal into political practice. A key argument of her book is that an otherwise admirable commitment to a "dignity that life's accidents cannot erode" led several leading cosmopolitans to devalue external goods and claim that material goods are "unnecessary for human flourishing." Thus, the "bifurcation of duties" that Nussbaum finds at the heart of the cosmopolitan tradition, which elevates and absolutizes duties of respect and justice to others, also downplays duties of material aid (5). The second chapter turns to Cicero, the source of this "puzzling bifurcation" (9). Cicero, it is shown, separated duties of justice from duties of material aid (20–23), as the former are "universal, and impose strict, exceptionless obligations" (30), whereas duties of beneficence are "imperfect" (47)—a view said to be shaped by Cicero's acceptance of the Stoic position that external goods are mere "gifts of chance" and "irrelevant for the truly well-lived life" (34). Chapter 3 turns to the Stoics directly to develop this idea that external goods are things "indifferent" and "not necessary" for flourishing (79, 72). This provides Nussbaum an opportunity to introduce her own "moderate cosmopolitan" alternative, which [End Page 829] counters that human beings need material goods in order to cultivate our capacities: we all "require external support—love, health, food, shelter, education" to develop "mature human internal powers of choice, action, and emotional response" (91). Chapters 4 and 5 shift from antiquity to modernity, focusing respectively on Grotius and Adam Smith. Grotius is credited with "bringing the Stoic tradition into the modern world" (99) by translating the question of duties of beneficence into one of the duties of states to provide international humanitarian aid, and is praised for his insight that "nations and their citizens have moral obligations to people in other nations" (11, see also 119–23). Yet it is Smith who is credited with "the most useful contributions toward undoing the bifurcation" in emphasizing "national commitment to material redistribution" (12). But even as Smith is praised for his "decisive progress on these problems" (143) by recognizing that "deprivation of external goods can damage the development of parts of the personality essential for a life worthy of human dignity" (159–60, see also 165), his system is said to be vitiated by its "deep attachment to some problematic Stoic doctrines" (144, see also 175), including especially a "Stoic machismo" (197) replete with "sadomasochistic elements," for which he is said to have had "a quasi-erotic fascination" (201–2). The final two chapters turn from the tradition to today, suggesting various ways in which Nussbaum's own "capabilities approach" in fact "fleshes out the insights of the tradition" (236). Chapter 6 examines how the capabilities approach can help us make headway on problems in human rights law and humanitarian intervention and asylum, while chapter 7 argues that the key to overcoming the tradition's bifurcation lies in rethinking both moral psychology and the nation. Nussbaum is at her best in these final chapters on contemporary...

Care and Solidarity in the Time of Covid-19 The Pandemic Experiences of Filipinos in the UK

:This article provides a preliminary account of how the lives of UK-based Filipinos have been affected by the Covid-19 pandemic using care and solidarity as lenses to make sense of their experiences. By undertaking an intersectional analysis, it demonstrates how Filipinos' experiences have been significantly shaped by the fact of their being migrants, which folds racism into their experiences. Alongside race/ethnicity and citizenship/migration status, their relationship with or location in the labor market has also shaped the impact of the pandemic on their lives. It concludes with a reflection on the duty of states to care for migrants.

مؤشرات تعميم التعليم الأساسي في مصر في ضوء الأهداف الدولية للتنمية المستدامة

لقد تزايد الاهتمام بالتعليم في الآونة الأخيرة نظرا لاعتباره الرکيزة الأساسية للتنمية المستدامة. وحيث أن التعليم الأساسي يعد أهم مراحل التعليم؛ لذا أصبح التعليم الأساسي حقا إنسانيا وواجبا علي الدول تعميمه وتوفيره للجميع. وتأکيدا لذلک جاء هدف تعميم التعليم الأساسي ضمن الأهداف التنموية للألفية الثالثة. من هنا جاء اعتراف مصر بأهمية تعميم التعليم الأساسي، إلا أن تحقيقه لا يزال يشکل تحديا نظرا لعدم قدرة النظام التعليمي علي استيعاب جميع الأطفال في سن التعليم الأساسي أو الاحتفاظ بهم حتي إتمام تلک المرحلة أو إکسابهم مهارات القراءة والکتابة الأساسية. ولضمان تحقيق تعميم التعليم الأساسي فمن الضروري تحديد المؤشرات المستخدمة في تقييم التقدم نحو تحقيق تعميم التعليم الأساسي، ولذا يسعي البحث الحالي نحو التعرف علي المؤشرات المستخدمة لقياس التقدم نحو تحقيق تعميم التعليم الأساسي في مصر في ضوء الأهداف الدولية للتنمية المستدامة. وذلک من خلال المحاور الآتية:  المحور الأول: يتضمن التطور التاريخي للأهداف التنموية للألفية وصولا إلي الأهداف الدولية للتنمية المستدامة.  المحور الثاني: ويتمثل في التعرف علي واقع تعميم التعليم الأساسي في مصر من خلال المؤشرات المستخدمة في قياس التقدم نحو تحقيق تعميم التعليم الأساسي  المحور الثالث: ويشمل انعکاس الأهداف الدولية للتنمية المستدامة علي تعميم التعليم الأساسي. Abstract Attention to education has increased in recent times, as it is considered the main pillar of sustainable development, and that basic education is the most important stage of education. Thus basic education has become a human right and a duty of states to generalize and provide it to all. In affirmation of this, the goal of achieving universal basic education came within the development goals of the third millennium. Hence, Egypt's recognition of the importance of mainstreaming basic education came from, but achieving it remains a challenge due to the inability of the educational system to absorb all children of basic education age or keep them until they complete that stage or provide them with basic reading and writing skills. In order to ensure the achievement of universal basic education, it is necessary to define the indicators used in assessing progress towards achieving universal basic education, and therefore the current research seeks to identify the indicators used to measure progress towards achieving universal basic education in Egypt in the light of international goals for sustainable development. And this is through the following axes: The first axis: includes the historical development of the Millennium Development Goals to reach the international goals of sustainable development. The second axis: is to identify the reality of universal basic education in Egypt through the indicators used to measure progress towards achieving universal basic education. The third axis: includes the reflection of the international goals for sustainable development on universal basic education.

Guiding principles on business and human rights: The important attempt to address corporate human rights abuses

The rapid increase of power of transnational corporations and other business enterprises prompted initiatives for the international legal regulation of these entities with regard to human rights. This paper provides a critical overview of the first globally accepted standard that regulates human rights responsibilities of transnational corporations, namely the United Nations Guiding Principles on Business and Human Rights (UNGPs) - an international instrument consisting of 31 principles implementing the United Nations 'Protect, Respect and Remedy' framework on this issue of human rights and transnational corporations, and other business enterprises. The paper examines the UNGPs' three pillars: a) the state duty to protect human rights; b) the corporate responsibility to protect human rights; and c) access to remedy for victims of corporate violations of human rights. It also provides a brief introduction to initiatives that preceded the UNGPs. While presenting the advantages of addressing the business-related human rights abuses through the soft law instrument, the paper also addresses a number of shortcomings of the soft law approach that underlie the UNGPs.

ISSUES OF JUDICIAL ORGANIZATION AND JURISDICTION OF COURTS OF FIRST INSTANCE IN THE REPUBLIC OF ESTONIA

The United Nations obliges the national legislator to pay particular attention to issues of jurisdiction through the International Documents. These obligations are specified in clause 1 of Article 14 of the Covenant on Civil and Political Rights and in clause 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It is the duty of states to guarantee rights to a fair public hearing by a competent court without delay. Jurisdiction issues, i.e. competencies of criminal courts in the Russian Federation, are regulated by Article 31 of the Criminal Procedure Code of the Russian Federation. The rules of this article are of great importance. Thus, the fulfillment of the requirements of Article 31 of the Criminal Procedure Code of the Russian Federation consists in the fact that if the rules of this article are violated, this automatically leads to the sentence cancellation and the re-examination of the criminal case. Similar serious attention is paid to the legislator of the Republic of Estonia. The legal system of this country is part of the Romano-German legal family, having peculiar differences. In order to alleviate the workload of the courts of first instance, offenses were singled out in the Criminal Code as an independent form of punishment, and the simplified (summary) proceedings were also stipulated for application.

A DIMENSÃO JURÍDICO-INSTITUCIONAL DA POLÍTICA PÚBLICA DA REGULARIZAÇÃO FUNDIÁRIA URBANA DE INTERESSE SOCIAL E A BUSCA DE SUA EFETIVIDADE

A Constituição Federal de 1988 consagra o direito social à moradia, aí positivado em face da marcha desordenada que se deu, no país, do campo para as cidades, principalmente no século XX, que levou à inevitável degradação da urbe brasileira; apesar da previsão, o problema persiste, em escala nacional. Paralelamente, e diante da escassez de recursos públicos para prover o direito subjetivo a um lugar para morar, o que há são os deveres estatais de criar políticas públicas habitacionais e de prover recursos para tanto, decisões eminentemente políticas. Assim, tema cuja abrangência não se circunscreve, na busca de sua efetividade jurídico-social, a componentes jurídico-legais, para que seja adequadamente compreendido, demanda estratégia diversa daquela utilizada para questões de Direito tradicionais. Nessa investigação, utilizar-se-á o “Quadro de Referência de Políticas Públicas” (Bucci) para análise de uma das políticas habitacionais, qual seja, a da regularização fundiária urbana de interesse social e sua novel conformação, dada pela Lei nº 13.465, de 2017, e como o Poder Judiciário pode atuar sobre seu desenho institucional, o que afasta, pois, a presente pesquisa, da tradicional abordagem de questões ligadas ao mínimo existencial/reserva do possível.

The Denial of Oral Hearings by International Administrative Tribunals as a Factor for Lifting Organizational Immunity before European Courts

Although formally provided for in particular statutes, certain international administrative tribunals continue to hold oral hearings—if at all—only on the rarest of occasions. With specific attention to the International Labour Organization Administrative Tribunal, the present paper aims 1) at recapitulating essential holdings of the European Court of Human Rights with regard to the right to access to a court in the context of employment-related claims against international organizations; and 2) at examining the relevance of oral hearings in the determination of proportionality of organizational immunity. The analysis shows that, in principle, the denial of oral hearings by international administrative tribunals results in the duty of states to afford individuals access to a court. In the realm of international law, a conflict with the obligation to grant immunity ensues. As yet, domestic courts have remained reluctant to overrule immunity on human rights grounds.

Gender and the boundaries of international refugee law: Beyond the category of ‘gender-related asylum claims’

The adoption of gender guidelines aiming to ensure consistency in gender-sensitive interpretation of the UN Refugee Convention definition demonstrates a general acceptance that gender is relevant to the question of who is a refugee. However, there is evidence that States have failed to adequately undertake the process of gender-sensitive interpretation and implement these guidelines comprehensively. Accordingly, this article argues that the general rule of treaty interpretation in international law enables the identification of a legal obligation of State Parties to the Refugee Convention to take gender into account when interpreting the refugee definition. The precise scope and nature of the duty of States to take gender into account is identified through a dynamic approach to interpretation by reference to international human rights norms. Overall, this article claims that the conceptualisation of a legal obligation in international law to interpret the refugee definition in a way that takes gender into account is inhibited by the development of a distinct category of ‘gender-related asylum claims’ within gender and refugee law scholarship. Consequently, this article presents a challenge to the borders implicit in the category of ‘gender-related asylum claims’ by revisiting the boundaries of international refugee law.