Suchergebnisse

In this paper, the treatment of self-regulatory and other private bodies for the purposes of English public law is reviewed. Starting with the expansion of the scope of judicial review of administrative action in Datafin, the question is explored alongside other key aspects of public law, with an argument being advanced that there are in fact multiple definitions of public authorities and public function currently used for a range of purposes. Datafin is compared with the case law under section 6 of the Human Rights Act, including YL. Particular attention is paid to the less familiar areas of the law where specific statutes require public authorities to carry out duties, uch as legislation pertaining to freedom of information and equality rights. It is argued that, while the definitions and lists used in the case of these statutes draw upon the experiences of the courts in applying Datafin and section 6, there are significant gaps in accountability and scrutiny that should be addressed. Finally, the question of new forms of self- and co-regulation in relation to new media are summarised, and it is concluded that further clarity on the scope of public law, including statutory schemes, is required, and that actions taken thus far in Parliament have not addressed this problem in an adequate fashion

5 Responsibility to Protect and Militarized Humanitarian Intervention: Tests and ChallengesVatican and WCC statements on RtoP; On the identity of the authority that can approve intervention; RtoP and the protection of human rights; RtoP and limiting the use of force; On the restraint of others from sin; Realism and mixed motives; Five tests; Seriousness of risk; Right intention; Last resort; Proportional means; Balance of consequences; Conclusions; 6 Nation-States, Borders and Love of Neighbour: Impartiality and the Ordo Amoris; A world without borders?; Reasons for caution.

The purpose of this article is to point out to the common legal solutions and differences that exist in the legislation regarding the use of natural law in private security in the country and comparatively in the region. The work will conceive the best legal solutions and practices regarding the extent of the limitations of self-defense of the right to life, physical integrity, privacy and private property by private security. Comparative analysis of legal acts relating to the application of natural law in private security in the country and the region has been applied, referring to the European and American legal practices and experiences accordingly. In order to consider the weaknesses and point out the good solutions, an analysis of several cases of improper use of natural law in private security in the country will also be made. The findings may be limited in application due to differences in the regulation of this issue considering different countries. The implementation of the research results primarily relates to the improvement of legal solutions and practices regarding the use of natural law in private security in the Republic of Macedonia. Key words: natural law, private security, the right to life, restriction of the right of self-defense and the right to life, privacy, Republic of Macedonia

This article focuses on the impact of globalization on international law and the discourse of sovereignty. It challenges the claim that we have entered into a new world order characterized by transnational governance and decentered global law, which have replaced "traditional" international law and rendered the concepts of state sovereignty and international society anachronistic. We are indeed in the presence of something new. But if we drop the concept of sovereignty and buy into the idea that transnational governance has upstaged international treaty organizations, we will misconstrue the nature of contemporary international society and the political choices facing us. In the contemporary context where there is a powerful imperial project afoot (on the part of the United States) that seeks to develop a useful version of global (cosmopolitan) right to justify its self-interested interventions, proposals to abandon the default position of sovereignty and its corollary, the principle of nonintervention in international law, are both premature and dangerous. Instead, we should rethink the normative dimensions of the concept of sovereignty in light of the new principle of sovereign equality articulated in the UN Charter, and show how it can complement cosmopolitan principles such as human rights and collective security. The task is to strengthen, not abandon, international law and supranational institutions, and to foster a global rule of law that protects both the sovereign equality of states, based on a revised conception of sovereignty, and human rights.

This Paper suggests that the answer to the question "what is domestic labor law for?"—commonly regarded as securing "justice against markets" or a justified tax on market activity—has informed the search for the answer for the question "what is international labor law for." This is reflected in what this Paper refers to as P2, which provides that "the failure of any country to adopt humane conditions of labor is an obstacle in the way of other nations which desire to improve the conditions in their own countries." P2 envisions a "race to the bottom" by rational states trapped in a Prisoner's Dilemma game. The author maintains that this cannot be the objective of ILO which cannot stop "the race" given its deficient enforcement mechanisms to ensure compliance. This Paper suggests an alternative raison d'etre for the ILO, which is called P1, namely social justice: "universal peace can only be established if it is based upon social justice." P1 reflects what states actually seek to achieve. Following Sen, this Paper suggests that there is no tradeoff between social justice and economic efficiency. Therefore the promotion of labor rights by the ILO will contribute both to social justice and to economic success. Thus the ILO should promote international labor law so as to lead member states to pursue their self-interest which is consistent with the collective goal of humanity.

Theoretically embedded in studies on militant democracy, the study offers a comparative analysis of the use of self-defense mechanisms of democracy during the Coronavirus Crisis in Estonia, Lithuania, and Latvia. The research aims to identify what anti-democratic measures were adopted to influence the sovereignty of the political nations and which served to either strengthen, maintain or undermine that sovereignty. Although neo-militant democracy goals prevailed in the Baltic states' pre-pandemic political and legal structures, the pandemic-induced measures resulted in variation. In Estonia, the restrictions put the sovereignty of the political nation in jeopardy. Simultaneously, in Lithuania and Latvia, the sovereignty of the political nations remained unthreatened. In Estonia, the electoral successes and increase in support for the extreme-right political party Conservative People's Party of Estonia turned conducive to the movement from neo- towards quasi-militant democracy. In Lithuania and Latvia, the extreme groupings did not receive comparable support and could not initiate an anti-democratic turn. ; Theoretically embedded in studies on militant democracy, the study offers a comparative analysis of the use of self-defense mechanisms of democracy during the Coronavirus Crisis in Estonia, Lithuania, and Latvia. The research aims to identify what anti-democratic measures were adopted to influence the sovereignty of the political nations and which served to either strengthen, maintain or undermine that sovereignty. Although neo-militant democracy goals prevailed in the Baltic states' pre-pandemic political and legal structures, the pandemic-induced measures resulted in variation. In Estonia, the restrictions put the sovereignty of the political nation in jeopardy. Simultaneously, in Lithuania and Latvia, the sovereignty of the political nations remained unthreatened. In Estonia, the electoral successes and increase in support for the extreme-right political party Conservative People's Party of Estonia turned conducive to the movement from neo- towards quasi-militant democracy. In Lithuania and Latvia, the extreme groupings did not receive comparable support and could not initiate an anti-democratic turn.