States Parties Research Articles

Partisanship and perceptions of the consequences of welfare service privatization from left to right (-wing populism)

In view of increased support for a rightwing populist (RWP) party and marketization of the Swedish welfare state, here we study local politicians’ and voters’ perceptions of welfare service privatization. We specifically ask whether such perceptions form coherent attitudinal profiles, linked to partisanship and left-right ideology. Using survey data focusing on the views of local politicians and voters in Sweden, we analyze perceptions of potential consequences of privatization and apply cluster analysis to examine whether and how such perceptions are interlinked. The results show that two distinct and contrasting latent profiles can be identified based on the underlying pattern across eight indicators. A large majority displays these profiles, which are closely connected to partisanship and ideology. Moreover, an ambivalent profile is identified. Contrary to expectations, views expressed by RWP politicians and voters are mainly aligned with the coherent profile associated with social democrats but also to a lesser extent the ambivalent profile. Thus, there appears to be a duality in RWP politicians’ and voters’ perceptions of welfare service privatization, suggesting that the potential impact of increased support for an RWP party on the future development of welfare service delivery in Sweden is not clear-cut.

Legal Standing of Individuals and ngo s in Environmental Matters under Article 9(3) of the Aarhus Convention

Abstract Individuals and non-governmental organizations’ access to justice in environmental matters may be hindered by a variety of obstacles, such as the fulfillment of legal standing conditions. In this regard, the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), on its Article 9(3), imposes on each State Party the obligation to ensure members of the public, “where they meet the criteria, if any, laid down in its national law”, to have access to justice in order to challenge any violation of national environmental law. In this contribution, I focus on this provision with the purpose of assessing its normative content regarding the criteria for legal standing. To this end, I analyze the interpretation of Article 9(3) given by the Aarhus Convention Compliance Committee (accc), as well as the relevant case law of domestic courts and the Court of Justice of the European Union (cjeu).

RELATIONSHIP BETWEEN POLITICAL PARTIES, DEMOCRATIC GOVERNANCE, AND SUSTAINABLE DEVELOPMENT IN NIGERIA'S FOURTH REPUBLIC

This paper studies the correlation between parties, democracy, and development in Nigeria. The functions of parties in democratic states, notably that of competent leadership recruitment and that of articulating cohesive policy frameworks that translate socio-economic visions into reality, make them critical institutions for sustainable development. Against this background, we examine the role of parties in promoting development in the Nigeria’s Fourth Republic. This study is important since it investigates the factors that affect parties' ability to pursue cohesive policies for the development of Nigeria since democratization in 1999. Our findings will enrich the current discourse on development, especially the relevance of parties in it. We rely on textual data from multiple sources, including policy briefs, party manifestoes, and other relevant literature on parties and governance. We content analyzed these data to reveal insightful themes and sub-themes about our questions. Our conclusion shows that although parties can promote good governance and development, factors associated with their sociological origins and institutional capacities undermine this ability in the Fourth Republic. Parties' failure since 1999 is partly responsible for Nigeria's current governance and development crises.

„Rote“ Städtepartnerschaften als die besseren kommunistischen Beziehungen im geteilten Europa?

Abstract This article uses the example of a trilateral network of relationships to offer a critical and much-needed contribution to the history of town twinning across the Iron Curtain through the late 1970s and 1980s. The chosen case studies are Italy and France on the one hand, the two countries with the most influential communist parties in Western Europe – the PCI (Partito Comunista Italiano) and the PCF (Parti Communiste Français) –, and the SED (Sozialistische Einheitspartei Deutschlands, Socialist Unity Party of Germany) on the other, the state party of the German Democratic Republic (GDR). Exploration of such transnational relationships is essential for a better understanding of the Cold War on a regional and local level, as ideological disputes arose regularly despite the supposedly neutral character of municipal ties. What characterized the networking between the French and Italian cities, mostly governed by the PCF and the PCI respectively, and the „real socialist“ Eastern German municipalities, and why or to what extent did they constitute an exception within relations among the three communist parties? The essay critically examines this issue and shows that the translocal scope of the connections potentially enabled the relevant actors to maintain and secure the transsocietal and sociocultural focus of exchange even amidst the most serious tensions of the late Cold War. Nevertheless, countering the assumption that such connections thrived almost automatically thanks to the allegedly shared ideological roots of the participants, it shows that communal ties were virtually always torn between utopian visions of the future and the interests of „Realpolitik“.

The problem of determining the status and methodology for studying a political party

This article is devoted to the problem of determining the status and methodology for studying a political party. In the article, the legal status of a political party has been studied based on a comparison between countries’ experiences and its specific features have been revealed.

Improving global health security through implementation of the National Action Plan for Health Security in Sierra Leone, 2018–2021: lessons from the field

BackgroundAll countries are required to implement International Health Regulations (IHR) through development and implementation of multi-year National Action Plans for Health Security (NAPHS). IHR implementation requires annual operational planning which involves several tools such as NAPHS, State Party Annual Report (SPAR), Joint External Evaluation (JEE) and WHO IHR Benchmarks tool. Sierra Leone has successfully improved IHR capacities across the years through successful annual operational planning using the above tools. We conducted a study to document and share the country’s unique approach to implementation of NAPHS.MethodsThis was an observational study where the process of implementing and monitoring NAPHS in Sierra Leone was observed at the national level from 2018 to 2021. Data was obtained through review and analysis of NAPHS annual operational plans, quarterly review reports and annual IHR assessment reports. Available data was supplemented by information from key informants. Qualitative data was captured as notes and analysed for various themes while quantitative data was analyzed mainly for means and proportions.ResultsThe overall national IHR Joint External Evaluation self-assessment score for human health improved from 44% in 2018 to 51% in 2019 and 57% in 2020. The score for the animal sector improved from 32% in 2018 to 43% in 2019 and 52% in 2020. A new JEE tool with new indicators was used in 2021 and the score for both human and animal sectors declined slightly to 51%. Key enablers of success included strong political commitment, whole-of-government approach, annual assessments using JEE tool, annual operational planning using WHO IHR Benchmarks tool and real time online monitoring of progress. Key challenges included disruption created by COVID-19 response, poor health infrastructure, low funding and inadequate health workforce.ConclusionIHR annual operational planning and implementation using evidence-based data and tools can facilitate strengthening of IHR capacity and should be encouraged.

Domestication of the Rome Statute in the United Republic of Tanzania

The Rome Statute establishes four international crimes namely genocide, war crimes, crimes against humanity and crime of aggression. Every State Party to the Rome Statute is obliged to enact legislation giving legal force the Rome Statute in order to exercise her primary jurisdiction of investigating and prosecuting the crimes. Tanzania is a State Party to the Rome Statute with no legislation domesticating the Rome Statute. The Rome Statute as an international treaty does not form part of sources of law in the United Republic of Tanzania because article 63(3) (d) of the Constitution of the United Republic of Tanzania 1977 requires implementation of international treaties. This article excludes the discussion of the crime of aggression because the United Republic of Tanzania has not accepted the Kampala amendments of 2010. This article finds out the legal constraints facing domestication of the Rome Statute in the United Republic of Tanzania. The method applied to collect data is documentary analysis supplemented by interview and questionnaire which have revealed that, lack of political will is one of the legal constraints facing domestication of the Rome Statute. The article calls upon key actors to put their collaborative commitment and engagement of power, authority, support, duties and ability of reasonable actions to domesticate the Rome Statute in order for the United Republic of Tanzania to exercise her primary obligation of investigating and prosecuting the crimes as international crimes and to have legal capacity to cooperate with the International Criminal Court.

International Criminal Justice at the Russia-Ukraine Crossroads

Abstract The international community’s judicial response to the aggression of Russia against Ukraine in February 2022 and to the ensuing conflict is unprecedented in many ways. This article focuses on the investigations into the commission of war crimes and other serious international crimes conducted by Ukrainian authorities, other national authorities, various international bodies and the International Criminal Court (ICC), whose jurisdiction was triggered by a referral by 43 States parties to the ICC Statute. Some critical remarks are offered on the ambivalent relationship between Ukraine and the ICC. Ukraine is not a party to the ICC Statute, but the Court can exercise its jurisdiction by virtue of two ad hoc declarations rendered in 2014 and 2015. Despite the time that has elapsed since these declarations, Ukraine has not yet ratified the Statute and its government seems oriented to exploit the ICC mainly in an anti-Russian perspective. More in general, the huge efforts put in place by the international community in the investigation of international crimes committed in the ongoing conflict in Ukraine are disproportionate when compared to all other situations investigated and are already attracting criticism about selective justice. Such efforts represent on the one hand a potential model for a coordinated intervention in situations where mass atrocities are committed, on the other hand they are likely to remain isolated and confirm the perception that international criminal justice and the ICC are instruments in the hands of a few States.

The Travails of Prosecuting Serving Heads of State before the ICC: The Case of Omar Al Bashir and Vladimir Putin

Even though the International Criminal Court (ICC) is more than two decades after the Rome Statute was ratified by state parties, prosecuting serving heads of state before its jurisdiction has been a nightmare, albeit the Court does not recognise immunities before its jurisdiction. Accordingly, waiving the personal immunity of serving heads of state has been one of the greatest contentions before the Court as seen in the Al Bashir case. While cooperation in matters of arrest and surrender to the Court remains another major concern, the fact that the treaty creating the Rome Statute is primarily binding only on state parties is another obstacle, since consent is required from non-state parties before any prosecution. This article argues that prosecuting President Putin will result in a debacle just like his counterpart Al Bashir given that the issue of immunities and cooperation is still a major concern. Unfortunately, until all states become parties to the Rome Statute, this issue of state cooperation with the Court is still far from over. Consequently, all states are urged to become party to the Rome Statute to minimise the travails of prosecuting serving heads- of-state. Keywords: Rome Statute, immunities, cooperation in matters of arrest and surrender, serving heads of state, Vladimir Putin, Omar Al Bashir.

Do political parties always prefer loyalists? Evidence from South Korea.

This paper examines the relationship between ideological polarization and party disloyalty, focusing on the moderating role of the status of a political party in the legislature, i.e., the ruling party or the opposition party. It hypothesizes that the ruling party is willing to endorse disloyal candidates whose issue positions are not close to their own party's platform, whereas the opposition party is likely to punish disloyal candidates to demonstrate party unity in the nomination process. The present study tests this hypothesis, using data from South Korea, where the nomination process for the parliamentary election is dominated by party leaders. The results are by and large consistent with the hypotheses. In line with previous studies, our results suggest that party loyalty is one of the driving forces of polarization in politics. In order to fully understand party polarization at the level of political elites, it is necessary to consider heterogeneous effects of party members' behavior on candidate selection, varying across the party's status, either the ruling party or the opposition party.

International Obligations Calling for Constitutional Protection of the Right to a Healthy Environment

The international recognition of a universal right to a healthy environment is reaching its pinnacle. At least 156 States have recognised this right through the adoption of international treaties and 161 States have recognised it through their endorsement of UN General Assembly Resolution 76/300. While codified in several regional agreements, the right is not binding on all States through treaty law. The European Convention on Human Rights makes no explicit reference to the environment which might lead to the conclusion that States Parties are under no obligation to implement a right to a healthy environment into their domestic legal systems. However, the jurisprudence of the European Court of Human Rights indicates that this right may be a precondition to the enjoyment of other rights safeguarded by the Convention. Furthermore, it may be becoming universally binding as a standalone right under customary international law. This article concludes that various international obligations require States to ensure an explicit or implicit right to a healthy environment and that such a right should enjoy constitutional status. It explains that elements of the right may be implicitly embedded in constitutions even if they have no environmental provisions, as is the case of the Icelandic constitution. However, that is not an appropriate implementation of the standalone right to a healthy environment.

Fulfilling Right to Education for Rohingya Refugee Children in Indonesia

The results of data collection conducted by the United Nations for Refugee Affairs (UNHCR) revealed that out of a total of 1,001 Rohingya ethnic refugees from Myanmar scattered in several refugee camps in Aceh, Indonesia, there were 374 child refugees, of whom were children without pa the principle of universality of human rights states that all humans have the same rights without discrimination, including the granting of the right to education to children of asylum seekers in transit countries. Furthermore, for Rohingya refugees who are already in Indonesia, they are given humanitarian protection, including fulfilling the right to education for Rohingya refugee children, even though Indonesia is not yet a state party to the 1951 convention on refugee status and the 1967 protocol, and does not yet have a system for determining refugee status. The research results show, the Fulfilling Right to Education for Rohingya Refugee Children in Indonesia, based on Law no. 39 of 1999 concerning Human Rights which has standards from the Universal Declaration of Human Rights, while for the protection of refugee children it is confirmed by Law No. 35 of 2014 concerning Child Protection which is the signing and ratification of Covention on the Right of the Child and Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees from Abroad which specifically regulates refugees, ratifying the Convention on the Rights of the Child into Decisions President Number 26 of 1990, then Indonesia has directly agreed to the entire contents of the convention in all actions against children in Indonesia such as the state's obligation to protect children who are within its jurisdiction. The provisions of Government Regulation no. 78 of 2021 concerning Special Protection for Children, in Article 6. Indonesia Ministry of Education and Culture Circular Letter No. 752553/A.A4/HK/2019 concerning Fulfillment of the Right to Education for Children of Foreign Refugees, has opened the way for school-age children of foreign refugees to pursue formal education in educational institutions. The policy of the Indonesian government to fulfill the right to education for the children of overseas refugees should be appreciated. This is because Indonesia has not ratified the 1951 Convention on the Status of Refugees.

Rethinking social protection policy for persons with disabilities in Ghana

Globally, social protection plays a pivotal role in poverty reduction and has been adopted to address the needs of vulnerable populations in society, including persons with disabilities. Social protection is an essential mechanism to achieve sustainable development. The United Nations’ Agenda 2030 Sustainable Development Goals seek, among others, to ensure that state parties implement social protection which could prevent situations that adversely impact the well-being of their poor citizens. Poverty lingers in Ghana, despite interventions developed under the National Social Protection Policy. Disability is a social, economic, mental, and public health issue with over a billion of the world’s population living with some form of disability. Persons with disabilities are disproportionately poor because of challenges and barriers to their inclusion and full-effective participation in society. Guided by the Convention on the Rights of Persons with Disabilities and the Sustainable Development Goals, we conducted a content analysis of the National Social Protection Policy of Ghana. Twin-track approach to social policy development, modification to existing social protection programmes and the inclusion of persons with disabilities in decision-making processes are among the recommendations to address the needs of persons with disabilities in Ghana. How to reference using ASWNet style: Naami, A., Pumpuni, C. M., Mort, K. A. & Ofori, A. (2023). Rethinking social protection policy for persons with disabilities in Ghana. African Journal of Social Work, 13(5), 254-264. https://dx.doi.org/10.4314/ajsw.v13i5.4 Visit journal website: https://ajsw.africasocialwork.net

Monetary sovereignty in the digital era. The law & macroeconomics of digital private money

The relationship between private and public money has shaped the economic and legal debate over money for centuries. Private money can either compete with or complement public money and this depends on the applicable law and the relative powers of the State and private parties. The rise of disruptive digital and cryptographic technologies applied to money creation has the potential to innovate this century-long debate.This article proposes a framework to analyse the role of the law in the relation to the risks and benefits of having circulating private money competing with public money. Accordingly, the article highlights the unprecedented threat to monetary sovereignty, the risks to systemic stability and, ultimately, to democratic decision-making prompted by digital private money.To counter these risks while seizing potential efficiency gains generated by novel forms of private money, the article proposes to regulate convertibility and fragment by regulation such a potentially global market.

Integrating Climate Change into the Law of the Sea Convention: An Examination of Feasibility

The imperative to tackle climate change and its far-reaching consequences on both the environment and humanity is unquestionable. The Commission of Small Island States on Climate Change sent a request to the International Tribunal for the Law of the Sea, with a proposition to integrate climate change into the regulation of the United Nations Convention on the Law of the Sea. This proposition seeks to mandate state parties under the United Nations Convention on the Law of the Sea to protect and preserve the marine environment from climate change impacts. This paper critically engages with the shortcomings of the United Nations Framework Convention on Climate Change framework and explores the question of whether greenhouse gases meet the definition of pollution of the marine environment and further scrutinizes whether Part XII of the Convention should be revised to extend its regulation over climate change.

The impact and benefits of applying artificialintelligence in immigration management in Vietnam:Some theoretical, legal and practical issues

The development of artificial intelligence (AI) technology has had a strong impact on the political, economic, cultural, and social activities of countries around the world, including Vietnam. Many countries have been testing and applying AI in several fields and have seen future prospects. This reality requires countries to invest in researching and applying these achievements in various fields, including state management, to improve the effectiveness and efficiency of this field. Obviously, AI application is related to a complicated and high technical level which belongs to a wide range of issues. In the scope of this study, the authors only focus on clarifying the impacts and advantages of applying AI in immigration management, as long as propose some solutions to improve the efficiency of AI applications in in the coming time: strengthen the Party's leadership and State management in research and application of AI in the field of immigration management; establish good communication and educate laws on immigration; research and apply AI in immigration management...

The United Nations Convention on Genocide and How It Can Be Implemented in Criminal Codes of State Parties

The issue of developing effective mechanisms to prevent and punish the crime of genocide remains relevant in the modern world. Over the years, the UN has been trying to fulfil the mandate to ensure international security through the prevention of crimes against humanity. In this context, the study of the mechanisms of legal qualification and prosecution for these acts is of particular relevance. At present, the 1948 Convention on the Prevention and Punishment of the Crime of Genocide remains the main instrument regulating the responsibility for crimes that can be qualified as genocide. The purpose of this study is to analyze the practice of incorporating the provisions of the 1948 Genocide Convention and the problems of their criminal law regulation and modernization. The results are made up of interconnected target, procedural, and evaluation elements, which are based on the method of legal analysis of the legislative practice of countries with different approaches to the issue of genocide. All the examples given in the work show that the process of introducing effective mechanisms of prosecution for genocide by states, among which national courts can be named first, is ongoing, but it is happening very slowly.

The Right to Freedom of Expression and Hurting Religious Feelings: Global Perspective

In recent times, there has been a case of making abusive remarks, in particular, against the prophet of Islam or burning the holy Quran in public. These conducts no doubt outrage the religious feelings of people belonging to that religion. Against the backdrop of these recent events, this article engages the right to freedom of expression against hurting the religious feelings of individuals. Paragraph 2 of Article 19 of the ICCPR provides for the right to freedom of expression. Paragraph 3, however, recognizes “public order” as one of the grounds on which restriction may be imposed on freedom of expression. The HRC in General Comment No. 34 has provided that ‘prohibitions on display of lack of respect toward any religion including blasphemy laws’ are incompatible with the Covenant rights of freedom of expression. I argue that the HRC’s General Comment has been internally inconsistent so far as the freedom of expression at the one hand and its restriction on the “public order” ground at the other hand is concerned. Since maintenance of peace and public order is one of the mostly recognized functions of criminal law, I argue that the States parties to the Covenant should be allowed to prohibit ‘display of lack of respect toward religion’ since they have the tendency to stir up the breach of peace and public disorder. To remove the inconsistency, I also urge upon the HRC to amend the relevant part of its General Comment No. 34.In the background of these arguments, I attempt to justify the criminalization of hurting religious feelings coupled with some recommendations which if followed would reduce the chances of the State power from being abused. I hold that the urged amendment of the General Comment along with considering hurting religious feelings as crime coupled with the recommendations would make freedom of expression more internally consistent so far as its restriction on the “public order” ground is concerned.

Moving Beyond Baby Steps? An Examination of the Domestic Implementation of Concluding Observations from State Parties' Reports on the African Children's Charter

Moving Beyond Baby Steps? An Examination of the Domestic Implementation of Concluding Observations from State Parties' Reports on the African Children's Charter

Azerbaycan'da Kadın Hareketinin Gelişimi ve Yasal Belgelerde Toplumsal Cinsiyet Eşitliği ve Kadın Sorunlarının Yeri

As the first country in the East to grant women the right to vote and be elected, new political strategies were defined in Azerbaijan after gaining independence in 1991. The main problems related to gender equality, which is one of the issues included in the new political strategies, are women’s poor representation in public administration, early marriages, gender-based violence, women working in lower-paid jobs in the labor force, etc. During the presidency of both the father and son Aliyev, official international conventions on gender equality and women’s rights were signed and official laws were adopted. The issue of gender equality and women’s rights in official decisions of presidents, programs of state institutions and parties, and the effectiveness of these activities will be observed in this article. The official decrees, orders, and statements of the Presidents, statistics and projects of the State Committee for Family, Women and Children Affairs of the Republic of Azerbaijan, gender statistics of the State Statistical Committee, the program of the ruling New Azerbaijan Party since 1995 and the data of the Milli Majlis will be analyzed as the objects of research addressed to the issues mentioned above.