Search results for: International Volleyball Federation
3918 Demystifying the Legitimacy of the International Court of Justice
Authors: Roger-Claude Liwanga
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Over the last seven decades, there has been a proliferation of international tribunals. Yet, they have not received unanimous approval, raising a question about their legitimacy. A legitimate international tribunal is one whose authority to adjudicate international disputes is perceived as justified. Using the case study of the International Court of Justice (ICJ), this article highlights the three criteria that should be considered in assessing the legitimacy of an international tribunal, which include legal, sociological, and moral elements. It also contends that the ICJ cannot claim 'full' legitimacy if any of these components of legitimacy is missing in its decisions. The article further suggests that the legitimacy of the ICJ has a dynamic nature, as litigating parties may constantly change their perception of the court’s authority at any time before, during, or after the judicial process. The article equally describes other factors that can contribute to maintaining the international court’s legitimacy, including fairness and unbiasedness, sound interpretation of international legal norms, and transparency.Keywords: international tribunals, legitimacy, human rights, international law
Procedia PDF Downloads 3783917 The International Labor Organization and the Formulation of International Labor Standards
Authors: Tahraoui Boualem
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The International Labor Organization is one of the specialized agencies of the United Nations, and it is the only organization within the United Nations system that is distinguished by its tripartite legitimacy and which simultaneously includes governments, workers' and employers' organizations of its member states in a joint effort to set standards and policies Work to promote decent work in various parts of the world, and the expression of international labor standards basically means two types of documents, namely international labor agreements and international labor recommendations, and so far its general conference, which is held annually, has set a number of standards, the number of which has reached 184 agreements and 192 recommendations so far. For this reason, it is decided to clarify the International Labor Organization and the formulation of international labor standards within two sections. In the first topic, the researcher discusses the concept of the International Labor Organization, and in the second topic, it highlights the legal basis for the authority of the International Labor Organization in protecting the rights of workers.Keywords: international labor, international labor standards, rights of workers, nation’s system
Procedia PDF Downloads 713916 National Project 'Environment' of Russian Federation as a Management Tool in Achieving SDGs
Authors: Ekaterina Posokhova, Boris Gavrilov
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Priority national projects have become an essential phenomenon in the Russian Federation. Both regional and local government institutions and a significant part of the society have been involved in their implementation. The scale and multispectricity of the national projects give a reason to believe that their concept is beyond the scope of the individual state programs. The national project “environment” contains federal projects on waste management, water, and air quality, ecotourism development, and biodiversity conservation highlights the importance of the preservation and restoration of Volga River and Lake Baikal ecosystems. This study assesses the national projects according to their relativeness with the current SDGs (i.e., SGD 14 and 15), evaluates the methodology of the projects. The paper considers the peculiarities of the national projects as strategic management tools as well as the possibility of amending the project objective indicators. Conclusion on the effectiveness of NP in terms of achieving SDGs is provided.Keywords: management, SDP, russia, conservation, law
Procedia PDF Downloads 1443915 The Notion of International Criminal Law: Between Criminal Aspects of International Law and International Aspects of Criminal Law
Authors: Magda Olesiuk-Okomska
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Although international criminal law has grown significantly in the last decades, it still remains fragmented and lacks doctrinal cohesiveness. Its concept is described in the doctrine as highly disputable. There is no concrete definition of the term. In the domestic doctrine, the problem of criminal law issues that arise in the international setting, and international issues that arise within the national criminal law, is underdeveloped both theoretically and practically. To the best of author’s knowledge, there are no studies describing international aspects of criminal law in a comprehensive manner, taking a more expansive view of the subject. This paper presents results of a part of the doctoral research, undertaking a theoretical framework of the international criminal law. It aims at sorting out the existing terminology on international aspects of criminal law. It demonstrates differences between the notions of international criminal law, criminal law international and law international criminal. It confronts the notion of criminal law with related disciplines and shows their interplay. It specifies the scope of international criminal law. It diagnoses the current legal framework of international aspects of criminal law, referring to both criminal law issues that arise in the international setting, and international issues that arise in the context of national criminal law. Finally, de lege lata postulates were formulated and direction of changes in international criminal law was proposed. The adopted research hypothesis assumed that the notion of international criminal law was inconsistent, not understood uniformly, and there was no conformity as to its place within the system of law, objective and subjective scopes, while the domestic doctrine did not correspond with international standards and differed from the worldwide doctrine. Implemented research methods included inter alia a dogmatic and legal method, an analytical method, a comparative method, as well as desk research.Keywords: criminal law, international crimes, international criminal law, international law
Procedia PDF Downloads 3023914 Idea of International Criminal Justice in the Function of Prosecution International Crimes
Authors: Vanda Božić, Željko Nikač
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The wars and armed conflicts have often resulted in violations of international humanitarian law, and often commit the most serious international crimes such as war crimes, crimes against humanity, aggression and genocide. However, only in the XX century the rule was articulated idea of establishing a body of international criminal justice in order to prosecute these crimes and their perpetrators. The first steps in this field have been made by establishing the International military tribunals for war crimes at Nuremberg and Tokyo, and the formation of ad hoc tribunals for the former Yugoslavia and Rwanda. In the end, The International Criminal Court was established in Rome in 1998 with the aim of justice and in order to give satisfaction the victims of crimes and their families. The aim of the paper was to provide a historical and comparative analysis of the institutions of international criminal justice based on which these institutions de lege lata fulfilled the goals of individual criminal responsibility and justice. Furthermore, the authors suggest de lege ferenda that the Permanent International Criminal Tribunal, in addition to the prospective case, also takes over the current ICTY and ICTR cases.Keywords: international crimes, international criminal justice, prosecution of crimes, ad hoc tribunal, the international criminal court
Procedia PDF Downloads 2803913 Nigerian Football System: Examining Micro-Level Practices against a Global Model for Integrated Development of Mass and Elite Sport
Authors: Iorwase Derek Kaka’an, Peter Smolianov, Steven Dion, Christopher Schoen, Jaclyn Norberg, Charles Gabriel Iortimah
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This study examines the current state of football in Nigeria to identify the country's practices, which could be useful internationally, and to determine areas for improvement. Over 200 sources of literature on sport delivery systems in successful sports nations 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 sports programs) and micro level (operations, processes, and methodologies for the development of individual athletes). The model has received scholarly validation and has shown to be a framework for program analysis that is not culturally bound. It has recently been utilized for further understanding such sports systems as US rugby, tennis, soccer, swimming, and volleyball, as well as Dutch and Russian swimming. A questionnaire was developed using the above-mentioned model. Survey questions were validated by 12 experts including academicians, executives from sports governing bodies, football coaches, and administrators. To identify best practices and determine areas for improvement of football in Nigeria, 116 coaches completed the questionnaire. Useful exemplars and possible improvements were further identified through semi-structured discussions with 10 Nigerian football administrators and experts. Finally, a content analysis of the Nigeria Football Federation's website and organizational documentation was conducted. This paper focuses on the micro level of Nigerian football delivery, particularly talent search and development as well as advanced athlete preparation and support. Results suggested that Nigeria could share such progressive practices as the provision of football programs in all schools and full-time coaches paid by governments based on the level of coach education. Nigerian football administrators and coaches could provide better football services affordable for all, where success in mass and elite sports is guided by science focused on athletes' needs. Better implemented could be international best practices such as lifelong guidelines for health and excellence of everyone and integration of fitness tests into player development and ranking as done in best Dutch, English, French, Russian, Spanish, and other European clubs; integration of educational and competitive events for elite and developing athletes as well as fans as done at the 2018 World Cup Russia; and academies with multi-stage athlete nurturing as done by Ajax in Africa as well as Barcelona FC and other top clubs expanding across the world. The methodical integration of these practices into the balanced development of mass and elite football will help contribute to international sports success as well as national health, education, crime control, and social harmony in Nigeria.Keywords: football, high performance, mass participation, Nigeria, sport development
Procedia PDF Downloads 733912 Position of the Constitutional Court of the Russian Federation on the Matter of Restricting Constitutional Rights of Citizens Concerning Banking Secrecy
Authors: A. V. Shashkova
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The aim of the present article is to analyze the position of the Constitutional Court of the Russian Federation on the matter of restricting the constitutional rights of citizens to inviolability of professional and banking secrecy in effecting controlling activities. The methodological ground of the present Article represents the dialectic scientific method of the socio-political, legal and organizational processes with the principles of development, integrity, and consistency, etc. The consistency analysis method is used while researching the object of the analysis. Some public-private research methods are also used: the formally-logical method or the comparative legal method, are used to compare the understanding of the ‘secrecy’ concept. The aim of the present article is to find the root of the problem and to give recommendations for the solution of the problem. The result of the present research is the author’s conclusion on the necessity of the political will to improve Russian legislation with the aim of compliance with the provisions of the Constitution. It is also necessary to establish a clear balance between the constitutional rights of the individual and the limit of these rights when carrying out various control activities by public authorities. Attempts by the banks to "overdo" an anti-money laundering law under threat of severe sanctions by the regulators actually led to failures in the execution of normal economic activity. Therefore, individuals face huge problems with payments on the basis of clearing, in addition to problems with cash withdrawals. The Bank of Russia sets requirements for banks to execute Federal Law No. 115-FZ too high. It is high place to attract political will here. As well, recent changes in Russian legislation, e.g. allowing banks to refuse opening of accounts unilaterally, simplified banking activities in the country. The article focuses on different theoretical approaches towards the concept of “secrecy”. The author gives an overview of the practices of Spain, Switzerland and the United States of America on the matter of restricting the constitutional rights of citizens to inviolability of professional and banking secrecy in effecting controlling activities. The Constitutional Court of the Russian Federation basing on the Constitution of the Russian Federation has its special understanding of the issue, which should be supported by further legislative development in the Russian Federation.Keywords: constitutional court, restriction of constitutional rights, bank secrecy, control measures, money laundering, financial control, banking information
Procedia PDF Downloads 1863911 The History of Chartered Certified Accountants: The Case of Tunisia
Authors: Mariam Dammak, Yosra Makni Fourati, Rania Mnejja
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This paper aims to highlight the conditions and the context of the birth and the implementation of the Chartered Certified Accountants in Tunisian universities. For this purpose, we present an historical overview of the establishment of institutions that started the courses of Chartered accounting, including the Institute of Higher Commercial Studies (IHEC) of Carthage, the Higher Institute of Management (ISG) of Tunis, the Faculty of Economics and Management (FSEG) of Sfax and later the Higher Institute of Accounting and Administration of Enterprises (ISCAE) of Tunis. Then, it would be relevant to examine the changes, carried out by the Tunisian government, of the regulations in force relating to this academic path, from its birth during the 1970s until nowadays. We conducted a documentary study (archival documents, official documents, etc.) accompanied by semi-structured interviews with key actors (accountants, academics, officials of the Ministry of Higher Education) who marked the history of the studies of Tunisian charted accounting. Addressing this research question in Tunisia may contribute to the literature in three ways. First, previous researches dealing with the history of charted accounting-education are scared. Second, this paper allows us to understand the circumstances and context of the birth and teaching of accounting in Tunisia. Eventually, it helps to position the accounting curriculum in relation to international requirements. In fact, the training of accountants is closely related to the practice of the profession, regulated by the Order of Chartered Accountants in Tunisia (OECT). This Order is a member of the International Federation of Accountants (IFAC), since its creation in the 80s, has obligations to align with international requirements, particularly those relating to higher education, set up in 2005 and updated in 2015 (International Standard Education: IES).Keywords: accounting history, chartered certified accountants, higher accounting education, Tunisian context
Procedia PDF Downloads 1423910 The Difference between Legislative Jurisdiction and Judicial Jurisdiction in International Law
Authors: Zhang Rui
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The primary aim of the study is to compare legislative jurisdiction and judicial jurisdiction in international law, highlighting the unique conditions and bases for their exercise in legal practice.The research employs a comparative law analysis approach alongside a thorough examination of international law principles to achieve a comprehensive understanding of legislative and judicial jurisdiction in the international legal context. The findings of this research underscore the diverse development trajectory of legislative jurisdiction in international law, emphasizing the continued significance of territoriality as a primary basis for exercising judicial jurisdiction.Keywords: international law, judicial jurisdiction, legislative jurisdiction, legal implementation
Procedia PDF Downloads 153909 Human Rights Violations and the Inability of International Law to Solve Them
Authors: Amin Osama Amin Mohamed Elbaramawy
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In the last period of time, about ten years ago, wars caused violations of human rights in many places, and despite international condemnations, they did not stop, and the truth is that international law was unable to stop them. The global wars and conflicts that the world has been witnessing for more than ten years have caused the displacement of millions of people in all parts of the earth, causing a violation of the human rights of those people. Despite international condemnations of these conflicts, these conflicts have not stopped and have not been resolved until now. Therefore, I call for international law and international courts to be more effective and not just in words, taking into account the speed in this due to the increase in those wars and conflicts every day and new violations every day.Keywords: war, freedom, human rights, international law
Procedia PDF Downloads 953908 The Role of State Practices and Custom in Outer Space Law
Authors: Biswanath Gupta, Raju Kd
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Space law is the new entry in the basket of international law in the latter half of the 20th Century. In the last hundred and fifty years, courts and scholars developed a consensus that, the custom is an important source of international law. Article 38(1) (b) of the statute of the International Court of Justice recognized international custom as a source of international law. State practices and usages have a greater role to play in formulating customary international law. This paper examines those state practices which can be qualified to become international customary law. Since, 1979 (after Moon Treaty) no hard law have been developed in the area of space exploration. It tries to link between state practices and custom in space exploration and development of customary international law in space activities. The paper uses doctrinal method of legal research for examining the current questions of international law. The paper explores different international legal documents such as General Assembly Resolutions, Treaty principles, working papers of UN, cases relating to customary international law and writing of jurists relating to space law and customary international law. It is argued that, principles such as common heritage of mankind, non-military zone, sovereign equality, nuclear weapon free zone and protection of outer space environment, etc. developed state practices among the international community which can be qualified to become international customary law.Keywords: customary international law, state practice, space law, treaty
Procedia PDF Downloads 3433907 An Extended Eclectic Paradigm of Dunning: Impact of New International Business Processes
Authors: D. De Matías Batalla
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This paper develops and extended eclectic paradigm to fit the firm internationalization process with the real international business world. The approach is based on Dunning´s, introducing new concepts like mode of entry, international joint venture o international mergers and acquisitions. At the same time is presented a model to describe the Spanish international mergers and acquisitions in order to determinate the most important factor that influence in this type of foreign direct investment.Keywords: dunning, eclectic paradigm, foreign direct investment, IJV, international business, international management, multinational firms, firm internationalization process, M&A
Procedia PDF Downloads 4223906 Power, Pluralism, and History: Norms in International Societies
Authors: Nicole Cervenka
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On the question of norms in international politics, scholars are divided over whether norms are a tool for power politics or a genuine reflection of an emergent international society. The line is drawn between rationalism and idealism, but this dialectical relationship needs to be broken down if we hope to come to a comprehensive understanding of how norms play out in international society. The concept of an elusive international society is a simplification of a more pluralistic, cosmopolitan, and diverse collection of international societies. The English School effectively overcomes realist-idealist dichotomies and provides a pluralistic, comprehensive explanation and description of international societies through its application to two distinct areas: human rights as well as security and war. We argue that international norms have always been present in human rights, war, and international security, forming international societies that can be complimentary or oppositional, beneficial or problematic. Power politics are present, but they can only be regarded as partially explanatory of the role of norms in international politics, which must also include history, international law, the media, NGOs, and others to fully represent the normative influences in international societies. A side-by-side comparison of international norms of war/security and human rights show how much international societies converge. World War II was a turning point in terms of international law, these forces of international society have deeper historical roots. Norms of human rights and war/security are often norms of restraint, guiding appropriate treatment of individuals. This can at times give primacy to the individual over the sovereign state. However, state power politics and hegemony are still intact. It cannot be said that there is an emergent international society—international societies are part of broader historical backdrops. Furthermore, states and, more generally, power politics, are important components in international societies, but international norms are far from mere tools of power politics. They define a more diverse, complicated, and ever-present conception of international societies.Keywords: English school, international societies, norms, pluralism
Procedia PDF Downloads 3843905 The Targeted Killing of Soleimani between International Law and US Domestic Law
Authors: Mohammad Yousef
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The issue of targeted killing has become a part of modern international law topics, as its spread has been accompanied by the technological development of weapons and military equipment, especially armed drones. Until now, there is no specific definition or legal framework for targeted killing in international law, and the issue of its compatibility with international law is still subject to debate and controversy. The case of the targeted killing of General Qassem Soleimani sparked waves of reactions and discussions between legal scholars and US officials in an argument about the legality of killing him in the light of international law rules and US domestic law. This paper firstly discusses the legality of targeted killing in international law and US domestic law; after that, it studies the legal bases and the legal system that governs these operations, while in the second section, it sheds light on the case of Soleimani’s targeted killing in light of international law and US domestic law, by examining the different views of jurists in this regard.Keywords: targeted killing, international law, US domestic law, Qassem Soleimani
Procedia PDF Downloads 1403904 International Criminal Prosecution and Core International Crimes
Authors: Ikediobi Lottanna Samuel
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Days are gone when perpetrators of core international crimes hide under the cloak of sovereignty to go with impunity. The principle of international criminal responsibility is a reality. This move to end impunity for violation of human rights has led to the creation of international and hybrid tribunals, a permanent international criminal court, and increased prosecution of human rights violations in domestic courts. This article examines the attempts by the international community to bring perpetrators of heinous crimes to book. The work reveals the inadequacy of the current international mechanism for prosecuting core international crimes in order to end the culture of impunity and entrench the culture of accountability. It also identifies that ad hoc international criminal tribunals and the international criminal court face similar challenges ranging from lack of cooperation by nation states, non-existence of hierarchy of crimes, lack of effective enforcement mechanism, limited prosecutorial capacity and agenda, difficulty in apprehending suspects, difficulty in blending different legal tradition, absence of a coherent sentencing guideline, distant location of courts, selective indictment, etc. These challenges adversely affect the functioning of these courts. It is suggested that a more helpful way to end impunity would be to have a more robust and synergistic relationship between national, regional, and international approaches to prosecuting core international crimes.Keywords: prosecution, criminal, international, tribunal, justice, ad hoc
Procedia PDF Downloads 2163903 The Doctrine of Military Necessity under Customary International Law: A Breach of International Humanitarian Law
Authors: Uche A. Nnawulezi
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This paper examines an essential and complex part of International humanitarian law standards of military necessity. Military necessity is an unpredictable phenomenon. The unpredictability of this regulation likewise originates from the fact that is one of the most fundamental, yet most misjudged and distorted standards of international law of armed conflict. This rule has been censured as essentially wrong in light of its non-compliance with the principles of international humanitarian law in recent past. The author noted in this study that military necessity runs counter to humanitarian exigencies. These have generated debate among researchers for them to propose that for international law to be considered more important, it is indispensable that the procedures and substance of custom be illuminated and made accessible to every one of the individuals who may utilize it or be influenced by it. However, a significant number of analysts have attributed particular weaknesses to this doctrine. This study relied on both primary and secondary sources of data collection. Significantly, the recommendation made in this paper, if completely adopted, shall go a long way in guaranteeing a better application of the principles of international humanitarian law.Keywords: military necessity, international law, international humanitarian law, customary law
Procedia PDF Downloads 2153902 Scientific Forecasting in International Relations
Authors: Djehich Mohamed Yousri
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In this research paper, the future of international relations is believed to have an important place on the theoretical and applied levels because policy makers in the world are in dire need of such analyzes that are useful in drawing up the foreign policies of their countries, and protecting their national security from potential future threats, and in this context, The topic raised a lot of scientific controversy and intellectual debate, especially in terms of the extent of the effectiveness, accuracy, and ability of foresight methods to identify potential futures, and this is what attributed the controversy to the scientific foundations for foreseeing international relations. An arena for intellectual discussion between different thinkers in international relations belonging to different theoretical schools, which confirms to us the conceptual and implied development of prediction in order to reach the scientific level.Keywords: foresight, forecasting, international relations, international relations theory, concept of international relations
Procedia PDF Downloads 2153901 Cybercrime: International Police Cooperation with Europol
Authors: Daniel Suarez Alonso
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Cybercrime is a growing international threat and a challenge for law enforcement agencies and judicial systems worldwide. International cooperation is necessary to solve this problem because cybercrime knows no borders and often involves multiple jurisdictions, being related to organised crime. The purpose of this article is to analyse international cooperation in the investigation and prosecution of cybercrime, focusing on the framework of the Regulation of the European Union Agency for Law Enforcement Cooperation (EUROPOL), cooperation that takes place between police authorities from different countries. It examines the legal and operational mechanisms in place to facilitate international cooperation in Europe in this area and assesses their effectiveness in the fight against cybercrime. In addition, the study of a Spanish investigation where cooperation with EUROPOL took place will be examined, analyzing how international cooperation was carried out to investigate and track down criminals. Lessons learned from this case will be discussed and recommendations for improving international cooperation in the fight against cybercrime will be proposed.Keywords: Europol, international cooperation, cybercrime, computer crime, law
Procedia PDF Downloads 673900 Commercialization of Technologies, Productivity and Problems of Technological Audit in the Russian Economy
Authors: E. A. Tkachenko, E. M. Rogova, A. S. Osipenko
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The problems of technological development for the Russian Federation take on special significance in the context of modernization of the production base. The complexity of the position of the Russian economy is that it cannot be attributed fully to developing ones. Russia is a strong industrial power that has gone through the processes of destructive de-industrialization in the conditions of changing its economic and political structure. The need to find ways for re-industrialization is not a unique task for the economies of industrially developed countries. Under the influence of production outsourcing for 20 years, the industrial potential of leading economies of the world was regressed against the backdrop of the ascent of China, a new industrial giant. Therefore, methods, tools, and techniques utilized for industrial renaissance in EU may be used to achieve a technological leap in the Russian Federation, especially since the temporary gap of 5-7 years makes it possible to analyze best practices and use those technological transfer tools that have shown the greatest efficiency. In this article, methods of technological transfer are analyzed, the role of technological audit is justified, and factors are analyzed that influence the successful process of commercialization of technologies.Keywords: technological transfer, productivity, technological audit, commercialization of technologies
Procedia PDF Downloads 2153899 An Examination of the Challenges of Domestication of International Laws and Human Rights Laws in Nigeria
Authors: Uche A. Nnawulezi
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This study evolved from the need to look at and evaluate the difficulties in the domestication of International Laws and Human Rights Laws in Nigeria. Essentially, the paper-based its examination on documentary evidence and depended much on secondary sources, for example, textbooks, journals, articles, periodicals and research reports emanating from suggestions of international law experts, jurists and human rights lawyers on the development challenges in domesticating international laws and human rights laws in Nigeria. These data were analyzed by the application of content analysis and careful observation of the current municipal laws which has posed great challenges in the domestication of International laws. This paper might follow the historical backdrop of the practices in the use of International law in Nigeria and should likewise consider the challenges inherent in these practices. The paper suggests that a sustainable domestication of International Laws and its application in Nigerian courts will ensure a better enforcement of human rights within the domestic jurisdiction.Keywords: international law, human rights, domestication, challenges
Procedia PDF Downloads 2463898 Changing Landscape of International Law of Governance: ‘One Belt One Road Initiative’ as a Case Study
Authors: Tikumporn Rodkhunmuang
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The importance of ‘international law of governance’ is the means and end to deal with international affairs. This research paper seeks to first study the historical development of international law of governance from the classical period of the international legal framework of global governance until the contemporary period of its framework. Second, the international law of governance is extremely turning into the crucial point in its long history because of the changing of China's foreign policies towards ‘One Belt One Road Initiative’. Third, the proposing model of the existing international law of governance within Chinese characteristics will be the new rules and modalities of modern diplomacy and governed international affairs. Methodologically speaking, this research paper is conducting under mixed methods research, which are also included numerical analysis and theoretical considerations. As a result, this research paper is the critical point of the international legal framework of global governance that changing the diplomatic paradigm as well as turning China into a great-power in international politics. So, this research paper is useful for international legal scholars and diplomats for slightly changing their understanding of the rapidly changing their norms from western norms to the eastern norms of international law. Therefore, the outcome of the research is the modern model of China to make a diplomatic relationship with other countries in the global society.Keywords: global governance, international law, landscape, one belt one road
Procedia PDF Downloads 1873897 Limitations of Recent National Enactments on International Crimes: The Case of Kenya, Uganda and Sudan
Authors: Emma Charlene Lubaale
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The International Criminal Court (ICC) operates based on the principle of complementarity. On the basis of this principle, states enjoy the primary right to prosecute international crimes, with the ICC intervening only when a state with jurisdiction over an international crime is unable or unwilling to prosecute. To ably exercise their primary right to prosecute international crimes domestically, a number of states are taking steps to criminalise international crimes in their national laws. Significant to note, many of the laws enacted are not being applied in the prosecution of the international crimes allegedly committed. Kenya, Uganda and Sudan are some notable states where commission of international crimes is documented. All these states have recently enacted laws on international crimes. Kenya enacted the International Crimes Act in 2008, Uganda enacted the International Criminal Court Act in 2010 and in 2007, Sudan made provision for international crimes under its Armed Forces Act. However, in all these three states, the enacted national laws on international crimes have thus far not featured in any of the proceedings before these states’ courts. Instead, these states have either relied on ordinary crimes to prosecute international crimes or not prosecuted international crimes altogether. This paper underscores the limitations of the enacted laws, explaining why, even with efforts taken by these states to enact national laws on international crimes, these laws cannot be relied on to advance accountability for the international crimes. Notably, the laws in Kenya and Uganda do not have retroactive application. In Sudan, despite the 2007 reforms, the structure of military justice in Sudan has the effect of placing certain categories of individuals beyond the reach of international criminal justice. For Kenya and Uganda, it is concluded that the only benefit that flows from these enactments is reliance on them to prosecute future international crimes. For Sudan, the 2007 reforms will only have the desired impact if reforms are equally made to the structure of military justice.Keywords: complementarity, national laws, Kenya, Sudan, Uganda, international crimes, limitations
Procedia PDF Downloads 2843896 The Education-Development Nexus: The Vision of International Organizations
Authors: Thibaut Lauwerier
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This presentation will cover the vision of international organizations on the link between development and education. This issue is very relevant to address the general topic of the conference. 'Educating for development' is indeed at the heart of their discourse. For most of international organizations involved in education, it is important to invest in this field since it is at the service of development. The idea of this presentation is to better understand the vision of development according to these international organizations and how education can contribute to this type of development. To address this issue, we conducted a comparative study of three major international organizations (OECD, UNESCO and World Bank) influencing education policy at the international level. The data come from the strategic reports of these organizations over the period 1990-2015. The results show that the visions of development refer mainly to the neoliberal agenda, despite evolutions, even contradictions. And so, education must increase productivity, improve economic growth, etc. UNESCO, which has a less narrow conception of the development and therefore the aims of education, does not have the same means as the two other organizations to advocate for an alternative vision.Keywords: development, education, international organizations, poilcy
Procedia PDF Downloads 2233895 The Survey of Sports Injuries in Ten Sports
Authors: Najmeh Arabnejad, Mohammad Hossein Yousefi
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The risk of injuring is possible in most sports. These injuries are inevitable in contact sports. Since sports injuries result in financial, physical, physiological and social problems for most athletes and endanger their professional future, studying the happening of sports injuries in sports changes to an important issue. This study can be conducted through different aspects including psychological, pathological, social, managerial, etc. Therefore, the present study was designed and conducted with the aim Survey of Sports Injuries In Ten Sports from 2006 to 2011.This descriptive study was carried out in a documentary form. Thus, data related to sports insurance and sport injuries happened in soccer, volleyball, basketball, handball, badminton, karate, track and field, taekwondo, gymnastics and wrestling was collected from Sports Medical Board of Kerman Province, as the largest province in Iran, and then was analyzed. Data collection method was library one. Furthermore, information related to 210406 insured athletes was analyzed using Descriptive Statistical Indexes in the level mean and SPSS20 Software. The research findings showed that the number of male athletes who injured was higher than female athletes in most sports within various years. Soccer, karate, volleyball, wrestling, handball, taekwondo, gymnastics, basketball, track and field, and badminton had the most injuries, respectively. Moreover, the number of injured athletes and their ratio to insured ones during six years were studied; in general, an increase in ratio of sports injuries was observed. Thus, upward movement of sports injuries in different sports, as the results of this study confirm it, is a warning which results in losing young forces and wasting of sports potential in Iran.Keywords: sports, sports injuries, survey, Kerman
Procedia PDF Downloads 3703894 Regaining Control of Democracy: How National Courts Strategically Utilize Foreign and International Law
Authors: Rana Nasiri, Hamid Vahidkia
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Recently, most courts in democratic nations were hesitant to consider foreign and international law. Their approach was to steer clear of using foreign sources of law that conflicted with their own government's stance. Numerous legal experts consider turning to foreign and international law unsuitable. However, those who advocate for using external sources of law also believe that relying on foreign and international law will always be in conflict with the importance of national sovereignty. Therefore, the academic discussion revolves around the commonly known broader debate on ‘the counter-majoritarian difficulty’. This article challenges the idea of tension. It suggests that in many democratic nations' legal systems, including those in the U.S., using foreign and international law can help strengthen domestic democratic processes by protecting them from outside economic, political, and legal influences. Citing international law supports domestic democratic processes and regains national sovereignty from various globalization forces. In other words, national courts must consider foreign and international law to uphold their national political institutions and protect their own status in relation to political branches.Keywords: international law, social science, US, democracy, politics
Procedia PDF Downloads 453893 Sexual and Gender Based Crimes in International Criminal Law: Moving Forwards or Backwards
Authors: Khadija Ali
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Prosecution of sexual violence in international criminal law requires not only an understanding of the mechanisms employed to prosecute sexual violence but also a critical analysis of the factors facilitating perpetuation of such crimes in armed conflicts. The extrapolations laid out in this essay delve into the jurisprudence of international criminal law pertaining to sexual and gender based violence followed by the core question of this essay: Has the entrenchment of sexual violence as international crimes in the Rome Statute been successful to address such violence in armed conflicts?Keywords: conflict, gender, international criminal law, sexual violence
Procedia PDF Downloads 5753892 Recruitment Strategies and Migration Regulations for International Students in the United States and Canada: A Comparative Study
Authors: Aynur Charkasova
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The scientific and economic contributions of international students cannot be underestimated. International education continues to be a competitive global industry, and many countries are seeking to recruit the best and the brightest to reinforce scientific innovations, boost intercultural learning, and bring more funding to the universities and colleges. Substantial changes in international educational policies and migration regulations have been made in the hopes of recruiting global talent. This paper explores and compares recruitment strategies, employment opportunities, and a legal path to permanent residency policies related to international students in the United States of America and Canada. This study will utilize the legal information available by the government websites of both countries, peer-reviewed scholarly articles and will highlight which approach promises a better path in recruiting and retention of international students. The findings from the study will be discussed and recommendations will be provided.Keywords: international students, current immigration policies, STEM, visa reforms for international students
Procedia PDF Downloads 643891 Fundamentals of Theorizing Power in International Relations
Authors: Djehich Mohamed Yousri
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The field of political science is one of the sciences in which there is much controversy, in terms of the multiplicity of schools, trends, and goals. This overlap and complexity in the interpretation of the political phenomenon in political science has been linked to other disciplines associated with it, and the science of international relations and the huge amount of theories that have found a wide range and a decisive position after the national tide in the history of Western political thought, especially after the Westphalia Conference 1648, and as a result was approved The new foundations of international politics, the most important of which is respect for state sovereignty. Historical events continued and coincided with scientific, intellectual, and economic developments following the emergence of the industrial revolution, followed by the technological revolutions in all their contents, which led to the rooting and establishment of a comprehensive political system that is more complex and overlapping than it was in the past during the First and Second World Wars. The international situation has become dependent on the digital revolution and its aspirations in The comprehensive transformation witnessed by international political relations after the Cold War.Keywords: theorizing, international relations, approaches to international relations, political science, the political system
Procedia PDF Downloads 1043890 On the Principle of Sustainable Development and International Law
Authors: Zhang Rui
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Context: The paper addresses the necessity of incorporating the principle of sustainable development into international law to guide states and international organizations towards achieving this goal. Research aim: To emphasize the importance of integrating sustainable development into international law and establishing procedures to attain this objective. Methodology: The study utilizes document analysis, comparative law analysis, and international law analysis to support the argument for including sustainable development in international legal frameworks. Findings: The findings suggest that integrating sustainable development into international law can lead to significant improvements in legal practices, treaty interpretations, and state behaviors. Theoretical importance: The paper highlights the potential impacts of the principle of sustainable development on reshaping existing legal norms and promoting sustainable practices globally. Data collection: The data is gathered through the analysis of relevant legal documents, comparative studies, and international legal frameworks. Analysis procedures: The analysis involves examining how the principle of sustainable development can influence legal outcomes, treaty interpretations, and state behaviors. Questions addressed: The study addresses how the principle of sustainable development can be integrated into international law and what implications this integration can have on legal practices and state behaviors. Conclusion: Integrating sustainable development into international law is crucial for advancing global sustainability objectives and guiding states and international organizations towards sustainable practices.Keywords: international law, sustainable development, environmental legislation, sovereign equality
Procedia PDF Downloads 213889 Harmonization in International Trade Law
Authors: Pouria Ghidi
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Creating convergence in trade is very important, but in practice, this seems out of reach due to the conflict of interests and views of countries. The most important mission of UNCITRAL is to standardize and modernize international trade law through legislative and non-legislative tools on various issues of international trade law between governments. Unfortunately, the performance of governments has shown that, except in some cases, unity is not welcomed. Therefore, although unification is envisaged as a goal, it is more practical to create convergence between countries. In a variety of ways, UNCITRAL seeks to create a kind of common ground between influential actors in the international trade law system that approaches a degree of convergence of views. Accordingly, this realization seeks to find these mechanisms and their impact on creating convergence among actors in the field of international trade. In other words, this study seeks to address the question of what tools the UN Commission on International Trade Law uses to develop the convergence of rules and regulations in this area, which groups it targets, and at what levels they work.Keywords: UNCITRAL, harmonization, unification in interpretation, international trade law, model laws
Procedia PDF Downloads 37