Search results for: international cooperation
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 4428

Search results for: international cooperation

4008 Victims Legal Representation before International Criminal Court: Freedom of Choice and Role of Victims Legal Representatives

Authors: Erinda Male

Abstract:

Participation of a lawyer in any criminal proceedings on behalf of an accused person or a victim is essential to a fair trial. Legal representation is particularly crucial in proceedings before international tribunals, especially in the International Criminal Court. The paper thus focuses on the importance of the legal representation of victims and defendants before the ICC, as well as on the role of the legal representative in the proceedings before the court and the principle of freedom of choice of legal representatives. Also, the paper presents a short overview of the significance of legal representatives for victims and the necessity to protect their primary role in the ICC system, and ensure that it is coherent and respectful of victims’ rights. Victim participation is an important part of the ICC Statute and it is designed to help ensure that those most affected by the crimes are able to engage with the Court. Proper and quality legal representation ensures meaningful participation of victims at stages of the proceedings before ICC. Finally, the paper acknowledges the role of legal representatives during the pre-trial, trial and post-trial phase, the different modalities in selecting the legal representatives as well as balancing victims’ participation with the right of the accused to a fair trial.

Keywords: fair trial, freedom of choice principle, international criminal court, legal representatives, victims

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4007 ASEAN Citizenship in the Internationalization of Thai Higher Education

Authors: Bella Llego

Abstract:

This research aims to study on “ASEAN Citizenship in the Internationalization of Thai Higher Education.” The purposes of this research are (1) to examine the Thai academics and scholars defined in the concept of internationalization of higher education, (2) to know how Thailand tries to fulfill its internationalization on education goal, (3) to find out the advantages and disadvantages of Thailand hub for higher education in Asia. Sequential mixed methods, qualitative and quantitative research methods were utilized to gather the data collected. By using a qualitative method (individual interviews from key Thai administrators and educators in the international higher education sector), a quantitative method (survey) was utilized to draw upon and to elaborate the recurring themes present during the interviews. The study found that many aspects of Thai international higher education programs received heavy influence from both the American and European higher education systems. Thailand’s role and leadership in the creation and launch of the ASEAN Economic Community (AEC) by 2015 gives its unique context for its internationalization efforts. English is being designated as the language of all Thai international programs; its influence further strengthened being the current language of academia, international business, and the internet, having global influence.

Keywords: ASEAN citizenship, internationalization, Thai higher education, academics

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4006 Disability and Education towards Inclusion

Authors: Amratpal Kaur

Abstract:

The right to education is universal in nature. This right has been enshrined in Indian Constitution and in various significant international documents. Unfortunately, despite of comprehensive legislation at the regional and international level 98% children with disabilities in developing countries don’t attend schools. Vast majority of children suffering from disability in developing nations lack basic literacy. The paper discusses in detail that the term inclusive education has got impetus all over the world and more so in India in the last decade. India has committed itself to the development of an inclusive education system as it is signatory to the Salamanca Statement and it has strived to achieve it thereon. Due to the shift from medical to social model of disability the emphasis is on inclusive school, so that the disabled children can be integrated in the mainstream easily. Thus, the idea is to educate disabled children along with their peers. The paper focuses on developing a clear understanding of inclusive education and identifying strategies to enhance the education of all children at the regional and international level.

Keywords: inclusion, disability, education, policy

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4005 Feasibility and Obstacles of Air Quality Attainment in Hong Kong from 2019 to 2025

Authors: Xuguo Zhang, Jimmy Fung, Kenneth Leung, Alexis Lau

Abstract:

Fine particulate matter concentrations have been decreasing in the past few years while the ozone concentrations are posing an increasing trend in the Greater Bay Area (GBA) of China. A series of control policies have been released to mitigate the country-wide air pollution, however, how to effectively evaluate the exercised control measures and efficiently reveal potential projected mitigation pathways are still limited. By refining an enhanced air-quality-modeling system, this study provides an account of the air quality assessments from 2019 to 2025 to appraise the air quality results and improvement under designed scenarios for assessing the optimum scope for tightening the Air Quality Objectives (AQOs). The results show that it is doable to tighten the 24-hour AQO for SO2 from the World Health Objective air quality guidelines Interim Targets Level-1 (IT-1) (125μg/m3) to IT-2 level (50μg/m3) with the current number of exceedance allowed (three) remains unchanged. It is also possible to tighten the annual AQO for PM2.5 from IT-1 (35 μg/m3) to IT 2 (25 μg/m3), and its 24-hr AQO from IT-1 (75 μg/m3) to IT 2 (50 μg/m3) with the number of exceedances allowed increased from current nine to 35. Regional cooperation under the development of the GBA cooperation are still needed to be focused and strengthen due to the cross-boundary transport characteristics of the air pollution.

Keywords: air quality attainment, Hong Kong, mitigation policy, chemical transport modeling, sensitivity analysis

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4004 Juvenile Justice Reforms for the 21st Century: Promising Approaches in Bangladesh

Authors: Nahid Ferdousi

Abstract:

Juvenile justice is a key component of the child rights to keep the best interest and completely different from criminal justice. After independence of Bangladesh in 1971, the Children Act 1974 and the Children Rules 1976 were considered as the basic law for juvenile justice which written before many international instruments on children’s rights came into existence, did not align with the international mandate set by those instruments. These Acts were not really child rights-based and modern concept such as diversion, restorative justice and community-based rehabilitation has not developed accordingly. In this backdrop, government has enacted the new Children Act 2013 and introduced extensive reforms to the juvenile justice system in Bangladesh. The Act has been adopted with the provisions for child-friendly juvenile courts in each district and different kinds of child-oriented practices in a number of settings, such as, child affairs police officer, probation officer, national child welfare board, diversion, alternative preventive measures on the basis of international principles. Prior to the Act, there had been a number of High Court rulings which considered the international standards for juvenile justice. But the recent reforms to juvenile justice system hail a new commitment to the country’s international obligations to its children and a change in the philosophy guiding the treatment of offender children. This is high time to create an effective juvenile justice system for the 21st century in Bangladesh by the proper implementation of the Children Act 2013. Additionally, the new Children Rules should be enacted and juvenile courts along with correctional institutions should be established in each district in Bangladesh. This study assesses the juvenile justice reforms in Bangladesh over the five decades (1974-2014) and focuses on changes that will improve the system as a whole and enable us to better achieve the ends of fair juvenile justice.

Keywords: Juvenile justice reforms, international obligations, child-oriented practices, commitment of the state

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4003 European Refugee Camps and the Right to an Adequate Standard of Living: Advancing Accountability under International Human Rights Law

Authors: Genevieve Zingg

Abstract:

Since the onset of the 2015 ‘refugee crisis’ in the European Union (EU), migrant deaths have overwhelmingly occurred in the Mediterranean Sea. However, far less attention has been paid to the startling number of injuries, deaths, and allegations of systematic human rights violations occurring within European refugee camps. Most troubling is the assertion that injuries and deaths in EU refugee camps have occurred as a result of negligent management and poor access to healthcare, food, water and sanitation, and other elements that comprise an adequate standard of living under international human rights law. Using available evidence and documentation, this paper will conduct a thorough examination of the causes of death and injury in EU refugee camps, with a specific focus on Greece, in order to identify instances of negligence or conditions that amount to potential breaches of human rights law. Based on its analysis, this paper will subsequently explore potential legal avenues to achieving justice and accountability under international human rights law in order to effectively address and remedy inadequate standards of living causing wrongful death or injury in European refugee camps.

Keywords: European Union, Greece, human rights, international human rights law, migration, refugees

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4002 Economic Stability and Legitimate Expectations in Foreign Investment Rights

Authors: Mehdi Ghaemi

Abstract:

Within the current paper, there is an attempt to examine the legal system that overrules economic stability and legitimate expectations of foreign investment rights. Studies show that Meeting the legitimate expectations of foreign investment is one of the rights and privileges which obviously are to be benefited from by all types of foreign investments. The legitimate expectations of foreign investors are protected and structured strongly with the help of international investment laws. The body of international investment laws is faced with multiple challenges with respect to the legitimate expectations of foreign investments, including the Economic stability and the public interest of the host country, the attitude of the host country towards the legitimate rights and privileges of the foreign investment, the ways to meet and to control those expectations, and also the assessment of the regulations of the host country which would affect the investing bodies within different circumstances.

Keywords: foreign investment, legitimate expectations, regulating investments, international investment

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4001 Corporate Social Responsibility and the Legal Framework of Foreign Direct Investment: Time for Conceptual Innovation

Authors: Agata Ferreira

Abstract:

Rapidly increasing debates and initiatives in the area of Corporate Social Responsibility (“CSR”) have reached the world of international investment law. CSR standards that focus on the operations of multinational companies are increasingly relevant in the context of international investment policy making. In the past, the connection between CSR standards and legal framework for foreign direct investment has been largely non-existent. Recently, however, there is a growing trend of a more balance approach to rights and obligations as between investors and states under investment treaties. CSR principles join other social and environmental measures slowly being included in the investment treaties to enhance their sustainable development dimension. Issues of CSR are present on negotiation tables of new mega regional investment treaties like TTIP for example. To date, only a very few bilateral investment treaties and a handful of other international treaties with investment provisions include CSR clauses. In addition, the existing provisions tend to be of a soft type, where parties merely acknowledge importance of good corporate governance and CSR for sustainable development or generally affirm their aim to encourage enterprises to observe internationally recognised guidelines and principles of CSR. The relevant provisions often leave it up to the states to encourage enterprises operating within their territories to voluntarily incorporate CSR principles. The interaction between general non-binding CSR standards, domestic laws and policies and provisions of international investment treaties have not been tested by investment tribunals yet. The role of investment treaties in raising awareness and promoting CSR is still in its infancy. The use of CSR standards in the international investment protection regime for promotion of CSR standards, and as a tool for disciplining investors into complying with such standards, pose a number of questions and is met with resistance from investors` lobbies. Integration of these two areas, CSR and international investment law, both consisting of multilayered, diverse and often overlapping instruments is by no means an easy task. Whether international investment world is ready to embrace CSR standards or shrug them off is a matter of uncertain future. The subject however has been raised, first introductions have been made and the time will show whether the relationship between legal framework of international investment and CSR will flourish or remain dormant.

Keywords: corporate social responsibility, foreign direct investment, investment treaties, sustainable development

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4000 The UN Mediation in the Armed Conflict of Nepal and El Salvador: A Cross-Regional Comparative Perspective Study

Authors: Anu S. Krishna

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The paper tries to analyse the UN involvement/intervention in the case of intra-state armed conflict of El Salvador and Nepal comparatively. The peace mission in El Salvador is considered to be the most successful missions of UN ever since it started involving in the peace-building activities. Meanwhile, in the armed conflict of South Asian country, Nepal, the result seemed to be disappointing in comparison with its counterpart. The study on this paper takes three variables as the success or failure of international mediation, i.e., a) signing of the peace agreement, b) disarmament/demobilization and c) constitutional mechanism. A significant amount of scholarship looks at the case of ONUSAL (United Nations Mission in El Salvador). Meanwhile, the armed conflict of Nepal and the role of UNMIN (United Nations Mediation in Nepal) are under researched so far. The paper thus tries to throw light on these cross-regional contexts that share certain similarities and dissimilarities in the nature of conflict. In addition, the international third-party involvement and their way of approaching both the cases differ, which again affected the mediation outcome. The paper tries to argue that, since the approach of the UN led international mediation in theses peace missions were contextual and varied from case to case, thus, finally affected the mediation outcome too.

Keywords: Nepal, UNMIN, El Salvador, ONUSAL, international mediation, armed conflict

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3999 Media Coverage of the Turkish Armenian Journalist Hrant Dink Assassination: The Analysis of Media News in the Aftermath of the Assassination

Authors: Nusret Mesut Sahin

Abstract:

Hrant Dink, a prominent Turkish-Armenian journalist, and editor-in-chief of the bilingual Turkish-Armenian newspaper Agos, was assassinated in Istanbul on January 19th, 2007 by a nationalist extremist, Ogun Samast. Dink had been voicing the atrocities against the Armenians between 1915 and 1922 during the Ottoman rule, and his comments on the issue appeared in the Turkish media many times before his assassination. Despite intensive media coverage of his assassination, there is not enough research analyzing how national and international media presented Dink’s assassination. In this research, a content analysis of national and international news articles (N= 139) is conducted to identify whether there is a significant difference in national and international media’s coverage of the assassination. The content of the newspaper articles is categorized and coded according to the topics covered. The findings of this research suggested that Dink’s assassination wounded Turkey’s image as a democratic country. It has also been found that the Turkish media focused on security forces and their responsibility in Dink’s assassination, whereas international media focused more on the Article 301 of the Turkish penal code, freedom of expression, and atrocities against the Armenians during the Ottoman rule.

Keywords: Hrant Dink, Armenian, journalist, assassination

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3998 Generation of Research Ideas Through a Matrix in the Field of International Comparative Education

Authors: Saleh Alzahrani

Abstract:

The studies in the field of International Comparative Education in the Arabic world and the middle east are scarcity. However, some International Comparative Education Researchers and post graduates face a challenge concerning of a selection of a distinguished study to improve their national education system. It requires a considerable effort. According to that, the matrix of scientific research in comparative and international education is designed to help specialists, researchers and graduate students in generating a variety of research ideas in a short time in this field. The matrix is built by using content analysis method of comparative education research published in the Arab journals from 1980 to 2017. Then, qualitative input with the in-depth focus analysis tool is utilized according to the root theory. The matrix consists of two axes; vertical (X) and horizontal (Y). The number of fields in the vertical axis are 6 domains, including 105 variables. The horizontal axis is two fields which are pre-university education that incorporate educational stages and contemporary formulations including (23) variables. The second field is the university education in its public universities and contemporary formulas including (15) variables. The researcher can access topics, ideas and research points through the matrix of scientific research in comparative and international education by selecting of any subject on the vertical axis (X) from (1) to (105) and selecting of any subject on the horizontal axis (Y) from (B) to (U). The cell where the axes intersect with the chosen fields can generate an idea or a research point conveniently and easily through the words that have been monitored by the user. These steps can be repeated to generate new ideas and research points. Many graduate researchers have been trained on using of this matrix which gave them more potential to generate an appropriate study serving the national education.

Keywords: content analysis method, comparative education, international education, matrix, root theory

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3997 Understanding the Gap Between Heritage Conservation and Local Development in the Global South: Success and Failure of Strategies Applied

Authors: Mohamed Aniss El-Gamal

Abstract:

For decades, the Global South has been facing many challenges in the fields of heritage conservation and local development. These challenges continue to increase due to rapid urbanization in historical cities, thus resulting in complicated juxtaposed contexts of heritage resources and deteriorated dwellings, where slum areas are dotted with heritage structures. While the majority of cases show the incapacity of national and local governments to deal with such contexts, few others managed to demonstrate how different levels of government can play complementary roles in the cooperation with local and international institutions as well as involving local community to achieve an integrated strategy and overcome the challenge. This paper discusses heritage conservation and local development strategies in reference to a number of case studies in cities of the Global south, i.e. Porto Alegre, Agra, Cairo and Mumbai. It further investigates main key aspects of success and failure through cross case studies analysis (Matrix). This study could help create a delineation of an integrated strategy for undertaking future interventions in similar contexts. Integrated strategies are needed to overcome the gap between heritage conservation and local development, maintaining the value of heritage structures and ensuring the quality of life for communities residing in its surroundings.

Keywords: heritage conservation, local development, the global south, regional development

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3996 The Legal Personality of The Security Council

Authors: Helyeh Doutaghi

Abstract:

The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations. Under the Charter of the United Nations (UN Charter), the UNSC’s primary responsibility is maintaining international peace and security, which it does through establishing and adopting a Security Council resolution. United Nations resolutions are formal expressions of the opinion or will of United Nations organs. However, there have been times when powerful politicians (or governments with great political power) had the first say in situations where the UNSC should have had jurisdiction based on the principle of rule of law, which is the notion that people are governed by the law rather than by officials. This paper will assess the effectiveness of the UNSC by analyzing its actions during the Iran-Iraq war for it has been found that one of the major reasons for the prolongation of the war was a result of the one-sided positions taken by the UNSC and many nations. The UNSC’s success in achieving its primary goal during the war will be discussed, including an examination of the duties and structure of the UNSC by reviewing the articles in the UN Charter; this will include examples of the UNSC’s role in other international disputes as well.

Keywords: UN Security Council, Iran, Iraq, charter, international law

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3995 An Analysis of the Efficacy of Criminal Sanctions in Combating Cartel Conduct: The Case of South Africa

Authors: S. Tavuyanago

Abstract:

Cartels within the international competition law framework have been dubbed the most egregious of competition law violations; this is because they entail a concerted effort by two or more competitor firms to knowingly ‘rob’ consumers of their welfare through their cooperation instead of competition. The net effect of cartel conduct is that the market is distorted as the colluding firms gain enough market power to constrain the supply of goods or services, ultimately driving up prices. As a result, consumers end up paying inflated prices for goods and services, which eventually affects their welfare. It is against this backdrop that competition authorities worldwide have mounted a robust fight against the proliferation of cartels. In South Africa, the fight against cartels saw an amendment to the Competition Act to allow for criminal prosecution of individuals who cause their firms to take part in cartels. The Competition Amendment Act 1 of 2009 introduced section 73A into the principal Competition Act, making it a criminal offence to engage in cartel conduct. This paper assesses the rationale for criminalisation of cartel conduct, discusses the challenges or potential challenges associated with criminalisation, and provides an evaluation of the efficacy of criminalisation of cartel conduct. It questions whether criminal sanctions for cartel conduct as a competition enforcement tool aimed at deterring such conduct are generally effective and whether they have been effective in South Africa specifically. It concludes by offering recommendations on how to effectively root out cartels.

Keywords: cartels, criminalisation, competition, deterrence, South Africa

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3994 Nuclear Terrorism Decision Making: A Comparative Study of South Asian Nuclear Weapons States

Authors: Muhammad Jawad Hashmi

Abstract:

The idea of nuclear terrorism is as old as nuclear weapons but the global concerns of likelihood of nuclear terrorism are uncertain. Post 9/11 trends manifest that terrorists are believers of massive causalities. Innovation in terrorist’s tactics, sophisticated weaponry, vulnerability, theft and smuggling of nuclear/radiological material, connections between terrorists, black market and rough regimes are signaling seriousness of upcoming challenges as well as global trends of “terror-transnationalism.” Furthermore, the International-Atomic-Energy-Agency’s database recorded 2734 incidents regarding misuse, unauthorized possession, trafficking of nuclear material etc. Since, this data also includes incidents from south Asia, so, there is every possibility to claim that such illicit activities may increase in future, mainly due to expansion of nuclear industry in South Asia. Moreover, due to such mishaps the region is vulnerable to threats of nuclear terrorism. This is also a reason that the region is in limelight along with issues such as rapidly growing nuclear arsenals, nuclear safety and security, terrorism and political instability. With this backdrop, this study is aimed to investigate the prevailing threats and challenges in South Asia vis a vis nuclear safety and security. A comparative analysis of the overall capabilities would be done to identify the areas of cooperation to eliminate the probability of nuclear/radiological terrorism in the region.

Keywords: nuclear terrorism, safety, security, South Asia, india, Pakistan

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3993 Public Participation and Decision-Making towards Planning Legislation: A Case for GCC Countries

Authors: Saad Saeed Althiabi

Abstract:

There is great progress in formulating and executing legislative policies in GCC, however, the public participation in formulating and in major decision making still remains weak. Drawing attention on the international law of public participation in construction and natural resource management, this paper aims in creating a feasible legislative framework for extensive public participation in the industries such as construction and oil and gas decision-making that GCC can implement. This paper would address the conflicts associated with the management and creation of legislation and ensuring public participation for the creation of a practical framework. A feasible legislative framework must take into account the various factors that shape the effectiveness of participation and the elements that promote the objectives of participation. It is premised on the ground that viewing to international prescriptions might help to reveal gaps in domestic laws, as well as alternatives to overcome them.

Keywords: legislative policies, public participation, planning legislation, GCC countries, international law

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3992 Radical Islam and Transnational Security: West Africa and the Asia Pacific in View

Authors: Olumide A. Fafore, Khondlo Mtshali

Abstract:

The beginning of the 21st century saw the emergence of new and global threats to national and transnational security in West Africa and the Asia Pacific regions as a result of the spread of jihadist terrorism across borders, a manifestation of the rise of radical Islam. Extremist and armed Islamic movements influenced by Salafism, the Jihad in Afghanistan and the Muslim Brotherhood are prevalent in Northern Nigeria, Niger, Cameroon, Mali, Chad, Pakistan, Afghanistan, and India. Carrying out attacks across borders, including assassinations, murders, armed robberies, and kidnapping, assisted by open and porous borders and large flow of illegal immigrants across borders. This paper examines the effect of Radical Islam on Transnational security through a review of past literature and the social and security consequences on the people of the regions. Our findings indicate that the activities of armed Islamic movements such as Boko Haram, Ansaru and Al-Qaeda are having a negative impact on the economy, development, and security of the states and people of West Africa and the Asia Pacific. It stresses the importance of regional, transnational and international cooperation, as these threats to national and transnational security can no longer be solved in a national or regional framework.

Keywords: Islamic movements, jihadist terrorism, radical Islam, transnational security

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3991 The Decline of National Sovereignty in Light of the International Transformations

Authors: Djehich Mohamed Yousri

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The national sovereignty of states is now facing a dangerous situation that has witnessed a clear exacerbation of the restrictions that this sovereignty has known for quite some time, if not since the establishment of the sovereign national state in the first place, and things have reached this way to the extent that a group of analysts and commentators are talking about the demise or disappearance of the phenomenon of sovereignty Patriotism, a judgment that some consider exaggerated, although there is agreement on the seriousness of what has afflicted the national sovereignty of medium and small states in particular. In fact, the phenomenon of national sovereignty has not completely ended, as there is still a category of countries that are able to disagree with the American will without disappearing from the world map, as happened with the Soviet Union. China, some European countries, and some countries with leading regional roles are still able to deal with This administration, with rational and complex calculations, makes the restrictions on its sovereignty minimal, or at least draws a red line in front of the vital interests of those countries that the restrictions on sovereignty cannot cross, and it is certain that strengthening internal democratic development in countries will increase their ability to challenge external restrictions. On its sovereignty to the extent that this development creates a cohesive society in the face of external hegemony attempts, as well as to the extent that it eliminates some pretexts for interference in the internal affairs of states, including the claim of a lack of democracy or lack of respect for human rights in it. What led to transformations in the international arena in the wake of globalization and its effects on international aspects, including national sovereignty and the principle of state independence. Which was marred by several currents, which led to affecting it in a negative way, and this is what poor countries suffer from at the expense of rich countries, which led us to research the extent of the presence of national sovereignty on the international arena, and the extent to which the principle of non-interference in affairs is applied or existed. The internal affairs of states, which are stipulated in the Charter of the United Nations in the modern era, the theory of sovereignty has been subjected to substantial criticism and abandonment by many on the grounds that it is inconsistent with the current conditions of the international community. In fact, the theory of sovereignty has been misused to justify internal tyranny and international chaos. This theory has hindered the development of international law, the work of international organizations and the dominance of strong states over weak ones. At the present time, the concept of sovereignty has moved towards direction, as the transformations of the international system in the economic, political and military fields have led to the decline and erosion of the idea of the sovereignty of the national state.

Keywords: sovereignty, intervention, non-interference, globalization, humanitarian intervention

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3990 From the Himalayas to Australia: A Review of the Literature on Teaching and Learning with Nepalese Students in the Higher Education Sector

Authors: Sangeeta Rai

Abstract:

International education is Australia’s third largest export with significant revenue flowing to the economy in all state and territory jurisdictions. International students make significant economic, social and cultural contributions to all communities in which they are studying and often working. Among these international students are those from Nepal, who continue to seek Australian higher education in increasing numbers. This paper reports on findings from a literature review that highlights the gap in knowledge of the pedagogical issues that may need addressing in teaching Nepalese students in the higher education sector in Australia. Nepalese students bring to their studies a rich culture shaped by their country’s turbulent political and poor economic conditions. These factors may further contribute to their endeavors to seek education abroad to better themselves and their situation. This cohort of students faces various challenges undertaking their studies in Australia that may be due to factors including language, learning styles and engagement with peers. Hence, this paper highlights the importance of these students on Australian shores and forms the basis for further study on the issues and challenges that they face and those that need to be addressed by Australian educators.

Keywords: Nepalese students in Australia, challenges and coping mechanisms of Nepalese students, international students in Australia, socio-cultural background of Nepalese students

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3989 Human Rights as Part of the Core Values System of International Organisations: A Comparative Study

Authors: Ayyoub Jamali, Jennie Edlund, Alena Kozlová

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This paper evaluates the monitoring, prevention, and enforcing mechanisms of the core values of international organisations (IOs) in a comparative human rights perspective. The IOs in focus are the European Union, the Council of Europe, the African Union, and the Organization of American States. The paper will take the founding treaties of these IOs and their relevant protocols as a starting point to identify the values and the mechanisms used for their implementation. It will explore the scope of violations, the procedures in place and evaluate what type of response to those breaches seems to work best in terms of achieving its declared objectives. The study will identify and compare the weaknesses and strengths of each mechanism used by the IOs and recognize common challenges and means, thereby drawing inter-organizational comparisons. Consequently, the findings of this paper can be used among the IOs to improve their system and thus enhance their effectiveness.

Keywords: international organizations, core values, human rights, enforcement mechanism, compliance

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3988 Developing a Discourse Community of Doctoral Students in a Multicultural Context

Authors: Jinghui Wang, Minjie Xing

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The increasing number of international students for doctoral education has brought vitality and diversity to the educational environment in China, and at the same time constituted a new challenge to the English teaching in the higher education as the majority of international students come from developing countries where English is not their first language. To make their contribution to knowledge development and technical innovation, these international doctoral students need to present their research work in English, locally and globally. This study reports an exploratory study with an emphasis on the cognition and construction of academic discourse in the multicultural context. The present study aims to explore ways to better prepare them for international academic exchange in English. Voluntarily, all international doctoral students (n = 81) from 35 countries enrolled in the English Course: Speaking and Writing as a New Scientist, participated in the study. Two research questions were raised: 1) What did these doctoral students say about their cognition and construction of English academic discourses? 2) How did they manage to develop their productive skills in a multicultural context? To answer the research questions, data were collected from self-reports, in-depth interviews, and video-recorded class observations. The major findings of the study suggest that the participants to varying degrees benefitted from the cognition and construction of English academic discourse in the multicultural context. Specifically, 1) The cognition and construction of meta-discourse allowed them to construct their own academic discourses in English; 2) In the light of Swales’ CARS Model, they became sensitive to the “moves” involved in the published papers closely related to their study, and learned to use them in their English academic discourses; 3) Multimodality-driven presentation (multimedia modes) enabled these doctoral student to have their voice heard for technical innovation purposes; 4) Speaking as a new scientist, every doctoral student felt happy and able to serve as an intercultural mediator in the multicultural context, bridging the gap between their home culture and the global culture; and most importantly, 5) most of the participants reported developing an English discourse community among international doctoral students, becoming resourceful and productive in the multicultural context. It is concluded that the cognition and construction of academic discourse in the multicultural context proves to be conducive to the productivity and intercultural citizenship education of international doctoral students.

Keywords: academic discourse, international doctoral students, meta-discourse, multicultural context

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3987 Live and Learn in Ireland: Supporting International Students

Authors: Tom Farrelly, Yvoonne Kavanagh, Tony Murphy

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In the last 20 years, Ireland has enjoyed an upsurge in the number of international students coming to avail of its well-regarded Higher Education system. While welcome, the influx of international students has posed a number of cultural, social and academic challenges for the Irish HE sector, both at institutional and individual lecturer level. Notwithstanding the challenge to the Irish HE sector, the difficulties that incoming students face needs to be acknowledged and addressed. For students who have never left their home country before the transition can be daunting even if they have not learned the customs and ways of the new country. In 2013, Ireland’s National Forum for the Advancement of Teaching and Learning in Higher Education invited submissions from interested parties to design and implement digital supports aimed at assisting students transitioning into or exiting higher education. Five colleges—the Institute of Technology, Tralee; University College Cork, Institute of Technology, Carlow; Cork Institute of Technology and Waterford Institute of Technology—collectively known as the Southern Cluster, were granted funding to research and develop digital objects to support international students' transition into the Irish higher education system. One of the key fundamentals of this project was its strong commitment to incorporating the student voice to help inform the design of the digital objects. The primary research method used to ascertain student views was the circulation of an online questionnaire using SurveyMonkey to existing international students in each of the five participant colleges. The questionnaire sought to examine the experiences and opinions of the students in relation to three main aspects of their living and studying in Ireland (hence the name of the project LiveAndLearnInIreland) (1) the academic environment (2) the social aspects of living in Ireland and (3) the practical aspects of living in Ireland. The response to the survey (n=573), revealed a number of sometimes surprising issues and themes for the digital objects to address. The research, therefore, offers insight into the types of concerns that any college, whether in Ireland or further afield, needs to take into consideration, if it is to genuinely assist what can be a difficult transition for the international student. That said, while there are a number of themes that emerged that have international implications there are other themes that have a particular resonance for the Irish HE sector.

Keywords: international, transition, support, inclusion

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3986 Necessity of Recognition of Same-Sex Marriages and Civil Partnerships Concluded Abroad from Civil Status Registry Point of View

Authors: Ewa Kamarad

Abstract:

Recent problems with adopting the EU Regulation on matrimonial property regimes have clearly proven that Member States are unable to agree on the scope of the Regulation and, therefore, on the definitions of matrimonial property and marriage itself. Taking into account that the Regulation on the law applicable to divorce and legal separation, as well as the Regulation on matrimonial property regimes, were adopted in the framework of enhanced cooperation, it is evident that lack of a unified definition of marriage has very wide-ranging consequences. The main problem with the unified definition of marriage is that the EU is not entitled to adopt measures in the domain of material family law, as this area remains under the exclusive competence of the Member States. Because of that, the legislation on marriage in domestic legal orders of the various Member States is very different. These differences concern not only issues such as form of marriage or capacity to enter into marriage, but also the most basic matter, namely the core of the institution of marriage itself. Within the 28 Member States, we have those that allow both different-sex and same-sex marriages, those that have adopted special, separate institutions for same-sex couples, and those that allow only marriage between a man and a woman (e.g. Hungary, Latvia, Lithuania, Poland, Slovakia). Because of the freedom of movement within the European Union, it seems necessary to somehow recognize the civil effects of a marriage that was concluded in another Member State. The most crucial issue is how far that recognition should go. The thesis presented in the presentation is that, at an absolute minimum, the authorities of all Member States must recognize the civil status of the persons who enter into marriage in another Member State. Lack of such recognition might cause serious problems, both for the spouses and for other individuals. The authorities of some Member States may treat the marriage as if it does not exist because it was concluded under foreign law that defines marriage differently. Because of that, it is possible for the spouse to obtain a certificate of civil status stating that he or she is single and thus eligible to enter into marriage – despite being legally married under the law of another Member State. Such certificate can then be used in another country to serve as a proof of civil status. Eventually the lack of recognition can lead to so-called “international bigamy”. The biggest obstacle to recognition of marriages concluded under the law of another Member State that defines marriage differently is the impossibility of transcription of a foreign civil certificate in the case of such a marriage. That is caused by the rule requiring that a civil certificate issued (or transcribed) under one country's law can contain only records of legal institutions recognized by that country's legal order. The presentation is going to provide possible solutions to this problem.

Keywords: civil status, recognition of marriage, conflict of laws, private international law

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3985 Realising the Socio-Economic Rights of Refugees Under Human Rights Law: A Case Study of South Africa

Authors: Taguekou Kenfack Alexie

Abstract:

For a long time, refugee protection has constituted one of the main concerns of the international community as a whole and for the South African government in particular.The focus of this paper is on the challenges refugees face in accessing their rights in South Africa. In particular, it analyses the legal framework for the protection of the socio economic rights of refugees under international law, regional and domestic law and the extent to which the rights have been realized. The main hypothesis of the study centered on the fact that the social protection of refugees in South Africa is in conformity with international standards. To test this hypothesis, the qualitative research method was applied. Refugee related legal instruments were analyzed as well as academic publications, organizational reports and internet sources. The data analyzed revealed that there has been enormous progress in meeting international standards in the areas of education, emergency relief and assistance, protection of women and refugee children. The results also indicated that much remain to be desired in such areas as nutrition, shelter, health care, freedom of movement and very importantly, employment and social security. The paper also seeks to address the obstacles which prevent the proper treatment of refugees and to make recommendations as how the South African government can better regulate the treatment of refugees living in its territory.Recommendations include the amendment of the legal instruments that provide the normative framework for protection and improvement of protection policies to reflect the changing dynamics.

Keywords: international community, refugee, socioeconomic rights, social protection

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3984 Contested Visions of Exploration in IR: Theoretical Engagements, Reflections and New Agendas on the Dynamics of Global Order

Authors: Ananya Sharma

Abstract:

International Relations is a discipline of paradoxes. The State is the dominant political institution, with mainstream analysis theorizing the State, but theory remains at best a reactionary monolith. Critical Theorists have been pushing the envelope and to that extent, there has been a clear shift in the dominant discourse away from State-centrism to individuals and group-level behaviour. This paradigm shift has been accompanied with more nuanced conceptualizations of other variables at play–power, security, and trust, to name a few. Yet, the ambit of “what is discussed” remains primarily embedded in realist conceptualizations. With this background in mind, this paper will attempt to understand, juxtapose and evaluate how “order” has been conceptualized in International Relations theory. This paper is a tentative attempt to present a “state of the art” and in the process, set the stage for a deeper study to draw attention to what the author feels is a gaping lacuna in IR theory. The paper looks at how different branches of international relations theory envisage world order and the silences embedded therein. Further, by locating order and disorder inhabiting the same reality along a continuum, alternative readings of world orders are drawn from the critical theoretical traditions, in which various articulations of justice impart the key normative pillar to the world order.

Keywords: global justice, international relations theory, legitimacy, world order

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3983 Gendered Perspectives on the Understanding of the Politics and the Social Life

Authors: Canan Cetin

Abstract:

This essay analyses how gendered shaped views influence on our understanding of global politics. To do so, feminism used as a framework theory, thus masculinity is discussed in order to explain the male-dominated international relations (IR) discipline and the differences of reflections on our perspective considering the politics in a broader perspective. Particularly, it is highlighted that the social and cultural structures of societies have also an impact on our views about international relations and politics. From a different perspective, it is aimed that the sociological and cultural impression of the shifted gender perspectives on the political approach of different nations and societies will be examined by drawing on a range of sources. Instead of supporting one feminist theory, this essay engages with all traditions and enriches their arguments. Specifically, the main objective of the essay is hegemonic and plural masculinity on societies. The essay sets things up theoretically by looking at the nature of masculinity – the stage is set to show how this informs our understanding of IR.

Keywords: feminism, politics, international affairs, social life

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3982 Nigerian Football System: Examining Meso-Level Practices against a Global Model for Integrated Development of Mass and Elite Sport

Authors: I. Derek Kaka’an, P. Smolianov, D. Koh Choon Lian, S. Dion, C. Schoen, J. Norberg

Abstract:

This study was designed to examine mass participation and elite football performance in Nigeria with reference to advance international football management practices. Over 200 sources of literature on sport delivery systems were analyzed to construct a globally applicable model of elite football integrated with mass participation, comprising of the following three levels: macro- (socio-economic, cultural, legislative, and organizational), meso- (infrastructures, personnel, and services enabling sport programs) and micro-level (operations, processes, and methodologies for development of individual athletes). The model has received scholarly validation and showed to be a framework for program analysis that is not culturally bound. The Smolianov and Zakus model has been employed for further understanding of sport systems such as US soccer, US Rugby, swimming, tennis, and volleyball as well as Russian and Dutch swimming. A questionnaire was developed using the above-mentioned model. Survey questions were validated by 12 experts including academicians, executives from sport governing bodies, football coaches, and administrators. To identify best practices and determine areas for improvement of football in Nigeria, 120 coaches completed the questionnaire. Useful exemplars and possible improvements were further identified through semi-structured discussions with 10 Nigerian football administrators and experts. Finally, content analysis of Nigeria Football Federation’s website and organizational documentation was conducted. This paper focuses on the meso-level of Nigerian football delivery, particularly infrastructures, personnel, and services enabling sport programs. This includes training centers, competition systems, and intellectual services. Results identified remarkable achievements coupled with great potential to further develop football in different types of public and private organizations in Nigeria. These include: assimilating football competitions with other cultural and educational activities, providing favorable conditions for employees of all possible organizations to partake and help in managing football programs and events, providing football coaching integrated with counseling for prevention of antisocial conduct, and improving cooperation between football programs and organizations for peace-making and advancement of international relations, tourism, and socio-economic development. Accurate reporting of the sports programs from the media should be encouraged through staff training for better awareness of various events. The systematic integration of these meso-level practices into the balanced development of mass and high-performance football will contribute to international sport success as well as national health, education, and social harmony.

Keywords: football, high performance, mass participation, Nigeria, sport development

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3981 The Regionalism Paradox in the Fight against Human Trafficking: Indonesia and the Limits of Regional Cooperation in ASEAN

Authors: Nur Iman Subono, Meidi Kosandi

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This paper examines the role of regional cooperation in the Association of Southeast Asian Nations (ASEAN) in the fight against human trafficking for Indonesia. Many among scholars suggest that regional cooperation is necessary for combating human trafficking for its transnational and organized character as a crime against humanity. ASEAN members have been collectively active in responding transnational security issues with series of talks and collaboration agreement since early 2000s. Lately in 2015, ASEAN agreed on ASEAN Convention against Trafficking in Persons, particularly Women and Children (ACTIP) that requires each member to collaborate in information sharing and providing effective safeguard and protection of victims. Yet, the frequency of human trafficking crime occurrence remains high and tend to increase in Indonesian in 2017-2018. The objective of this paper is to examine the effectiveness and success of ACTIP implementation in the fight against human trafficking in Indonesia. Based on two years of research (2017-2018) in three provinces with the largest number of victims in Indonesia, this paper shows the tendency of persisting crime despite the implementation of regional and national anti-trafficking policies. The research was conducted by archive study, literature study, discourse analysis, and depth interviews with local government officials, police, prosecutors, victims, and traffickers. This paper argues that the relative success of ASEAN in establishing convention at the high-level meetings has not been followed with the success in its implementation in the society. Three main factors have contributed to the ineffectiveness of the agreements, i.e. (1) ASEAN institutional arrangement as a collection of sovereign states instead of supranational organization with binding authority; (2) the lack of commitment of ASEAN sovereign member-states to the agreements; and (3) the complexity and variety of the nature of the crime in each member-state. In effect, these factors have contributed to generating the regionalism paradox in ASEAN where states tend to revert to national policies instead of seeking regional collective solution.

Keywords: human trafficking, transnational security, regionalism, anti trafficking policy

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3980 A Semiotic Analysis of the Changes in the Visual Sign System of International Advertisements in the Arab World

Authors: Nabil Mohammed Nasser Salem

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International advertisements targeting the Arab world are usually modified to be compatible with the conservative culture in many Arab countries. The portrayal of female models in international advertisements in Arab magazines avoids direct sexual representation. Arab culture is guided by religious teachings and social restrictions that prohibit the display of many parts of the female body. Exposure of shoulders, arms, armpits, cleavage, legs, thighs, etc., of the female body is usually avoided in international advertisements published in Arab magazines. Exposure to parts of the female body other than the face and hands may be considered offensive in many parts of Arab countries. Although extensive research has been conducted on Arabic advertisements, to our best knowledge, there are no publications in the literature that address the recent changes in the visual sign system in international advertisements in Arab magazines using semiotics as a research method. The present study aims to analyze the changes in the visual sign system of international advertisements published in Arab magazines that promote female fragrances. It tries to analyze the differences in the sexual representations of the same female models in some selected advertisements during different periods. The magazines are randomly selected from the period between 2000 and 2019. The selection of magazines is based on their availability and popularity. The study focuses on the Dior Jadore ads because they reflect important changes in the appearance of the same female model between 2000 to 2019. The result of the study shows important changes in the sexual representation of the same female body. The Dior Jadore advertisement in 2000 shows only the head of the female model. The model is modestly portrayed and shows clear cultural and religious restrictions on the sexual representation of the female body. The result shows that the same female model is portrayed differently in the Dior Jadore advertisement from the period 2005 to 2019. These versions of advertisements show more parts of the female body that are covered in the older versions and show stronger sexual representations. The study is an important contribution as it fills an important gap in the literature by extending semiotic research to the study of recent visual changes in the sign system of international advertisements published in Arab magazines during an important period in the history of international advertisement targeting the Arab world, as they reflect changes in the sexual representation of female models.

Keywords: Arab magazine, female body, international advertisements, semiotics, sexual representation

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3979 Views on Abortion and Case Law on International and European Levels: Past and Present Jurisprudence

Authors: Aurélie Cassiers

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In this presentation, an overview is given of the freedom of states to legislate concerning abortion. Today, access to safe and legal abortion is still a hot topic in many countries in the world. Abortion policies try to strike a balance between women’s rights to self-determination and private life on the one hand, and the protection of the life of unborn children on the other. Each country has different religious, cultural and political views on abortion, and therefore specific legislations. However, citizens may submit a complaint at international courts when they find their national legislation too restrictive. The study is discussed of the development of the ECtHR, UNCHR, and IACHR case law, regarding the question of the ‘right to abort’ and indirectly of the protection of the unborn children. Each relevant case is analyzed to answer the following questions: Is the unborn child protected, and if so, how? Why does the woman want to abort and how is her interest or right protected? How is a fair balance reached between the different interests? Is the state completely free to write policies that restrict abortion? What are the factors to determine the margin of appreciation of the state? In conclusion, does this specific court recognize a right to abort, and if so, under which conditions? To conclude, this presentation shows that each court has its own perspective on and perception of abortion, and its own criteria to determine whether the state is complying with international norms regarding individual liberty and protection of the children.

Keywords: abortion, international courts, unborn children, women rights

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