Terms Of Rights Research Articles

Legal regulation of the right of private ownership to land plots in Ukraine

In this article was shown the features of private ownership of land in Ukraine. In particular, analyzes types of private ownership; identified civil grounds the acquisition of private ownership of land; considered the grounds and procedure for the right of private ownership of land. The right of private ownership of land means a specified area on land owned by a particular individual or a legal entity. The specific of the acquisition of private ownership of land are subjects who have that right. Citizens of Ukraine, foreign citizens, persons without citizenship are different in terms of rights to acquire land ownership. Thus, citizens of Ukraine may have in property any land, transfer the ownership of which is provided by the Land Code of Ukraine. Foreign persons and stateless persons cannot acquire ownership of agricultural land. If they received the agricultural land an inheritance, they should alienateitduring the year. Land plotson which are immovable property may be in these individuals on private property. The acquisition of property rights through privatization of land provided by the land legislation. If the authority refused to transfer land ownership or leaving the application without consideration, a citizen may apply to the court for forcing the appropriate authority to take actions necessary to free privatization of land. The procedure of privatization of land in the amount of land (share). The citizens - employees of state and communal agricultural enterprises, institutions and organizations, as well as pensioners from among them, interested in to get free in the ownership of land, which are in constant use of these enterprises and institutions file a motion for the privatization of these lands under the rural, town or city council or district, Kyiv, Sevastopol city state administration. The basis and procedure for termination of ownership of land. Causes for termination of land ownership are legal facts with which the law associates termination of legal rights of land ownership. The Land Code of Ukraine determines the legal facts that cause the termination of state, municipal and private land ownership.

The securitisation of migrant smuggling in Australia and its consequences for the Bali Process

ABSTRACTThis article analyses the Bali Process in the context of Australia’s securitised approach to migrant smuggling, and the consequences this has for both the Australia–Indonesia diplomatic relationship and the Bali Process overall. The Bali Process is the premier regional forum for combating migrant smuggling and is well placed to discuss and develop regional cooperation policies on irregular migration within the region. In particular, the Bali Process remains a key domain where Australia and Indonesia can contest and amend the norms and practices around the human rights of refugees and asylum-seekers. This article traces and analyses the emergence of Australia’s bilateral agreements for offshore processing and resettlement between 2011 and 2014, which Australian political elites aligned rhetorically to the Bali Process, but which the authors argue remain in tension with stated Bali Process objectives in terms of rights and protections for asylum-seekers and refugees. This article identifies that Australia’s security-driven policies and regional disagreements over humanitarian responsibility remain an ongoing tension within Bali Process states, and provides commentary on the implications of this for future Australian policy relating to regional cooperation on irregular migration.

The Human Right to Subsistence and the Collective Duty to Aid

If the human right to subsistence is a meaningful right, its very existence should have significance, both from the perspective of persons who hold the right and from the perspective of persons who are obligated to do something about it. That is, persons living in severe poverty and deprivation ought to be able to claim the content of the right from someone and the right should give affluent persons some idea about what is demanded of them. At first glance, the right to subsistence does not seem to do well on either score: it neither seems claimable for the right-holder nor to provide much guidance for the duty-bearer. If we assert that Abe has a right to subsistence and further that he does not have enough money to heat his house for the winter, what follows? Is he is entitled to knock on his neighbour Beth’s door and demand help? Why think that he has a claim against her in particular rather than the Rockefellers further down the street? And, why think that Beth is obliged to aid Abe and not another person of her choosing? If rights were neither claimable nor figured significantly into our moral reasoning about what to do, we would have good reason to question framing our moral discourse in terms of rights. But not all rights run into the same difficulty. If we assert that Abe has a right not to be tortured, what follows? He can claim this right against Beth, the Rockefellers,

Sovereign Debt Contracts: Implications of Trust Arrangements for Financial (In)stability

Market mechanisms alone seem to be insufficient to facilitate an effective interplay between sovereign debt actors in order to readjust their commitments in times of crisis. In this regard, the legal structure of finance has the potential to remedy the state of affairs. More precisely, this paper suggests that the trust arrangement can serve as an effective and efficient safety valve, within the meaning of the Legal Theory of Finance of Katharina Pistor, to overcome coordination problems, thus benefitting the sovereign bond market and debt restructurings in particular. In this sense, one might expect the trust arrangement to be properly structured in terms of rights and obligations of the parties involved. However, as this paper demonstrates by using the 2005 Argentine debt restructuring case study, the current flaws of the contract design and regulation preclude the optimal use of the trust arrangement. As a result, while most coordination problems are resolved, the agency problem emerges, amounting to a similarly dysfunctional debt restructuring mechanism except that the main negative outcomes are shifted from sovereigns to bondholders. In its main reasoning, the paper elaborates on the lack of fiduciary duties for trustees under New York law, which in turn hampers the correct application of the systemically important safety valve—the trust arrangement,—and hence legal intervention is necessary. Therefore, this paper suggests imposing higher fiduciary standards on trustees under sovereign bonds governed by New York law. One possible way of addressing the issue is to enact new regulation. Alternatively, private organisations, like the International Capital Markets Association, might be better suited to swiftly put the contractual framework in order.

Institutional Arrangements and Management of Environmental Resources in Ethiopia

<p class="1Body">The study was conducted in three main eco-regions, namely Bale Mountains, South-West and Semien Eco-Regions in Ethiopia with the following objectives - to: (i) review the current institutional arrangements in terms of rights and responsibilities, planning system, capacity, and motivation of local communities for the management of environmental resources in Ethiopia in general, and the forest sector in particular and (ii) assess constraints for the successful implementation of policies/legislation, strategies, programs, projects and actions at a landscape level. Focus group discussion and semi-structured questionnaires were used to collect data. Purposive sampling method was employed to select respondents. Environmental resources conservation and management (ERCM) institutions considered in this study were agriculture and natural resources, water, irrigation and electricity, land and environmental protection, local administration, and road authorities. Within the above-mentioned institutions a total of 56 questionnaires were administered and 48 interviews were conducted. The results show that the capacity of the existing institutions is constrained by lack of clear rights and responsibilities, absence of common result framework, absence of common planning system, high staff turnover, absence of spatial planners and failure to respond to the demands of community-based organizations. The institutional arrangements need critical review and analyses in order to design responsible institutions for ERCM at all levels, which includes availing knowledgeable and all-rounded professionals at all levels, with proper incentive mechanisms, who would be able to cope with future challenges emanating from climate change and other social tensions.</p>

ULTIMA RATIO PRINCIPO SAMPRATA

[full article and abstract in Lithuanian; abstract in English] In the process of criminalisation of certain offences, the relevant requirements for legislature must be raised, which limit discretion of legislature and do not allow distorting the essence of criminal law. The theory of criminalisation determines these requirements and one of them is the ultima ratio (latin last, final argument, last resort) principle.This principle means that criminal liability, being the most restricting measure in terms of rights and freedoms of persons, must be applied in exceptional cases only, when other legal or non-legal means are not sufficient in order to stop criminality.The content of the ultima ratio principle includes: 1) serious violation of individual, social and state legal interests;2) absence of alternative influence means for this violation in other legal branches. The content of the ultima ratio principle also encompasses inner (consistency of criminal law system) and outer (the means of criminal law is exceptional when compared with the means of other legal branches) aspects as well as aspects of legislature and implementation of law.The ultima ratio principle is given a different meaning: from the scientific recommendation for legislature to the obligatory constitutional principle. Due to the relation with the defence of fundamental rights and the principle of proportionality, which makes ultima ratio peremptory, the ultima ratio principle is considered as the regulatory provision of law – the legal principle which is related to criminal justice. Since the ultima ratio principle functions, first of all, in legislature, i.e. in the process of criminalization, it must be considered as the substantive special principle of criminal policy.

Law, Social Justice, and Marriage: An Anti-Essentialist View

At the forefront of the culture wars today in the United States is the issue of or equality. Advocates of equality eschew the term same-sex marriage or marriage as it denotes a separate kind of institution, something really marriage. term equality, on the other hand, suggests that what the law commands-equal protection in terms of rights and responsibilities-is fulfilled.1 In other words, equality extends to all people the stabilizing legal expectations that comes with that are reinforced in hundreds of different ways each day. These benefits break down roughly into six categories, including: death benefits, entitlements, evidentiary privileges, inheritance, surrogate decisions making issues, and tax issues.2 Yet, the legalistic explanation of is not enough; it also has a social component. United States Supreme Court, in its landmark decision creating a constitutional right to privacy among spouses, reiterated the social importance of marriage:Marriage is a coming together better or worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association as noble a purpose as any involved in our prior decisions.3The law, therefore, takes very seriously, as it should. For all of its imperfections, serves a range of functions that make life easier and more enjoyable most people during at least some part of their lives. Thus qualified, is a fundamental good. legal and social values of marriage, however, does not answer the question of who gets to enjoy its benefits. current battle is over couples, but previously it was over race and patriarchy, all of which reduce to, in my view, essentialist arguments that society has worked hard to overcome.WHAT IS MARRIAGE? WHAT CONSTITUTES A FAMILY? WHO DECIDES?According to the 2010 census, there are 901,997 couples in the United States.4 These were people who identified as being spouses or unmarried partners. By March 2013, the number of legally married couples was 120,000.5 Formal recognition of such relationships by the state is important a variety of reasons which I will discuss below-not the least of which, notes journalist Frank Bruni, for older relatives who now [have] a traditional vocabulary and framework- vows, rings, cake-for understanding the relationships.6 These and related symbols are important and, in some sense, they mean more than the $360,000 tax bill that Edith Windsor was facing when she successfully challenged the federal Defense of Marriage Act.7 Money, of course, is important, but not all currency involves dollars and cents.In other words, the symbolism of is precisely what gay people are fighting over. It is about other people understanding them and that we sometimes have to use the terms that other people recognize in order them to recognize us. Such people can be important, such as relatives who are trying to make sense of our lives, who love us and want to support us, but do not have a way to process our decisions. Or it can be strangers who interact with us as citizens through daily social intercourse. Simply, adopting the symbols of the dominant society becomes a useful way translating between different lived experiences. overall effect of such symbolic exchange can be a notable change in consciousness. As activist Arnie Kantrowitz has noted, The right to choose is the ultimate normalization of relations between gay and non-gay society.8 Such normalization is an end to which I hope will occur when the Supreme Court rules in June that the U.S. Constitution, in fact, guarantees Americans the right to enter into marriages.9In order readers to understand the importance of equality our society, I need to address the question: What is marriage? …

Indigenous Peoples in Paraguay: Dispensable Citizens?

This article aims to sketch out the current situation of indigenous peoples in Paraguay, both from a legal standpoint in terms of rights, that they supposedly enjoy and from the socioeconomic standpoint, which often reveals a huge contrast between reality and law. To this end, the author will briefly review the history of relations between national Paraguayan society and indigenous peoples, the legislative and ideological changes that have shaped this relationship, and the subjective perception that the majority of society has of native peoples.

Human Nature, the Humanities and Neoliberalism

What is the purpose of studying the humanities? This paper suggests we need to revisit this fundamental question by reclaiming an older, pre-Enlightenment vision of the humanities – a vision premised on a different view of human nature and invested in the notions of contemplation, wisdom, virtue and universality. These are not amorphous notions but are associated with traditions through which they are practiced and realized. And when applied to the sphere of late modernity, they tend act in opposition to features characteristic of this modernity. Specifically: contemplation as against the commoditizing of ideas; wisdom as against information without terminus; virtue as against subjectivity defined in terms of rights; and universality as against identity politics. It is our view that this older vision of the humanities – and the key to its ‘relevance’ today – is that it provides a refuge against, and a challenge to, the corrosive onslaught of a dehumanizing neoliberal modernity.

Athletic body stereotypes in the academic training of students in the Physical Activity and Sport Sciences

In the past years, despite advances in recent decades in terms of rights and equal opportunities between women and men, the male and female body stereotypes have not disappeared; on the contrary, they have continued to exist at an even greater scale. However, there are no current studies analyzing this phenomenon in terms of the perceptions held by future professionals in the field of physical education and sport in Spain. In this paper, we have tried to examine the stereotypes of gender that exist in the substructures of beliefs of students of physical and sports activity science in regard to the body of women in athletics. The study took place in three Andalusian public universities currently offering studies in the field of athletics (2009-2010, N= 424). Data collection was conducted through a questionnaire completed online. The analysis of data was conducted by descriptive statistics. Results show the existence of a stereotyped conception, both overt and covert, against the stated objective. Gender stereotypes detected on the woman's body on training in track and field are mainly located in physical appearance and performance, manifestations of gender in terms of the woman's body and on different events that took place . Their need to maintain beauty standards, brought under established social control, emanates from these perceptions.

Focus: Trade Union Rights in Turkey: a gloomy picture

Trade union rights have always been at the very bottom of the rights and freedoms agenda in Turkey – not just for the last years but during the entire history of the republic. In the post-2002 period of single party rule by the Adalet ve Kalkınma Partisi (AKP, English: Justice and Development Party), trade union rights were seen to suffer a considerable meltdown. Currently trade union density in Turkey is much lower than in the decade following the military coup of September 12th, 1980. Due to higher thresholds for entering into collective bargaining system, a very low number of workers benefit from collective agreements or are able to engage in collective action, including strikes. Union members are insufficiently protected from dismissal on the grounds of their trade union activities. Moreover the right to strike has been abolished de facto. Trade union legislation undermines trade union rights Turkey’s industrial relations legislation as a whole has not encouraged trade unionism – indeed, to some degree it has been hostile to the unions. There were no remarkable changes in trade union legislation during the AKP rule and the legislation of the coup d’état of 1980 went untouched. In 2010, some amendments were made to the provisions of the Constitution related to trade union rights. However, these changes, contrary to some claims, are not capable of creating meaningful expansion of trade union rights. The changes cannot satisfy the criticisms of the European Court of Human Rights, along with the ILO’s and the EU’s demands. Turkey’s new Law on Trade Unions and Collective Agreements (No. 6356) was enacted in December 2012. Even though the new law introduces some limited improvements especially as far as the founding of unions, as concerns the internal functioning of unions and union membership (within the context of freedom of association), it maintains, and in some areas even increases limitations, especially those concerning the rights to collective agreements and to strike. The Act did amend the double threshold system – 10 percent all of workers in a particular industry and more than 50 percent at in individual firms/workplace must join a union for it to be recognised – that had inhibited unionisation for 30 years. At first, the industry threshold was reduced to 3 percent for independent unions and 1 percent for unions affiliated with confederations under the umbrella of the Economic and Social Council (ESC). In 2015 the Constitutional Court decreed that all unions shall be subject to the 1 percent industry threshold. The law continues to maintain the workplace threshold of more than 50 percent where a company is composed of a single workplace, while lowering the threshold to 40 percent for enterprises composed of multiple workplaces, for example, banks. These high workplace and enterprise thresholds hamper union organisation, the effective representation of workers and the exercise of their right to bargain collectively. There are several unions and confederations for civil servants in Turkey but these have been left out of the analysis here for several reasons. They are regulated differently from the workers’ unions and differ markedly from them in terms of rights. It is still forbidden for some public officials to be unionised, and no civil servants have rights to genuinely free collective bargaining. They must submit to compulsory arbitration and are forbidden to strike. Moreover, while workers (in both the private and the public sector) work under individual employment contract, civil servants are subject to administrative law. Civil servants’ unions in Turkey work as associations rather than trade unions. The structure of trade unionism in Turkey Industry based unionism or the principle of ‘industrial unionism’ has been adopted in Turkey. Workplace and profession-based unions, along with regional unions and federations were not allowed. Instead, Turkey adopted a uniform, centralised industrial unionism by force of law. The new trade union law No. 6356 also limits the formation of unions to industry level and prohibits the formation of workplace, enterprise or occupation-based unions. Nor does it allow union federations, city- or region-based unions, or unions representing retired people, farmers or the unemployed. The trade unions in Turkey are organised mainly under three confederations or umbrella organisations. The leading one is the...

Respecting Rights and Fulfilling Duties: Bonhoeffer's <i>Formed Life</i> in Bioethical Perspective

A search for what Dietrich Bonhoeffer’s Ethics might have to say to contemporary bioethical reflection would logically lead to Bonhoeffer’s essay on “Natural Life,” which includes his longest explicit treatment of topics like sterilization, euthanasia, and abortion. However, approaching “Natural Life” with contemporary bioethical issues in the forefront of our minds would also likely produce a misreading of that essay and, indeed, of Bonhoeffer’s contribution to bioethical reflection in general. Many of us read Bonhoeffer in liberal democracies that frame bioethical issues in the language of autonomous individual’s rights. Therefore, when we encounter Bonhoeffer discussing bioethical issues in terms of rights, as he does in “Natural Life,” we are tempted to assume he is speaking our language. Especially when read in contemporary liberal democratic contexts, the Bonhoeffer of “Natural Life” can appear to be a bioethical theorist of rights. Properly understood, Bonhoeffer’s contribution to bioethical reflection in “Natural Life” comes not through his discussion of rights, but through the christologically defined anthropological concept of life that funds that discussion of rights. Natural life, says Bonhoeffer, is formed life, a life defined in terms of both form and content, understood as both means and end, and therefore lived according to both duties and rights. Because they are one aspect of this form-content structure, Bonhoeffer’s natural rights, in contrast to rights in a classical liberal context, entail duties.

Considerations Concerning the Changes About Civil Emancipation, in Accordance with the New Argentinean Civil Code

The Spanish version of this paper can be found at: http://ssrn.com/abstract=2610879This article has the main intention to present some comments concerning the new changes in the Argentinean Civil Code, which is going to be in activity this year (2015), in terms of promoting citizenship and engagement of youngsters to the world of job opportunities, effective participation in the task force market and increasing responsibility concerned to humans, specially in relation with a conscious attitude directed to the exercise of social life in terms of rights and obligations, in both perspectives, national and international, mainly in the countries joined in the MERCOSUR.

The tax liability of the LTD’ s managers acquiring sensitive goods

The rule is that the limited liability company is represented by the Board of Directors. However, the law incidentally permits members of the Executive Board to transfer its powers (by way of civil actions) to a proxy. More often managerial contracts are concluded, where a third party (outside the management) represents the company to external parties. The proxy is a special example of power of attorney. The difference between a proxy and a member of the Executive Board in terms of rights and obligations is determined by the law on commercial enterprises, and has an impact on tax law. Since 1 January 2014, a proxy can be held also liable for lack of solvency in case of turnover of sensitive goods. The company is also liable for the tax liabilities resulting from unreliable accounting of VAT by suppliers. The article discussed a range of considerations regarding the nature of the proxy, the management of the company and third party liability for obligations of the limited liability company.

A Modern Pascal's Wager for Mass Electronic Surveillance

A Modern Pascal's Wager for Mass Electronic Surveillance

Governing agriculture-forest landscapes to achieve climate change mitigation

This introduction to the special section on “Governing Agriculture-Forest Landscapes to Achieve Climate Change Mitigation” reviews external interventions to improve forest conditions and reduce deforestation, and by extension, influence carbon storage in agriculture-forest landscapes. The review is based on a careful survey of 123 cases of project-based and policy interventions to influence land use and forest cover outcomes. We propose that outcomes of interventions can be explained in terms of rights, incentives, and technologies related to land use and apply this framework to examine 12 types of interventions in agriculture-forest landscapes. The analysis of the identified 123 cases raises concerns about consistency of data and comparability of cases. Our preliminary evidence suggests limited association between the stated objective of an intervention and its success. This evidence also suggests that smaller scale and effective enforcement may be positively associated with improved forest outcomes. But the effectiveness of interventions across different agriculture-forest landscapes varies and available evidence does not permit easy generalizations. The variable effects of interventions across different agriculture-forest landscapes point to the need to better understand the forms and functions of interventions and to problems associated with assessing their relative efficacy.

Food Sovereignty and the Recognition of New Rights for Peasants at the UN: A Critical Overview of La Via Campesina's Rights Claims over the Last 20 Years

This article explores how human rights framing by the transnational agrarian movement La Via Campesina (LVC) has evolved over the last 20 years. It discusses how the movement has worked towards institutionalizing new categories of rights, such as the ‘right to food sovereignty’ and the ‘rights of peasants’, thereby contributing to the creation of new human rights standards at the United Nations (UN). It also critically addresses some of the challenges the movement has been confronted with when framing its demands in terms of rights. Its overall argument is that LVC has managed to tap the potential of the rhetoric of rights to find common ground, thanks to its innovative use of non-codified rights. This has enabled activists to ‘localize’ human rights and make them meaningful to their various contexts. However, it contends that further advancing the movement's goals will require serious consideration of some of the key limits of the human rights framework.

The discrepancy of meaning of citizenship between the state and society in China: Implications for citizenship education and policymaking

Although citizenship education has received significant official attention in China in recent years, its aim remains vague. At a time when social demands increasingly influence policymaking by the state, this article examines the meaning of citizenship to the state and society in China. Data are derived from a content analysis of the use of gongmin (the Chinese term for citizen or citizenship) in two distinct newspapers: People’s Daily and Southern Metropolis Daily. The results indicate that there is discrepancy of meaning of citizenship between the state and society. The terminology used by the state tends to highlight the responsibilities and participation of citizenship while societal discourses are likely to articulate the notion of citizenship in terms of rights. Four implications are drawn for developing citizenship education that not only balances rights and responsibilities but also promotes participation in China.

Human Rights Require ‘Cosmopolitan Constitutionalism’ and Cosmopolitan Law for Democratic Governance of Public Goods

The more ‘globalization’ transforms ‘national public goods’ demanded by citizens into transnational ‘aggregate public goods’, the stronger becomes the need for reviewing ‘Westphalian governance failures’ and related ‘legal methodologies’ (Section I). Resolving the ‘constitutional problems’ and ‘collective action problems’ of multilevel governance (e.g. in terms of constituting, limiting, regulating and justifying multilevel governance powers, participation and representation of citizens in governance and dispute settlement, rule of law protecting cosmopolitan rights) requires supplementing national Constitutions by ‘multilevel cosmopolitan constitutionalism’ empowering citizens and multilevel governance institutions to realize their collective responsibility for protecting human rights, rule of law and other interdependent public goods across frontiers (Section II). The prevailing ‘political realism’ and ‘constitutional nationalism’ neglect the customary law requirements of interpreting international treaties and settling disputes ‘in conformity with the principles of justice and international law’, including ‘human rights and fundamental freedoms for all’, in order to limit democratic accountability of governments (Section III). Human rights and multilevel protection of ‘principles of justice’ require cosmopolitan law based on constitutional, ‘public choice’ – and economic regulatory strategies limiting multilevel ‘governance failures’ as well as ‘market failures’ (Section IV). The human rights obligations of all UN member states limit governmental ‘margins of appreciation’ in dealing with economic crises and related austerity programmes (Section V). Governments and courts of justice must reconcile and ‘balance’ civil, political, economic, social and cultural rights depending on their diverse ‘contexts of justice’ and protect transnational rule of law not only in terms of rights and obligations of governments, but also as cosmopolitan rights of citizens as ‘agents of justice’ and ‘democratic owners’ of all governance institutions (Section VI).

Poor Women’s Empowerment: The Discursive Space of Microfinance

This article attempts to lay out the broad discursive space connecting the triad of microfinance, poverty and empowerment. Linking the neoliberal construction of individual agency with the construction of the role of ‘third world’ women in development, it critiques microfinance for a false promise of liberation which is predicated upon a reductionist approach to both poverty and patriarchy. The article argues that microfinance can at best become a coping strategy for poor people, with the onus of survival falling disproportionately on women without necessarily benefiting them in terms of rights and entitlements. However, with insights from primary observations, the article shows that it is possible for organisations to use microfinance as a tool to connect women to larger collectives and processes that are empowering. Such organisational initiatives require the right perspectives rather than huge funds. Thus, subversion of the neoliberal agenda can happen when microfinance is shorn of its larger than life image and used as a strategy in specific contexts.