Territorial Principle Research Articles

The economic effects of the territoriality principle

Abstract The territoriality principle stipulates that minority communities in a given territory should be linguistically accommodated. What are the economic effects of this principle? In this paper, we argue that the recognition of multiple languages confers respect on the minority group; it allows people to engage and participate meaningfully in society – thereby facilitating economic well-being. There is, however, a caveat: when recognition happens in areas where the minority is the overwhelming majority, there is a risk that the near-exclusive use of the minority language cuts the community off from the larger national state, which in turn stunts development. To test this, we focus on Transylvania, Romania. We leverage a legal stipulation that recognizes minority languages in areas where the minority constitutes more than 20% of the population. Using data at the municipal level, we find that recognition increases economic well-being in general – but not in areas where the minority are numerically dominant. Our results are normatively welcoming, but they also caution governments not simply to recognize minority languages but also to protect them adequately.

Personality and territoriality in theory and in Belgium

AbstractLanguage policy debates regularly refer to the principles of personality and territoriality. Yet the precise meaning of these principles remains unclear. In this contribution, I conceptualize these principles as poles of a continuum between official bilingualism (instantiating the personality principle) and official unilingualism (exemplifying the territoriality principle), with a mixed regime in between (which grants a certain territorial primacy to a language, but allows exceptions based on linguistic affiliation). The question of the determination of particular points on the continuum cannot be separated from the metaterritorial question of the boundaries of the units within which those principles apply. Application of this ‘continuum model’ to Belgium draws attention to three language-political regimes. The first invokes a strict personality principle (Brussels). The second follows the strict territoriality principle (almost all municipalities in Flanders and Wallonia). The third is a mixed regime (a total of 27 ‘municipalities with facilities’ where one language enjoys primacy but speakers of another language enjoy certain linguistic ‘facilities’). The article also analyses the manner in which these regimes were historically established in Belgium in combination with a delineation of the language border and the division of the country into four language areas.

Territorial and non-territorial arrangements in a multi-ethno-linguistic context

Abstract This article argues that the geographically dispersed distribution of the minorities in the Baltic republics (apart from the Poles in Lithuania and the Russians in Northeast Estonia) constitutes an objective obstacle to provision of territorially based minority rights. However, the potential alternatives to the territorial principle are also rarely adopted. The cultural autonomy model in Estonia and Latvia failed to be implemented in practice, while threshold rules (in respect of topographical bilingualism, for example) are in force only in Estonia, and there with the highest threshold in Europe (50%). The paper aims to explain the reluctance to adopt these solutions by reviewing the main factors that affect language policy implementation in general. It also considers the background to the debate over which languages need protection: the minority languages within the Baltic States or the titular languages themselves (Estonian, Latvian and Lithuanian), which at the global level are small and vulnerable. In general, the strictness of language policies is in inverse relation to the size of the minorities, with Lithuania being the most liberal and Latvia the most restrictive.

Linguistic territoriality in Switzerland

AbstractThis article argues that the linguistic territoriality principle cannot be considered as a general guideline for the design of language policy but rather as a tool to find the right balance between linguistic freedom and linguistic peace under given circumstances. The article traces the origin and evolution of language policy principles during the drafting process of the new constitutional article in its three official language versions. The Swiss language regime is embedded in an institutional system of executive federalism in which mostly monolingual cantons and municipalities are in charge of implementing nearly all public policy. This significantly reduces the relevance of the inconsistency between a formally personalistic multilingual federal language regime and linguistic territoriality deriving from cantonal language regimes. The point of the new federal regulation is to provide room for manoeuvre for cantonal policymakers to adopt legislation based on linguistic territoriality. The relevant constitutional article recognises that territorial language policies can be implemented to ensure linguistic peace. At the same time, the personality principle may be adopted to protect autochthonous linguistic minorities.

Features of Extraterritorial Protection of Trademarks

The paper examines the phenomenon of extraterritoriality in the legal protection of trademarks. The author highlights the signs of extraterritorial regulation of relations related to the protection of trademark rights, namely, signs of national extraterritorial regulation and signs inherent in international legal models of legal protection of trademarks, such as legal protection of well-known trademarks, legal protection of trademarks that have received an international registration, regional integration models of legal protection of a trademark (trademarks of the EU, EAEU, etc.). As a common feature for all extraterritorial mechanisms, the author proposes to single out the principle of priority of trademarks. For the mechanism of protection of a trademark that has received an international registration and for regional models of trademark protection, the author singles out the need for all the patent offices of all states where protection is sought to approve an application form for the trademark registration and the existence of uniform norms common to all parties to an international agreement. The author of the paper does not exclude the possibility of overcoming the territorial principle and reducing possible infringements in the field of trademark protection.

STUDI LITERATUR PERLUKAH PERUBAHAN MENUJU PRINSIP PERPAJAKAN TERRITORIAL INCOME DI INDONESIA?

The United States has reformed its taxation system by changing the taxation principle from a worldwide principle to a territorial principle. This fact has prompted many tax observers in Indonesia to propose that Indonesia carry out the same tax reform. This study uses a qualitative writing method, one of the characteristics of which is to use various data sources such as interviews, observations, documentation, and audio-visual information which is then processed according to the research objectives. The change in the principle of taxation from worldwide to territorial does not really need to be implemented because it turns out the territorial principle not in accordance with the principles of justice both vertically and horizontally and weakens the sovereignty of the Republic of Indonesia in upholding its constitution.

Tyva: A Peripheral Fate? (a historical and geographical sketch of the formation of the population of the Tyva Republic – from the Huns to its voluntary incorporation into the RSFSR in 1944)

The historical roots and geographical features of the population’ formation in the Tyva Republic during the period from the Hunnu domination to the voluntary incorporation of Tyva into the Russian Soviet Federated Socialist Republic (RSFSR) in 1944 have been studied. The formation of the population occurred in conditions of peripherality of the considered object in relation to the state entities, which it was a part of or was under their influence in different periods of its development. The formation of the Tuvan ethnos was completed during the period when the Tyva tribes were part of Manchurian China in the late 18th-19th centuries. An important factor in this process was the establishment of an administrative division based not on clan but on a territorial principle. The economic and geographical position of the region, as one of the determinants of the socio-economic development of Tyva and the further formation of its population, was and still is unfavourable, which predetermines the search for foundations for the spatial development of the republic.

GRAVES OF THE SCYTHIAN AMAZONS: TYPOLOGY AND DESIGN FEATURES

Types of burial structures are one of the most reliable ethno-differentiating criterion. They are commonly due to local natural and economic factors that were accepted by the newcomer population along with main characteristics of their own ritual.
 As for the shape, the graves of Scythian warriors are arbitrarily divided into 11 types with options, which in general make up three main groups: simple pits and more intricate variable chamber constructions such as undercut and catacombs.
 303 graves of women with weapons from 267 barrows are known in the territory of European Scythia. More than half of them (55 %) have not been looted. By territorial principle they can be divided into five main groups: 1) Lower Dnipro steppe (or Steppe); 2) Crimea Foothills; 3) Danube-Dnister steppes (or Transnistria); 4) Forest Steppe Dnipro area (or Forest Steppe); 5) Don region (Steppe and partly Forest Steppe).
 In total, among graves of the Amazons of European Scythia the undercut (alcove) graves are the most represented — 104, inferior to them are catacombs — 99 and pit graves — 80, undefined — 20. However, the indicators for some groups differ significantly.
 We can mention the following design features of the graves: ground steps and hollow in the bottom of entrance pit, separation of entrance to dromos or chamber etc.
 Some specific features are also present in the arrangement of internal space of the graves (nishes, wall and ceiling design, floor decoration, arrangement of a funeral bed etc.).
 So, burial complexes of the female warriors correspond to Scythian regulations, that is, the design of ground and underground elements does not stand out in the burial ground. Here, we are dealing only with regional features typical for community members who lived there.

Dialog między regionalnymi trybunałami praw człowieka

The multiplicity of international judicial authorities makes their mutual interactions a challenge. In recent years, three regional human rights courts, with the competence to hear casus of violations of human rights protected by international law, have worked together to establish a robust dialogue. In spite of their normative, social or political differences, they have begun to intensify efforts to strengthen their bonds. The historic San José Declaration has provided formal conditions for the trilateral dialogue between the European Human Rights Court, Inter-American Human Rights Court, and African Court on Human and People’s Rights. The dialogue undertaken by the regional human rights courts contains not only a reference to its jurisprudence, but also a number of practices, incl. the exchange of experience. It is intended to establish consistency between human rights protection systems across the region. The initially informal cooperation has transformed into a trilateral dialogue that directly contributes to the improved understanding and implementation of human rights, which in turn constitutes a challenge to international human rights legislation. The aim of the article is to present the judicial dialogue in the field of human rights, to draw attention to its dynamics and to emphasize its role in changing some aspects of the understanding of law characterized by the principle of territoriality. This discussion is also intended to focus attention on the functions of dialogue, including penetration and mutual inspiration as well as strengthening the authority of courts.

The System of Legal Regulation of Cross-Border Relations in the Field of Industrial Property: Terminological Aspects

The paper discusses the terminological aspects of the system of legal regulation of cross-border relations in the field of industrial property. The use of the term “cross-border relations” does not in itself imply the overcoming of the territorial principle of industrial property protection. Transboundariness as a characteristic of private-law relations, which presupposes a complication of the relationship by a foreign element, means the presence of any connection between the relationship (through a subject or legal fact in the case of cross-border relations in the field of industrial property) with the legal order of several states. It is proposed to define industrial property as rights (exclusive and personal non-property) related to intellectual property in the production-technical and production-trade areas. The system of legal regulation of cross-border relations in the field of industrial property is defined by the author as a coherent group of norms consisting of interrelated and interdependent principles of protection of industrial property (universal, general object and special object), other international and national substantive legal and national conflict-of-laws norms subordinate to these principles, as well as individual norms of non-state nature, subordinate to all the specified legal norms, regulating relations complicated by a foreign element regarding the emergence, use, transfer, restriction, termination, protection of rights to industrial property. In this case, a foreign element in a legal relationship can be represented by the subject, as well as by a legal fact: the place of violation of the right to the industrial property object, the place of execution of the formalities necessary for the protection of the industrial property object, as well as the place of occurrence of the consequences of harm caused by the violation of rights to intellectual property object.

Analysis of the primary health care state for the rural population at the regional level

Introduction. The main goal of the state policy in the field of healthcare is to form a system that ensures the availability of medical care and increases the efficiency of medical services. The volume, type and quality of medical care must correspond to the level of morbidity, the needs of the population and the advanced achievements of medical science. Primary health care is the backbone of the health care delivery system. The problem of it improvement, including in rural areas, is a priority and has national significance. The development of measures to increase the availability of primary health care according to the territorial principle is an urgent scientific and practical problem.The purpose of the study — based on the analysis, methodologically substantiate and develop measures to increase the availability and improve the system of organizing the provision of primary health re to the rural population on a territorial basis.Materials and methods. Mathematical-statistical and analytical (quantitative, structural, comparative) research methods were used.Results and Discussion. In the Chelyabinsk Region, there are disproportions in the provision of the population with medical personnel: the provision of the urban population with doctors and l personnel is significantly higher than that of the rural population. The indicator of staffing with paramedical personnel in full-time positions of feldsher-obstetric stations is 20.1% lower than in the Russian Federation. The index of "combination rate" among doctors working in outpatient departments is 1.2 times higher than the target indicator of the National Health Project, and in rural areas it is 1.1 times. In order to unify the organizational and methodological approaches, the authors proposed a classification of medical stations and their organizational and functional structure.Conclusions. The organization of the provision of primary health care to the rural population according to the territorial-district principle with the formation of an organizational model of the rural medical district will increase the availability of primary medical health care to the rural population.

Community readiness for emergency challenges: Psychological perspective

It is substantiated the necessity to develop a holistic system to ensure the psychological security of the community. It is emphasized that children and school youth suffer a lot from catastrophic events, that is caused not only because of lack of experience (knowledge, skills, response skills in emergencies) but also because of the age peculiarities of their psyche (low stress resistance, which leads to stress and post-stress disorders due to inability to cope with a stressful situation). It is argued that psychologists in the education system should be involved in the process of creating a safe environment in the community. The «readiness of the collective subject of action» category is defined as 1) a set of qualities and knowledge of collective subjects (groups, teams, associations, state institutions) that allow them to interact effectively in a crisis, extreme or emergency conditions in solving common problems; 2) providing objective conditions for establishing and maintaining constructive interaction in the current situation. It is shown that readiness system consists of five vectors: 1) the ability of relevant government agencies and structures to provide the necessary conditions for the society's functioning, and their ability to organize the lives of citizens in a way that minimizes the probability of emergencies; 2) the ability of government agencies to effectively organize the process of preparation for action in case of emergencies, the processes of monitoring and overcoming the consequences of emergencies; 3) the ability of state bodies and structures to provide medical, psychological and humanitarian assistance to victims of the emergency both straight in the emergency, and after the destructive factors performance; 4) the ability of the subjects to perform their professional duties in an emergency; 5) the ability of the emergency situation subjects to constructively/effectively solve various problems. There are highlighted the organizational and psychological dimensions of readiness; there are proposed four groups of tasks that should be solved to psychologically ensure the readiness formation. It is proposed the system of principles to involve psychologists who belong to various public or professional community organizations, and psychologists who work in the education system, to help victims of emergencies. Such system consists of 1) the principle of partnership, 2) the principle of openness, 3) the principle of voluntariness, 4) the principle of fair motivation, 5) the principle of the need to increase competence, 6) the principle of territoriality, 7) the principle of responsibility

Equity and the Cuban National Health System's response to COVID-19.

ABSTRACTCuba’s National Health System has managed to guarantee an effective and equitable response to COVID-19. Universal and free health coverage, based on primary care, follows the principle of equity and the greatest resources are allocated to areas of the lowest socioeconomic stratum (where higher risk is concentrated), followed by those of medium and high strata, in that order. This allowed for similar mortality rates in the three strata, and Cuban national mortality rate was one of the lowest in the Region of the Americas. Before the first case was identified in Cuba, a Plan for Coronavirus Prevention and Control was elaborated with multisectoral participation, and when the first case was confirmed the Temporary National Working Group to Fight COVID-19 was created as an advisory body of the government. The actions to face the pandemic began with preventive measures in the community, continued in the isolation centers and ended again in the community with actions of surveillance and follow up of recovered patients. Following the principle of territoriality, molecular diagnosis laboratories were created in the provinces that did not have one. Free medical care and treatment; the preparation of a single national intersectoral government plan; the use of particular strategies for research, diagnosis and case tracing; and the implementation of a universal protocol for disease prevention and treatment of confirmed cases made it possible to control the disease with a health equity perspective.

Ethnic Distinctions, Legal Connotations: Chinese Patterns of Boundary Making and Crossing

This study analyzes, from a comparative and historical perspective, the clash between state statutory law and native customary law and the consequential effects of that rivalry on ethno-legal categories. It adopts a long-term perspective on Chinese society, with a particular focus on its history over the last three centuries. Although the imperial Chinese state had a centralized legal code, many non-Han subjects followed different legal standards and systems. Such conditions became the basis of legal pluralism and the structural constraint for full-fledged legal uniformity. It is argued that state-imposed ethnic categories in China have been institutionalized to determine those who should be protected, or even privileged, by their own native law. This is especially true during the alien dynasties of conquest, which purposely emphasized the principle of personal law to preserve legal prerogatives of ruling ethnicity. Similarly, indigenes on the frontier carried a variety of legal exemptions on grounds of the principle of territorial law. Such conditions could leave room for individual agency and provide incentives for both acculturated Han settlers and sinicized indigenes to claim native status. Several examples, including an 18th-century homicide case in China’s southwestern frontier, substantiate how individuals manipulated their ethnicity for their self-advantage and how these behaviors complicated the personality and territoriality principles of imperial law. In this sense, ethnic law served as an institutionalized distillation of ethnic group boundaries, which were realigned by shifts in self-identity. The legacy of China’s imperial practices of particularistic jural relations continues today.

Analisis Yuridis Atas Penggunaan Animasi Kartun Terkenal Sebagai Merek Di Indonesia (Studi Putusan Mahkamah Agung Nomor 1105 K/Pdt.Sus-HKI/2018)

Brand problems in Indonesia are dominated by infringement of well-known brands. One of them is the trademark dispute case between DC Comics and PT. Prosperous Marxing Fam. DC Comics, a comic book publisher from the United States, sued PT. Marxing Fam Makmur as a local chocolate wafer producer named Wafer Superman who is domiciled in Surabaya in the dispute over the Superman brand. DC Comics filed a lawsuit against PT. Marxing Fam Makmur stated that it is the owner of the Superman, Logo S, and Superman brands along with Paintings. The plaintiff asked the court to declare that the Superman trademark with registration numbers IDM000374438 and IDM000374439 on behalf of PT Marxing Fam Makmur had been registered in bad faith. The Plaintiff asks for the cancellation of the Superman brand. The problem in this research is how is the application of the principle of good faith related to the passing-off element of other brands even though they are not in the same class of goods; How is the application of the doctrine of brand dilution to disputes over rights to well-known marks in relation to restrictions on well-known marks; and How is the analysis of the judge's considerations related to the similarities in principle and/or overall as well as the application of the territorial principle to the DC Comics case as the owner of the famous Superman cartoon animation with the registration of the Superman icon by PT. Marxing Fam Makmur in Supreme Court Decision Number 1105 K/Pdt.Sus-HKI/2018 ? This type of research uses a normative juridical legal research method that is descriptive analytical, the source of the data used in this study is a secondary data source. The data were obtained by literature study. Literature research is carried out by reading books, journals, and laws and regulations that come from several literatures, documents, archives, applicable laws and regulations as well as the results of previous studies that are related and still relevant to the problem being studied. The application of the principle of good faith on the practice of passing off aims to guarantee consumers that the goods purchased come from the company that owns the brand. Legal protection for trademarks from passing off acts in the Indonesian legal constitution has not been specifically regulated in the trademark laws and regulations in Indonesia as well as for well-known brands, because passing off of a brand is commonly known in the common law system only for well-known brands that already have a reputation. Regarding passing off, it is contained in Article which implies its content in Article 21, Article 100, Law no. 20 of 2016. The application of the trademark dilution doctrine is not stated directly in Law Number 20 of 2016 concerning Marks and Geographical Indications. The arrangement is regulated in Article 21 paragraph (1 letter b, c) of Law no. 20 of 2016, Dilution in Law no. 20 of 2016, has not been explicitly regulated. The judge's interpretation in legal considerations in the case of DC Comics owner of the SUPERMAN Mark in the Supreme Court Decision Number 1105 K/Pdt.Sus-HKI/2018 is not correct, because it states that the plaintiff's claim cannot be accepted (niet ontvankelijk verklaard) so it has not been checked principally. Another legal effort was made by DC Comics on 27-05-2020, with Judge's decision No.29/Pdt.Sus/Merek/2020/PN.Niaga.Jkt.Pst, ending with DC Comics' lawsuit being granted against PT. Marxim Farm Makmur and stated that the Defendant's Mark had been registered on the basis of bad faith, as explained in Article 21 paragraph (3) of the Trademark Law.

Enforcement of Territoriality Principle in the Crimes Committed by Foreign Tourists in Turkey

In Article 8 of Turkish Penal Code (TPC) No. 5237, entitled “territorial jurisdiction”, it is stated that Turkish law will be enforced to the crimes committed within the borders of Turkey. Thus, the principle of territoriality is seen to have been adopted. In this context, the principle of territoriality was first reviewed in this study. However, in order for the principle of territoriality to be enforced, it is necessary to focus on what needs to be interpreted from the country of Turkey. As a matter of fact, the country seems to have two dimensions, real and hypothetical in the field of law. In this way, after focusing on what needs to be interpreted from the country of Turkey, it is necessary to determine what should be interpreted from the “place of offence”. Although merely the principle of territoriality was not only adopted by Turkey in the enforcement of criminal laws in terms of the place of the offence, the research was limited to the principle of territoriality. In this context, the study examines how and under what circumstances Turkish laws will be enforced in the crimes committed by foreign tourists in Turkey in accordance with the principle of territoriality.

The Notion of “Transnationality” in Administrative Law: Taxonomy and Judicial Review

AbstractThis Article deals with the issues related to the judicial review of transnational acts which are adopted particularly within the context of the European integration process. The European Union is a privileged playground for the development of administrative acts of this type, primarily because of the existence of various and diverse administrative cooperation mechanisms. Transnational administrative acts are, either because of their adoption process or because of their conditions of enforcement, governed by at least two national legal orders. The question of the availability of judicial review in the context of transnational administrative acts is a complex one, because the presence of one exogeneous element may disrupt the straightforward path toward the right of access to courts—as both the determination of the competent court and the scope of the review carried out by the court seized become uncertain. This Article first draws up a typology of transnational administrative acts. Second, on the basis of this typology, this Article analyzes the solutions developed by the case law of the Court of Justice and assesses them in the light of the principles of territoriality of administrative law and the right to effective judicial protection.

Application Of Territorial Principles Against Pedophile Criminal Act Perpetrators Perpetrated By Foreign Citizens

Indonesian criminal law adheres to various principles that form the basis for solving problems, especially in problems related to two or more countries. One of the principles recognized and in line with the research, in this case, is the territorial principle, which is a useful principle in determining the limits of validity of criminal law provisions based on place or location. This study aims to analyze the application of the territorial principle to perpetrators of pedophilia crimes committed by foreign nationals. The method used in this study is a normative type of research that uses the law approach and case studies. The results of this study indicate that should be based on the principle of criminal law, namely the territorial principle, Indonesian law will be applied to anyone who commits a crime in Indonesia, including in this case foreign citizens who commit pedophilia crimes, especially a sovereign state has exclusive jurisdiction in the environment. the territory itself is called territorial sovereignty so that the state has full jurisdiction to punish people who commit crimes against the law in the territory of the country. In reality, this territorial principle cannot be applied to this case because the suspect is still in the process of waiting for the results of approval or rejection of extradition by the Ministry of Law and Human Rights of the Republic of Indonesia, considering that the suspect is a foreign citizen and is also a fugitive in his home country, namely the United States of America. so that the country of origin sends a letter of request for extradition and this extradition request is still in the process of being followed up.

АНАЛІЗ СТАНУ З ПОЖЕЖАМИ У ВИСОТНИХ БУДИНКАХ В УКРАЇНІ

Проаналізовано статистичні дані про пожежі у висотних будинках в Україні за період 2010-2019 роки та виявлено залежності їх тенденцій. Проаналізовано розподіл пожеж за об’єктами, причинами, місцями, виробами-ініціаторами виникнення, а також застосування автоматичних систем протипожежного захисту, стан із загибеллю людей внаслідок пожеж і травмуванням людей на пожежах. Визначено основні проблемні питання у забезпеченні пожежної безпеки висотних будинків та запропоновано шляхи їх вирішення.

특허법상 속지주의: 대법원 2019다222782, 222799 판결의 의미와 과제

특허법상 속지주의: 대법원 2019다222782, 222799 판결의 의미와 과제