Violation Of Principle Research Articles

Analysis of state responsibility for Japan’s nuclear-contaminated water discharge into the sea

The oceans and seas are the common heritage of humanity and should, therefore, be protected. Japan, as a state party to the United Nations Convention on the Law of the Sea, discharged noncompliant nuclear-contaminated water into the Pacific Ocean without fulfilling its obligations of notification and consultation, which is a violation of several international commitments and international principles. Japan’s act of discharging nuclear-contaminated water into the sea meets the constitutive criteria of state responsibility of the Draft Articles on Responsibility of States for Internationally Wrongful Acts, which has no exemptions, so Japan should bear state responsibility. Given the obstacles to the identification of damage, the lag in the mechanism of ex post facto liability and the difficulties in the implementation of state liability in practice, corresponding solutions are proposed: At the international level, clear criteria for determining damage should be established, and a system for disposing of nuclear wastewater should be set up based on the principle of risk prevention; at the domestic level, consideration should be given to the adoption of interim measures and the initiation of domestic litigation based on investigation, evidence collection, and information exchange.

Doctors’ Satisfaction with the Rehabilitation System for Anti-Terrorist Operation Participants: A Factor Analysis

A war has a catastrophic effect on veterans' health. However, there is a knowledge gap about the veterans' rehabilitation system, requirements, and the satisfaction of doctor-organizers. The present study aims to assess the level of satisfaction of the doctor-organizers of health care with the existing rehabilitation system for anti-terrorist operation (ATO) veterans in Ukraine. A cross-sectional design was conducted during the ATO in March-April 2020. A total of 25 organizing doctors from healthcare institutions filled out the form. The questionnaire consisted of three blocks: 1) Main characteristics of the existing system of rehabilitation of ATO veterans (14 items); 2) Strengths of the existing system of rehabilitation of ATO veterans (11 items); and 3) Weaknesses of the existing system of rehabilitation of ATO veterans (8 items). Evaluation of the rehabilitation system was carried out using factor analysis. The main features of the system were accessibility, financing of rehabilitation programs, and commitment to the rehabilitation of ATO veterans. The advantages of the system included 1) doctors and organizers identifying the regulatory and legal provision of medical and social protection for the rehabilitation of veterans, 2) access to experienced personnel to carry it out, 3) respectful attitude towards veterans, and 4) comprehensive rehabilitation. In addition, disadvantages inherent in the system included: 1) violation of the integral principle, 2) insufficient material, technical support, and financial resources for rehabilitation programs, and 3) legislative and regulatory gaps necessary to provide rehabilitation to ATO veterans. The findings provided healthcare organizers with information on the main features, advantages, and disadvantages of the rehabilitation of ATO veterans. These insights can aid in optimizing the current rehabilitation system in Ukraine.

Violating Maxims, Preserving Harmony: Pragmatic Strategies in Arabic Humor on Instagram Reels

Humor plays a vital role in human communication, serving complex social functions, especially within the Arab cultural context. This study aims to analyze the pragmatic aspects of Arabic humor by examining violations of cooperative principles and politeness strategies found in humorous dialogues. It focuses on pragmatic analysis based on Grice's cooperative principle and Brown and Levinson's politeness theory. These theoretical frameworks are particularly relevant to Arabic humor given the culture's strong emphasis on indirect communication and face-saving practices in social interactions. Using a qualitative descriptive approach, the research analyzes ten humorous dialogues from Instagram Reels shared by the user @taraef_alarab. The study reveals that Arabic humor's effectiveness often lies in the intentional violation of the maxims of relation and quantity, along with the sophisticated use of politeness strategies to navigate sensitive situations, particularly within family and marital contexts. These findings confirm that humor serves as a social mechanism, allowing for the discussion of sensitive topics in a culturally acceptable manner. This research contributes to a deeper understanding of the pragmatic role of humor in intercultural communication and provides an analytical framework for studying humor within the Arab socio-cultural context.

Sanction mechanism for excluding states from international organizations

Compliance with the universally recognised principles and norms of international law is of paramount importance in modern society. Countering current threats requires effective measuresto strengthenthe roleoflegalmechanisms in ensuring international order. It should be noted that international sanctions are key instruments used by international organisations to restore violated international law, strengthen justice and stability of relations. In modern international practice, there is a noticeable increase in cases of gross violations by states of the basic principles of international organisations, covering both political and economic aspects. This trend prompts a critical analysis of how to restore and prevent such events in the future. For Ukraine, the issue of forced expulsion is becoming increasingly relevant given the extremely destructive nature of russia’s violations of fundamental principles of international law, one of which is the non-use of force and the threat of its use. Forced expulsion becomes the last lever of influence for the implementation of the fundamental principles of international law and compliance with international legal obligations. The study analysed the charters of leading international organisations, such as the United Nations (hereinafter - UN), the Council of Europe (hereinafter - CoE), the International Monetary Fund (hereinafter - IMF), the International Bank for Reconstruction and Development (hereinafter - IBRD), the European Union (hereinafter - EU), and the World Health Organization (hereinafter - WHO), which have made an unprecedented contribution to the development of international law. However, some of the above-mentioned institutions have shown a limited number of practical approaches to countering violations, which creates space for states to abuse their rights. This article highlights the critical need to develop and implement effective remedies to counter violations, such as exclusion. Such a sanction is a key instrument of influence, as it isolates the offending country from access to cooperation and communication with other countries and international institutions, which directly affects the development of the state’s external relations. Exclusion can help to eliminate violations of international law and maintain the integrity of international organisations in the face of modern challenges.

O RECONHECIMENTO DO CRIME DE ESTUPRO VIRTUAL À LUZ DO PRINCÍPIO DA LEGALIDADE

This study seeks to investigate whether recognizing the crime of rape in its virtual form violates the constitutional principle of legality, considering the lack of legal provision on the circumstance related to technology. Thus, the main objective of the research is to evaluate the feasibility of a new legal classification for this criminal category, in order to ensure the primacy of the Federal Constitution with regard to the principle of legality and, consequently, ensure other fundamental precepts of the Supreme Law, such as the principle of human dignity, given the essential incidence of the aforementioned principle in the protection of legal assets and in the regulation of the duty to punish attributed to the State. The research adopts a bibliographic and qualitative approach, analyzing the factual context based on doctrines, legal provisions and case law. Through the study in question, it was possible to conclude that, although the scenario of Criminal Law in the digital sphere is one of uncertainty, there is no violation of the constitutional principle of legality, when the necessary elements of the criminal type listed in article 213 of the Penal Code are configured.

Juridical Analysis of IPR Decision No. 438K/Pdt.Sus-Hki/2018 Concerning the "Lexus" Brand Dispute Between Marzuki Tan and Toyota Jidosha Kabushiki

The "LEXUS" brand dispute between Marzuki Tan and Toyota Jidosha Kabushiki is one of the important cases in intellectual property law in Indonesia. The Commercial Court at the Central Jakarta District Court and the Supreme Court assessed that the registration of the trademark "LEXUS" by the Defendant was carried out in bad faith. In deciding this case, both courts considered various legal elements, including the substantial similarities between the mark registered by the Defendant and the well-known mark owned by the Plaintiff. This similarity, including visual, phonetic and conceptual aspects, is considered to have the potential to mislead consumers and harm legitimate brand owners. The plaintiff successfully demonstrated that its "LEXUS" mark is a well-known brand with a global reputation, which is widely promoted through various media. The Court concluded that the Defendant acted with the intention to take advantage of the Plaintiff's brand reputation, which constitutes a violation of the good faith principle in trademark registration. Supreme Court decision in cassation no. 438 K/Pdt.Sus-HKI/2018 strengthens the Commercial Court's decision, emphasizing the protection of well-known marks from dishonest registration. This case not only provides legal protection for brand owners, but also establishes an important legal precedent regarding good faith in brand registration in Indonesia. Thus, this decision strengthens the well-known brand protection system, prevents attempts at imitation, and increases legal certainty in the protection of intellectual property in Indonesia.

Penetration of Muamalah Jurisprudence into Indonesian Law

This research aims to elaborate the penetration of fiqh muamalah into the Indonesian legal system, especially in laws and regulations related to Islamic financial institutions. One fact is that the nomenclature of muamalah and/or fiqh muamalah is not found at all in legislation and legal system. However, in other reality, substantively, fiqh muamalah has become an integral part of the Indonesian legal system, at least as evidenced by the positivization of fourteen laws and regulations related to Islamic financial institutions. The study uses a descriptive qualitative method that focuses on the analysis of legal documents. The analysis method used is a normative descriptive technique involving a historical approach to Islamic law in the context of Indonesia. The findings of this study reveal that the penetration of fiqh muamalah into the Indonesian legal system does not only occur at the theoretical level, but has also had a real impact on the legal culture, legal structure, and legal substance of Indonesian law. At the level of legal culture, muamalah has become an attitude and legal awareness in the form of beliefs, values, ideas, and expectations of the community. As a legal structure, muamalah already has state institutions and their enforcement organizations. In addition to the House of Representatives, which carry out the role of legislation with the government, the legal norms of muamalah have been implemented by Islamic banking institutions, Islamic capital markets, Islamic insurance, Islamic pawnshops, and other Islamic microfinance institutions. Meanwhile, in terms of legal substance, the legal norms of muamalah have manifested into various laws and regulations related to economic and social activities, which are basically related to the determination of sharia principles as the main reference for the activities of financial institutions, the use of muamalah contracts in sharia economic activities, and the criminalization of violations of sharia principles.

Case-mismatching versus D-linking of ATB wh-questions in Korean

Abstract This study explores how conjunct locus and D(iscourse)-linking can improve the acceptability of Korean across-the-board (ATB) wh-questions that violate the case-match requirement of wh-fillers. A 2 × 2 design is employed – involving Korean ATB wh-questions with the first-conjunct or second-conjunct case-mismatches and with bare or D-linked wh-phrases. The results show that the first-conjunct case-licensing of a wh-filler is crucial when the wh-filler is bare, as reconstruction into the first conjunct is allowed while reconstruction into the second is not. Meanwhile, the first-conjunct case-licensing of a wh-filler is not crucial when the wh-filler is D-linked. More precisely, D-linking improves the acceptability of syntactically ill-formed ATB wh-questions which violate the first-conjunct case-licensing requirement of a wh-filler, but it does not improve the acceptability of syntactically well-formed ATB wh-questions. These results thus suggest that the amelioration effect of D-linking only occurs as a last resort when the acceptability of ATB wh-questions is degraded due to a violation of certain grammatical principles.

Comparison between a priori and a posteriori slope limiters for high-order finite volume schemes

High-order finite volume and finite element methods offer impressive accuracy and cost efficiency when solving hyperbolic conservation laws with smooth solutions. However, if the solution contains discontinuities, these high-order methods can introduce unphysical oscillations and severe overshoots/undershoots. Slope limiters are an effective remedy, combating these oscillations by preserving monotonicity. Some limiters can even maintain a strict maximum principle in the numerical solution. They can be classified into one of two categories: a priori and a posteriori limiters. The former revises the high-order solution based only on data at the current time tn, while the latter involves computing a candidate solution at tn+1 and iteratively recomputing it until some conditions are satisfied. These two limiting paradigms are available for both finite volume and finite element methods.In this work, we develop a methodology to compare a priori and a posteriori limiters for finite volume solvers at arbitrarily high order. We select the maximum principle preserving scheme presented in [1,2] as our a priori limited scheme. For a posteriori limiting, we adopt the methodology presented in [3] and search for so-called troubled cells in the candidate solution. We revise these cells using a robust MUSCL fallback scheme, diverging from the traditional Multi-dimensional Optimal Order Detection (MOOD) framework by allowing each candidate solution to undergo only a single revision. This modification enables our a posteriori schemes to achieve competitive computational speed while permitting small, though non-zero, maximum principle violations.The linear advection equation is solved in both one and two dimensions and we compare variations of these limited schemes based on their ability to maintain a maximum principle, solution quality over long time integration and computational cost.This analysis reveals a fundamental tradeoff between these three aspects. The high-order a posteriori limited solutions boast excellent quality at long time-scales, taking full advantage of the sharp gradients of the high-order finite volume method. However, their relaxed implementation allows for consistent, albeit small, violations of the maximum principle. In contrast, high-order a priori limited solutions rigorously uphold the maximum principle but suffer from numerical artifacts and diffusion that increasingly dominate at extended time scales. The convex blending of revised fluxes can mitigate the maximum principle violations in a posteriori schemes but introduces more noticeable numerical artifacts. These results suggest a fundamental trade-off between robustness against numerical diffusion and the preservation of a strict maximum principle.Moreover, we compare two methods for computing the flux integrals along two-dimensional cell faces, revealing that one option is more cost-effective but leads to particularly large violations when used with the a priori limited scheme. Consequently, the a priori limited scheme is forced to use the more costly flux computation, making it significantly more expensive at higher-order than the a posteriori limited scheme on CPU architecture. This cost difference can be almost entirely mitigated using a GPU implementation of the same schemes, highlighting that GPUs are well-suited for high-order finite volume stencil operations.

Search for Pauli Exclusion Principle violations with Gator at LNGS

The Pauli Exclusion Principle (PEP) appears from fundamental symmetries in quantum field theories, but its physical origin is still to be understood. High-precision experimental searches for small PEP violations permit testing key assumptions of the Standard Model with high sensitivity. We report on a dedicated measurement with Gator, a low-background, high-purity germanium detector operated at the Laboratori Nazionali del Gran Sasso, aimed at testing PEP-violating atomic transitions in lead. The experimental technique, relying on forming a new symmetry state by introducing electrons into the pre-existing electron system through a direct current, satisfies the conditions of the Messiah-Greenberg superselection rule. No PEP violation has been observed, and an upper limit on the PEP violation probability of β2/2<4.8·10-29 (90% CL) is set. This improves the previous constraint from a comparable measurement by more than one order of magnitude.

Hints of New Physics for the Hubble Tension: Violation of Cosmological Principle

Discrepancy between the measurements of Hubble constant H 0 from the cosmic microwave background and the local distance ladder is the most serious challenge to the standard ΛCDM model. Recent research has pointed out that it might be related with the violation of cosmological principle. Here, we investigate the impact of dipole–monopole correction on the constraints of H 0 utilizing the dipole-fitting method based on the ΛCDM model and cosmography method. Our results show that the dipole–monopole correction can reduce the constraints of H 0 from a larger value consistent with SH0ES results to a smaller value consistent with Planck results. This finding can effectively alleviate the Hubble tension. Through making redshift tomography and model-independent analyses, we confirm that our findings are independent of the redshift and cosmological model. In addition, the theoretical prediction of H(z)/(1 + z) reconstructed by the constraints of the ΛCDM model with the dipole correction is in agreement with baryon acoustic oscillation (BAO) measurements, including five Dark Energy Spectroscopic Instrument BAOs within the 1σ range except a data point at z = 0.51. Our research suggests that the Hubble tension originates from new physics beyond the standard ΛCDM model, which might lead to a violation of the cosmological principle.

Violation of the Principle of Cooperation in the Film Hangout by Raditya Dika

This study aims to identify violations of the principles of politeness in the film "Hangout" by Raditya Dika. This study uses a qualitative descriptive approach and a pragmatic analysis method based on Grice's cooperative principle theory. The main focus of this study is to explore the forms of violations of the cooperative principle in the film's dialogues, by examining several violated maxims. Referential matching and Dell Hymess' SPEAKING approach are used in data analysis, which are collected through observation and analysis of film documents using the Free Listening and Speaking (SBLC) technique. According to the findings of the analysis, there are 46 violations of the cooperative principle covering several maxims such as quantity, quality, relevance and implementation. The film "Hangout" has several examples of significant violations of the cooperative principle, which highlights the need to understand and apply these rules in everyday interactions to avoid miscommunication.

The Use of Digital Technologies in the Administration of Justice: Positive and Negative Effects

The subject of the study is social relations in the field of the use of digital technologies in the administration of justice. The purpose of the study is to identify and describe the positive and negative effects of the use of information technology in the administration of justice in their interrelation and interdependence. The hypothesis of the study assumes the existence of a set of interrelated and interdependent effects of the use of digital technologies that affect the administration of justice in different ways (positively and negatively). The categorical and symbolic method “hexagram” is applied. The most significant positive effects of the use of digital technologies in the administration of justice are: realization of the human rights; access to justice; optimization of the work of the court. The most significant negative effects of the use of digital technologies in the administration of justice are: digital inequality, risks of information security violation, the risk of losing the individualization of court decisions. The obtained result can be used in the selection of priority areas for the implementation of digital technologies in the administration of justice, as well as in the planning of this activity, prevention of risks of violation of human rights or principles of justice in connection with the use of digital technologies.

Algorithmic Fairness From the Perspective of Legal Anti-discrimination Principles

Real-world applications of machine learning (ML) algorithms often propagate negative stereotypes and social biases against marginalized groups. In response, the field of fair machine learning has proposed technical solutions for a variety of settings that aim to correct the biases in algorithmic predictions. These solutions remove the dependence of the final prediction on the protected attributes (like gender or race) and/or ensure that prediction performance is similar across demographic groups. Yet, recent studies assessing the impact of these solutions in practice demonstrate their ineffectiveness in tackling real-world inequalities. Given this lack of real-world success, it is essential to take a step back and question the design motivations of algorithmic fairness interventions. We use popular legal anti-discriminatory principles, specifically anti-classification and anti-subordination principles, to study the motivations of fairness interventions and their applications. The anti-classification principle suggests addressing discrimination by ensuring that decision processes and outcomes are independent of the protected attributes of individuals. The anti-subordination principle, on the other hand, argues that decision-making policies can provide equal protection to all only by actively tackling societal hierarchies that enable structural discrimination, even if that requires using protected attributes to address historical inequalities. Through a survey of the fairness mechanisms and applications, we assess different components of fair ML approaches from the perspective of these principles. We argue that the observed shortcomings of fair ML algorithms are similar to the failures of anti-classification policies and that these shortcomings constitute violations of the anti-subordination principle. Correspondingly, we propose guidelines for algorithmic fairness interventions to adhere to the anti-subordination principle. In doing so, we hope to bridge critical concepts between legal frameworks for non-discrimination and fairness in machine learning.

Analyzing the U.S. Drone Program’s Deployment of Armed Unmanned Aerial Vehicles (UAVs) for Targeted Killings Outside of National Boundaries

Following the 9/11 attacks, U.S. counterterrorism efforts have gradually shifted focus from Afghanistan to regions like Pakistan, Yemen, and Somalia. The deployment of armed drones in these areas to target al-Qaeda members and their affiliates has sparked a contentious international law debate. While the U.S. drone policy claims adherence to international targeting rules, the reality of operations in remote locations has led to numerous civilian casualties. With a rising toll of civilian deaths, challenges in distinguishing between combatants and non-combatants, and concerns about accountability in drone operations, it seems that the approach taken by U.S. policymakers may have misconstrued existing laws governing hostilities. The policy lacks clarity on the applicable legal framework and necessary constraints to prevent potential misuse of drone technology, fostering a perception that the U.S. administration consistently employs armed drones without transparency or accountability. Despite extensive literature on the 9/11 attacks and scholarly discussions on U.S. drone use, the alignment between rules governing targeting under international humanitarian law and the practical implementation of drone operations by the U.S. remains an area with limited examination in international law. Consequently, given issues related to civilian casualties, collateral damage, and potential violations of humanitarian law principles, it becomes crucial to evaluate whether U.S. targeting practices violate the law of armed conflict.

A problem with the conservation law observed in macroscopic quantum phenomena is a consequence of violation of the correspondence principle

Jorge Hirsch drew attention to the contradiction of the Meissner effect with Faraday’s law and the law of angular momentum conservation. This article draws attention to the fact that the angular momentum can change without any force only due to quantization in both microscopic and macroscopic quantum phenomena. But if in the first case this change cannot exceed the Planck constant, then in the second case this change is macroscopic due to a violation of the correspondence principle. To explain the violation of the correspondence principle, Lev Landau postulated in 1941 that microscopic particles in superfluid helium and superconductor cannot move separately. Quantization can change not only the angular momentum, but also the kinetic energy of a superconducting condensate on a macroscopic amount. For this reason, the Meissner effect and other macroscopic quantum phenomena contradict the second law of thermodynamics. The reluctance of physicists to admit the violation of the second law of thermodynamics provoked a false understanding of the phenomenon of superconductivity and obvious contradictions in books on superconductivity.

THE ECONOMIC AND LEGAL NATURE OF THE MINIMUM TAX LIABILITY

The relevance of the study of the economic and legal nature of the minimum tax liability is due to several factors. Firstly, being relatively new for Ukraine, this type of tax has not yet been sufficiently studied by scholars. Secondly, due to the specifics of the object of taxation, the introduction of the minimum tax liability significantly affects the taxation of farmers – owners of agricultural land and land users, producers of agricultural products, who are among the most vulnerable segments of the population. Thirdly, such a reform of the tax burden on business entities in agriculture, as one of the sectors most affected by Russia's armed aggression, requires a thorough analysis of its timeliness and appropriateness. This necessitates a study of theoretical and practical aspects, potential risks of introducing the minimum tax liability, as well as the formulation of proposals for solving problematic issues in this area, which is the purpose of the study. The research methodology includes a number of methods of scientific knowledge: the philosophical (dialectical) method, general scientific methods (the method of analysis and the formal logical method), as well as methods related to special scientific methods (formal legal and comparative legal). Results. The study of the economic and legal nature of the minimum tax liability concluded that there is a tendency to expand the range of taxpayers. In particular, at the expense of individuals – members of private farms. The article proves that such innovations lead to the loss of existing tax privileges for farms and increase the tax burden for these entities. The authors identify the risks of introducing a minimum tax liability, including incentives for farmers to alienate agricultural land or transfer it to other persons, alienation of farmers from the main means of production, and increased unemployment. It is established that the introduction of the minimum tax liability under the existing conditions is a violation of the fundamental principles of tax legislation of Ukraine. The generalisations obtained can be used to amend the tax legislation and will be useful in conducting scientific research on tax and agricultural legal relations.

Possibilities of violation of ethical principles in sponsored research: analysis, consequences, and prevention measures

&amp;lt;p style=&amp;quot;text-align: justify;&amp;quot;&amp;gt;The growing trend of securing private industry funding for biomedical research, particularly from pharmaceutical and medical device companies, has raised significant ethical concerns. Since the 1980s, private industry has become the primary funder of biomedical research, surpassing government funding in the U.S. and other developed countries. This shift introduces potential ethical violations, including hidden conflicts of interest, data manipulation, disregard for ethical guidelines, non-disclosure of negative results, and compromised research independence. These issues can undermine research integrity, compromise patient safety, and erode public trust in scientific findings. Effective measures to prevent ethical violations include strengthening transparency, enhancing research independence, promoting ethical education, and reinforcing regulatory frameworks. By fostering open dialogue, implementing stringent disclosure requirements, and ensuring independent oversight, participants can uphold ethical standards in sponsored research. Addressing these challenges is essential to maintaining the credibility of biomedical research, protecting participant rights, and ensuring that research outcomes reliably contribute to evidence-based medicine and public health.&amp;lt;/p&amp;gt;

Universality versus Cultural relativism in International Human Rights: A Case Study of the Anti-Homosexuality Act of Uganda 2023

This research examines the frequent conflict that has emerged between the universal human rights standard and the indigenous cultural practices with special attention paid to the Anti-Homosexuality Act of Uganda of 2023. The Act criminalized same-sex relationships, an act that is in violation of universal human rights principles and showed a probable conflict between international norms and local cultural values. This review unravels how the Anti-Homosexuality Act of Uganda fits with or goes against international human rights commitments and further to determine more general implications of balancing universal principles against cultural relativism. The doctrinal approach adopted in this study includes a review of relevant international treaties, Uganda’s legislation and academic literature. The findings reveal that the Act, to an extent, undermines universal principles of human rights through the violation of rights to privacy, dignity, and equality. Such tug of war will require a lot of inclusive dialogue with the local communities and advocacy for protection of human rights which respects the cultural context. In addition, international organizations should support capacity building and facilitate debates that improve tolerance and respect for human rights. The work will engender a debate in reconciling universal human rights and cultural diversity, as well as emerging lessons for more effective and sensitive strategies in international human rights advocacy. Keywords: Universality, Cultural relativism, Human Rights and Homosexuality

BALANCING NATIONAL SECURITY AND MIGRANT RIGHTS IN INTERNATIONAL LAW

This article examines the complex intersection between national security and migrant rights within the framework of international law. With an increasing focus on security, many states have adopted policies that restrict migration, often infringing on human rights, particularly the rights of asylum seekers and refugees. Using data from various regions, including the United States, Europe, and Australia, the article analyzes the impact of securitization on migration policies, such as reduced asylum approval rates, the rise in migrant detentions, and violations of the non-refoulement principle. The research highlights the challenges in balancing state security with the protection of migrants, emphasizing the role of international organizations and legal frameworks in addressing these issues. The article concludes that while national security concerns are valid, states must uphold their international obligations to protect migrant rights.