Suchergebnisse

How does the international Rule of Law apply to constrain the conduct of the Executive within a constitutional State that adopts a dualist approach to the reception of international law? This paper argues that, so far from being inconsistent with the concept of the Rule of Law, the Executive within a dualist constitution has a self-enforcing obligation to abide by the obligations of the State under international law. This is not dependent on Parliament's incorporation of treaty obligations into domestic law. It is the correlative consequence of the allocation to the Executive of the power to conduct foreign relations. The paper develops this argument in response to recent debate in the United Kingdom on whether Ministers have an obligation to comply with international law–a reference that the Government removed from the Ministerial Code. It shows that such an obligation is consistent with both four centuries of the practice of the British State and with principle.

The thesis analyses how, if at all, accession to international standards makes a difference to national minorities in Russia in the advancement of their cultural rights, focusing on the period 2000-2011. It further analyses the factors that influence particular forms of implementation of international standards. The study uses data from semi-structured interviews, as well as from legislation, legal judgements and Council of Europe documents. It focuses on three minorities as case studies: the Karelians, Mordovians and Tatars. The research is divided into three parts: 1) Practice and Law, investigating how the specific characteristics of the Russian domestic legal environment and of the relevant international standards generate a particular type of dynamics between the two; 2) Homogenisation, examining whether international standards can suspend or reverse Russia's culturally homogenising tendencies since the 2000s; 3) Exclusion, investigating to what extent, if at all, international standards may modify the dynamics of majority-minority relations by facilitating the introduction of a form of participation that is effective, in the area of decision- and policy-making on minorities' cultural rights. The thesis concludes that the role of international standards in the area of minorities' cultural rights is restricted in scope in Russia. Two sets of reasons are identified. First, specific features of Russian politics and society: (i) Russia's selective implementation of international law; (ii) the alternation of localism and centralism; (iii) Russia's homogenising centralisation and 'managed diversity'; (iv) the absence of guarantees for the upholding of minorities' participatory rights, resulting in fictitious forms of participation. The second set of reasons relates to the complexities and weaknesses of international standards on minority rights themselves. (ECMI)

The German government frequently stresses that it pursues a "restrictive arms export policy". And yet, some of the biggest customers of German arms manufacturers are countries in the Middle East (MENA region) in particular. In their comments Simone Wisotzki (HSFK) and Max Mutschler (BICC) criticise in particular German arms exports to states which–as in the case of Libya–violate UN arms embargoes.

The paper empirically examines how gender affects international market engagement through its effects on entrepreneurial exit experience and innovation in early-stage social service ventures across different countries. Empirical findings from generalized linear mixed models with SAS GLIMMIX procedures support the direct effect of gender on international market engagement and the indirect effect of gender on international market engagement through entrepreneurial exit experience and innovation in early-stage social service ventures. The study shows significant gender gaps in the international market engagement of early-stage social service ventures owned by male and female entrepreneurs. The gaps appear to be rooted in gender differences in experiential learning resulting from entrepreneurial exit experience and innovation. The paper calls on governments to build gender-aware ecosystems that engage female entrepreneurs in experiential learning and innovation, thereby empowering them to grow through active international market engagement in early-stage social service ventures.

The thesis analyses how, if at all, accession to international standards makes a difference to national minorities in Russia in the advancement of their cultural rights, focusing on the period 2000-2011. It further analyses the factors that influence particular forms of implementation of international standards. The study uses data from semi-structured interviews, as well as from legislation, legal judgements and Council of Europe documents. It focuses on three minorities as case studies: the Karelians, Mordovians and Tatars. The research is divided into three parts: 1) Practice and Law, investigating how the specific characteristics of the Russian domestic legal environment and of the relevant international standards generate a particular type of dynamics between the two; 2) Homogenisation, examining whether international standards can suspend or reverse Russia's culturally homogenising tendencies since the 2000s; 3) Exclusion, investigating to what extent, if at all, international standards may modify the dynamics of majority-minority relations by facilitating the introduction of a form of participation that is effective, in the area of decision- and policy-making on minorities' cultural rights. The thesis concludes that the role of international standards in the area of minorities' cultural rights is restricted in scope in Russia. Two sets of reasons are identified. First, specific features of Russian politics and society: (i) Russia's selective implementation of international law; (ii) the alternation of localism and centralism; (iii) Russia's homogenising centralisation and 'managed diversity'; (iv) the absence of guarantees for the upholding of minorities' participatory rights, resulting in fictitious forms of participation. The second set of reasons relate to the complexities and weaknesses of international standards on minority rights themselves.

Purpose: The aim of the paper is to establish whether in the light of international standards holding elections during the COVID-19 pandemic at a time resulting from constitutional regulations should be treated as an absolute instrument of protection of democracy and of personal political rights, or should such a circumstance be considered as an extraordinary premise that allows changing the date of the elections. Design/Methodology/Approach: The research was based on the method of interpretation of norms of applicable law and the comparative method was used as subsidiary. In the first part standards of human rights protection and standards of organization of elections resulting from acts constituted by the UN and the Council of Europe are analysed. The second part analyses decisions of selected countries in which election-related activity fell for the period of the COVID-19 pandemic. Findings: Research results have confirmed a thesis according to which in an extraordinary situation, where it is necessary to choose between the value in the form of human life and health and the implementation of political rights, priority should be given to the former. Practical Implications: The research presented in this paper is of a particularly significant dimension. On the one hand, it points to the absence of real preparedness of national legal orders for extraordinary situations which threaten not only the operation of states as organizations, but also human life. Secondly, they point out how states may handle such situations in the absence of solutions at the constitutional or statute level. This issue is so significant because situations similar to the COVID-19 pandemic may occur also in the future. The experience to-date may thus become a sui generis determinant for activity in the future and provide an impulse to amend regulations. Originality/Value: According to the authors the pandemic, as a state in which public life and health becomes threatened requires competent public authorities to take specific organizational and legal measures, sometimes also in reference to fundamental principles of the functioning of the state and the entire administrating apparatus. ; peer-reviewed

This work is to study the confrontation between two distinct legal systems relating to marriage and its effects. It is the receipt of the Moroccan family law which is of religious essence by the legal order french through its international law private, a legal secular. The first part of this book is devoted to understanding Moroccan marriage and its effects which is indispensable for the reception of foreign institutions by the french legal order. Achieve this, to understand the evolution of the marital institution since the creation of the first Code of the Moroccan family, until the reform of the latter in 2004. Ithighlights the assimilation by the Moroccan legislator of the marriage and its effects in a modern family Code while keeping its religious essence. This indispensable approach leads to understand the scope of the reform of the Moroccan wedding of 2004 and the difficulty that knows its application.Understanding its limits allows to capture the design of the concept of family in the Morocco of today.The second part is devoted to this concept through the Moroccan wedding reception and its effects byfrench private international law. The study of the application of the rules of private international law shows the difficulty that Moroccan law applicable on french territory despite the existence of the Franco-Moroccan agreement of 10 August 1981. Moroccan law is, despite its jurisdiction, either before a difficult qualification of its unknown institutions of the french legal system and in this case, it is denatured. It is against the intervention of the mechanism of the public order exception as its institutions and its rules are considered offensive the fundamental principles of the Forum and consequently, he was waived. By analyzing the methodology of french private international law, a certain relativism arises in the application of its provisions that shipments to wonder about the limits of respect for the fundamental values of the Forum. A relativism that struggles between pursuing the goal of private ...

OBJECTIVE: In Peru, the past three decades have witnessed impressive growth in biomedical research catalyzed from a single research university and its investigators who secured international partnerships and funding. We conducted a bibliometric analysis of publications by Peruvian authors to understand the roots of this growth and the spread of research networks within the country. METHODS: For 1997–2016, publications from Web of Science with at least one author affiliated with a Peruvian institution were examined by year, author affiliations, funding agencies, co-authorship linkages, and research topics. RESULTS: From 1997–2016, the annual number of publications from Peru increased 9-fold from 75 to 672 totaling 6032. Of these, 56% of the articles had co-authors from the US, 13% from the UK, 12% from Brazil, and 10% from Spain. Universidad Peruana Cayetano Heredia (UPCH) was clearly the lead research institution noted on one-third of publications. Of the 20 most published authors, 15 were Peruvians, 14 trained at some point at UPCH, and 13 received advanced training abroad. Plotting co-authorships documented the growth of institutional collaborations, the robust links between investigators and some lineages of mentorship. CONCLUSIONS: This analysis suggests that international training of Peruvian physician-scientists who built and sustained longstanding international partnerships with funding accelerated quality research on diseases of local importance. The role of a single research university, UPCH, was critical to advance a culture of biomedical research. Increased funding from the Peruvian Government and its Council for Science, Technology and Innovation will be needed to sustain this growth in the future. Middle-income countries might consider the Peruvian experience where long-term research and training partnerships yielded impressive advances to address key health priorities of the country.