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In higher educational institutions and their structural divisions, there is student self-government, which is an integral part of the public self-government of the respective educational institutions. Student self-government allows students to be a direct participant management of a higher educational institution and solve issues of education and life, protection of the rights and interests of students. Student self-government unites all students and ensures the protection of the rights and interests of students and their participation in the management of a higher educational institution. Main part. In their activities, student bodies self-governments are guided by the legislation, the charter of the university and the regulation on student self-government of the university. Student self-government bodies operate on the principles of: voluntariness, collegiality, openness; 2) election and accountability of student self-government bodies; 3) equality of the right of students (cadets) to participate in student government; 4) independence from the influence of political parties and religious organizations (to Roma higher spiritual educational institutions). Student government starts at the student group level,flow, course, hostel, at the level of all departments where student life is seething. Student bodies self-government may have different forms (parliament, senate, starost, student administration, student deans, student councils, etc.). The experience of European colleagues and the construction of a European student community are interesting. self-government. Findings. Student self-government is based on the principles of equal rights for students, open election. And these principles are the same for all institutions of higher education. But interesting experience foreign universities, which must be studied and implemented partially within the walls of our university. ; Dans les établissements d'enseignement supérieur et leurs divisions structurelles, il existe l'autonomie étudiante, qui fait partie intégrante ...

India was the third country in the world to enact into law a constitutional commitment to the right to food, following Brazil and South Africa. The 2013 National Food Security Act (NFSA) was the latest in a long line of post-Independence food policies aimed at tackling hunger. This paper explores the range of discourses among NFSA policy-makers, their views and disagreements, from drafting to the final Act. The research used mixed methods. Elite semi-structured interviews were conducted with 32 individuals who were either directly involved in NFSA formulation or food security specialist observers. Policy documents covering the period from before the Act and during the Act's passage were critically analysed. Significant intra-governmental disagreements were apparent between two broad positions. A 'pro-rights' position sought to formulate a law that was as comprehensive and rights-based as possible, while a 'pro-economy' policy position saw the NFSA as a waste of money, resources and time, although recognising the political benefits of a food security law. These disagreements were consistent throughout the formulation of the NFSA, and in turn cast the Act as a product of compromise. Although there was broad consensus for a food security act, there was surprisingly little agreement exactly how that Act should look, what it should contain, and whom it should target. There was little consensus even on the right to food approach itself. The article contributes to the understanding of policy formulation in India specifically, and in developing countries in general, as well as to lend credence to the suitability of policy analysis to developing nations, otherwise normally grounded in Western traditions. The paper highlights a lack of cross-government cooperation in policy formulation, with the continued pressure of a short-term economic rationale undermining the policy goal of lessening hunger, despite some success.

India was the third country in the world to enact into law a constitutional commitment to the right to food, following Brazil and South Africa. The 2013 National Food Security Act (NFSA) was the latest in a long line of post-Independence food policies aimed at tackling hunger. This paper explores the range of discourses among NFSA policy-makers, their views and disagreements, from drafting to the final Act. The research used mixed methods. Elite semi-structured interviews were conducted with 32 individuals who were either directly involved in NFSA formulation or food security specialist observers. Policy documents covering the period from before the Act and during the Act's passage were critically analysed. Significant intra-governmental disagreements were apparent between two broad positions. A 'pro-rights' position sought to formulate a law that was as comprehensive and rights-based as possible, while a 'pro-economy' policy position saw the NFSA as a waste of money, resources and time, although recognising the political benefits of a food security law. These disagreements were consistent throughout the formulation of the NFSA, and in turn cast the Act as a product of compromise. Although there was broad consensus for a food security act, there was surprisingly little agreement exactly how that Act should look, what it should contain, and whom it should target. There was little consensus even on the right to food approach itself. The article contributes to the understanding of policy formulation in India specifically, and in developing countries in general, as well as to lend credence to the suitability of policy analysis to developing nations, otherwise normally grounded in Western traditions. The paper highlights a lack of cross-government cooperation in policy formulation, with the continued pressure of a short-term economic rationale undermining the policy goal of lessening hunger, despite some success.

Motivation: The functioning of the audiovisual sector strongly depends on the use of copyrights and related rights. Problems with their clearing could harm the functioning of companies and might even lead to strong financial problems. The distribution of copyright-protected audiovisual works requires the licensing of rights by different rightsholders. Some of them are represented by Copyright Management Organizations (CMOs), which allow users to clear rights for many works without individual negotiations. Fees paid to CMOs for copyright-protected content constitute a significant part of operating costs for companies like TV stations, cable operators, VoD (Video on Demand) platforms. In case of intellectual properties for audiovisual works, CMOs make the valuation. They have been facing legal challenges due to subjective valuations as a result of being monopolies in the local market of the represented country and lack of transparency. Aim: This work explores the transparency of 21 CMOs in 4 EU countries due to their expected to be an integrated market status as the result of political and economic amalgamation. In addition to the adoption of The European Union Directive on collective management of copyright and multi-territorial licensing of rights, as part of the EU's Digital Single Market project, this exploratory research, with comparative analysis of CMOs using the linear ordering methods, explains the necessity of an epagogic approach to creating correct institutions besides directives and laws, such as central observation, an ombudsman for conflict management, or an official body to employ these features in one structure to actively govern the market. Results: The conducted analysis allowed us to reflect on the importance of transparency and taxonomic mapping of the audiovisual market landscape will be the guideline to flatten the copyright valuation divergence in the EU and eventually will pave the way for fewer disputes and more innovations.

L'articolo analizza la sentenza n. 48 del 2021 della Corte costituzionale con particolare riguardo a tre dei numerosi profili affrontati: in primis, l'affermazione del carattere inviolabile e fondamentale del diritto di elettorato passivo e del connesso diritto alla tutela giurisdizionale; in secondo luogo, la constatazione dell'esistenza di un vuoto di tutela giurisdizionale riguardo al contenzioso c.d. pre-elettorale nelle consultazioni politiche e la formulazione di un monito al legislatore affinchè intervenga per colmarlo; in terzo ed ultimo luogo, l'estensione al diritto di elettorato passivo del modello di tutela prefigurato dalle sentenze n. 1 del 2014 e n. 35 del 2017 riguardo all'elettorato attivo e fondato sull'azione di accertamento dinanzi al giudice ordinario. Conclusivamente, si esaminano le possibili ricadute degli obiter dicta contenuti nella sentenza rispetto alla vexata quaestio della tutela giurisdizionale effettiva e tempestiva nel contenzioso pre-elettorale e le questioni ancora aperte al riguardo. This article analyzes judgment n. 48 of 2021 of the Constitutional Court with special regard to three of the numerous issues which have been dealt: firstly, the affirmation of the inviolable and fundamental nature of the right to stand for election and of the related right to judicial protection; secondly, the finding of the existence of a lack of judicial protection with regard to the pre-electoral litigation in political consultations and resulting in a warning to the legislator to intervene in the matter; thirdly and lastly, the extension to the right to stand for election of the model of protection disciplined by the judgments n. 1 of 2014 and n. 35 of 2017 with regard to the right to vote and based on the action of assessment before the ordinary court. Finally, the article examines the possible repercussions of the obiter dicta contained in the judgment with respect to the vexata quaestio of the effective and timely judicial protection in the pre-electoral litigation and the outstanding questions in this regard.

Motivation: The functioning of the audiovisual sector strongly depends on the use of copyrights and related rights. Problems with their clearing could harm the functioning of companies and might even lead to strong financial problems. The distribution of copyright-protected audiovisual works requires the licensing of rights by different rightsholders. Some of them are represented by Copyright Management Organizations (CMOs), which allow users to clear rights for many works without individual negotiations. Fees paid to CMOs for copyright-protected content constitute a significant part of operating costs for companies like TV stations, cable operators, VoD (Video on Demand) platforms. In case of intellectual properties for audiovisual works, CMOs make the valuation. They have been facing legal challenges due to subjective valuations as a result of being monopolies in the local market of the represented country and lack of transparency. Aim: This work explores the transparency of 21 CMOs in 4 EU countries due to their expected to be an integrated market status as the result of political and economic amalgamation. In addition to the adoption of The European Union Directive on collective management of copyright and multi-territorial licensing of rights, as part of the EU's Digital Single Market project, this exploratory research, with comparative analysis of CMOs using the linear ordering methods, explains the necessity of an epagogic approach to creating correct institutions besides directives and laws, such as central observation, an ombudsman for conflict management, or an official body to employ these features in one structure to actively govern the market. Results: The conducted analysis allowed us to reflect on the importance of transparency and taxonomic mapping of the audiovisual market landscape will be the guideline to flatten the copyright valuation divergence in the EU and eventually will pave the way for fewer disputes and more innovations.

The highly contagious COVID-19 virus has presented particularly difficult public policy challenges. The relatively late emergence of an effective treatments and vaccines, the structural stresses on health care systems, the lockdowns and the economic dislocations, the evident structural inequalities in effected societies, as well as the difficulty of prevention have tested social and political cohesion. Moreover, the intrusive nature of many prophylactic measures have led to individual liberty and human rights concerns. As noted by the Victorian (Australia) Ombudsman Report on the COVID-19 lockdown in Melbourne,we may be tempted, during a crisis, to view human rights as expendable in the pursuit of saving human lives. This thinking can lead to dangerous territory. It is not unlawful to curtail fundamental rights and freedoms when there are compelling reasons for doing so; human rights are inherently and inseparably a consideration of human lives. (5)These difficulties have raised issues about the importance of social or community capital in fighting the pandemic. This article discusses the impacts of social and community capital and other factors on the governmental efforts to combat the spread of infectious disease through the maintenance of social distancing and household 'bubbles'. It argues that the beneficial effects of social and community capital towards fighting the pandemic, such as mutual respect and empathy, which underpins such public health measures as social distancing, the use of personal protective equipment, and lockdowns in the USA, have been undermined as preventive measures because they have been transmogrified to become a salient aspect of the "culture wars" (Peters). In contrast, states that have relatively lower social capital such a China have been able to more effectively arrest transmission of the disease because the government was been able to generate and personify a nationalist response to the virus and thus generate a more robust social consensus regarding the efforts to combat the ...

Abstract:This article tries to understand the Omnibus Law on Job Creation and its relation to the Sustainable Development Goals/ SDGs as an aspect of the protection of human rights as the responsibility of the state. The research approach is a normative legal research using a hermeneutical circle analysis. The main object (material object) is the norms in UUCK and related statutes which have been amended, added, or substituted by the Law on Job Creation. The norms studied are stated in the articles of the Law on Job Creation, especially norms that deal with environment and sustainable development. Hermeneutical analysis, from the linguistic and phenomenological point of view, isused in order to find the meaning of law from the linguistic and historical point of view, and the nature of the State as the protector of citizens' human right. The findings are divided into 3 points. First, in terms of the process, this law is a tactical and political response from decision makers to complex and dynamic situations that can in fact lead to complicated derivative problems if the responses are not based on a framework based on the principles and basic values of the state. Dealing with the growth agenda in SDGs, the Law on Job Creation still calls into question whether the Law enshrines the easiness of business and full employment and decent work as human rights obligations of the state, or merely as benefits of economic growth. So it still presents both opportunities for human rights monitoring and accountability. Keywords: Omnibus Law, Job Creation, Sustainable Development Goals Abstrak:Tulisan ini mencoba untuk memahami Omnibus Law Cipta Kerja dalam kaitannya dengan Tujuan Pembangunan Berkelanjutan (Sustainable Goals/SDGs) sebagai suatu aspek dari perlindungan HAM yang merupakan tanggung jawab negara. Penelitian dilakukan dengan menggunakan pendekatan penelitian ilmu hukum normatif menggunakan analisa lingkar hermeneutika. Obyek utamanya adalah norma dalam Undang-undang Cipta Kerja dan peraturan perundang-undangan ...

The essence of inclusive rural development (IRD) is revealed as a process of improving the quality of life in rural areas, in which everyone has the opportunity to realize their rights and potential in three interrelated areas - economic, social, and political. It is noted that a necessary condition for the IRD in the economic sphere is agricultural growth, the central link of which should be a peasant. At the same time, the social dimension of economic growth and mastering by rural residents the powers and opportunities to participate in decision-making processes are mandatory. Promoting inclusive rural development is the mission and the task of the state. It should focus on peasants, protecting their rights, and ensuring their participation in local development. An important step towards fulfilling this mission is the development and adoption of the Concept of Inclusive Rural Development and its further implementation. The purpose, tasks, driving forces, directions, and mechanisms of the transition of the rural sector of Ukraine to development on the basis of inclusiveness are formulated. The purpose of this process is to provide all rural residents, regardless of their social and financial status, location of their settlement, etc., conditions for the implementation of basic human rights, guaranteeing opportunities and ability to use land and other local resources, use quality public amenities in the long run. The main tasks are: strengthening the involvement of the rural population in the processes of economic growth in rural areas, improving the quality of human and social capital of the village, formation effective mechanisms for involving rural residents in the policy-making process. Among the driving forces is the orientation of the agricultural land market turnover to respect the right of rural residents to decent livelihoods at the place of residence; directing the development of infrastructure to improve the living conditions of residents of rural periphery; formation of effective rural institutions, etc.

We are pleased to present the International Journal of Digital Law to the professional and academic community. We seek to create a new scientific journal, with the intention of filling a gap that still exists in dealing with the topic, both at the local and global levels. The International Journal of Digital Law consists of an open-access electronic scientific journal and published every four months by NUPED – Center for Research in Public Policies and Human Development of the Postgraduate Law Program at the Pontifical Catholic University of Paraná – an affiliated research group to REDAS – Research Network in Welfare State Administrative Law. The Editorial Board is composed of renowned professors linked to higher education institutions in Brazil, Argentina, Australia, Colombia, Spain, Egypt, France, and India. The journal's focus is the critical study of the legal-political institutions typical of the rule of law, notably those aimed at innovation and human development through the digital revolution. We are grateful for the frank availability of the professors who agreed to compose both the Editorial Board and the Special Peer Review Bord. NUPED is part of the PPGD/PUCPR Concentration area entitled "Economic Law and Development". In turn, the area brings together two important lines of research: 1. State, Economy and Development and 2. Social Rights, Globalization and Development. The magazine will highlight this theoretical framework. However, transversely to the theme of economics, development, globalization and social rights, the keywords that best define the scope of the magazine involve dealing with topics such as access to information, Big data, Blockchain, Smart Cities, Smart contracts, Crowdsourcing, Cybercrimes, Digital democracy, Right to privacy, Fundamental rights, E-business, Digital economy, Digital education, Administrative efficiency, E-Government, Fake News, Gig economy, Globalization, Digital inclusion, Infrastructure, Innovation, Artificial intelligence, Public interest, Internet, Internet of ...

Este año se cumplen 25 años desde que el Perú ratificó el Convenio No. 169 de la Organización Internacional del Trabajo (OIT), sobre los Derechos de los Pueblos Indígenas y Tribales. Este Convenio tuvo por objetivo, entre otros, el reconocer derechos fundamentales a los pueblos indígenas vinculados con su participación en la vida política de un determinado país. Considerando lo anterior, la polémica sobre la aplicación del procedimiento de consulta previa para proyectos de inversión ha tomado una especial relevancia respecto a su análisis y desarrollo tanto a nivel doctrinal como jurisprudencial. En este contexto, el presente artículo buscará brevemente desarrollar las características del derecho a la consulta y su aplicación en la actualidad. Ello con el objetivo de extrapolar esta aplicación al sector eléctrico, diferenciando los casos en los que se ha ejecutado esta consulta y cuáles no, permitiendo así cuanto menos determinar los aspectos a mejorar y profundizar para la aplicación efectiva y eficiente de este derecho. ; This year marks 25 years since Peru ratified International Labour Organization (ILO) Convention No. 169 on the Rights of Indigenous and Tribal Peoples. The objective of this Convention was, inter alia, to recognize the fundamental rights of indigenous peoples linked to their participation in the political life of a given country. In view of the foregoing, the controversy over the application of the prior consultation procedure for investment projects has taken on special relevance with regard to its analysis and development at both the doctrinal and jurisprudential levels. In this context, this article will briefly seek to develop the characteristics of the right to consultation and its current application. The objective is to extrapolate this application to the electricity sector, differentiating the cases in which this consultation has been carried out and which have not, thus allowing us to determine at least the aspects to be improved and deepened for the effective and efficient application of this right.

This year marks 25 years since Peru ratified International Labour Organization (ILO) Convention No. 169 on the Rights of Indigenous and Tribal Peoples. The objective of this Convention was, inter alia, to recognize the fundamental rights of indigenous peoples linked to their participation in the political life of a given country. In view of the foregoing, the controversy over the application of the prior consultation procedure for investment projects has taken on special relevance with regard to its analysis and development at both the doctrinal and jurisprudential levels. In this context, this article will briefly seek to develop the characteristics of the right to consultation and its current application. The objective is to extrapolate this application to the electricity sector, differentiating the cases in which this consultation has been carried out and which have not, thus allowing us to determine at least the aspects to be improved and deepened for the effective and efficient application of this right. ; Este año se cumplen 25 años desde que el Perú ratificó el Convenio No. 169 de la Organización Internacional del Trabajo (OIT), sobre los Derechos de los Pueblos Indígenas y Tribales. Este Convenio tuvo por objetivo, entre otros, el reconocer derechos fundamentales a los pueblos indígenas vinculados con su participación en la vida política de un determinado país. Considerando lo anterior, la polémica sobre la aplicación del procedimiento de consulta previa para proyectos de inversión ha tomado una especial relevancia respecto a su análisis y desarrollo tanto a nivel doctrinal como jurisprudencial. En este contexto, el presente artículo buscará brevemente desarrollar las características del derecho a la consulta y su aplicación en la actualidad. Ello con el objetivo de extrapolar esta aplicación al sector eléctrico, diferenciando los casos en los que se ha ejecutado esta consulta y cuáles no, permitiendo así cuanto menos determinar los aspectos a mejorar y profundizar para la aplicación efectiva y eficiente de este derecho.

According to the World Health Organisation's (WHO) official website for coronavirus, the disease has spread to approximately 214 countries and regions. While the disease is spreading mercilessly around the world, science and technology are giving it an equal fight. The pandemic is a test of governments' medical capacity and their political will; it also raises several philosophical questions. It is a test of humans as a unit. A test of humanity as a whole. Artificial Intelligence (AI) is intended to imitate human cognitive functions. It will bring significant change to health care, driven by the growing accessibility of healthcare data and rapid advancement of analytics practices. During the current COVID-19 pandemic, AI is being used to assist and advise doctors in establishing a diagnosis, to support radiologists in refining image explanation, and help in the advancement of drug discovery research. The upsurge of new technologies gives rise to new questions. There is still considerable uncertainty in the field of Intellectual Property (IP) protection of AI-generated works. AI does not have legal personhood, so the question remains about whether it holds any IP rights. In this article, we discuss the IP rights of AI-generated works with respect to the COVID-19 pandemic. The objective of this study is to determine the impact of international and national laws and treaties on IP rights for AI-generated solutions to the pandemic, as well as to study an alternative temporary mechanism to make IP widely available to mobilise resources and manufacture critical products to prevent, diagnose or treat COVID-19. The paper attempts to strike a balance between the needs of health care, life-threatening emergencies and IP rights by applying a utilitarian theory of IP law that denotes the «utility» of all people, aiming to secure «the greatest good for the greatest number».

International audience ; This book is an analysis of the national reality in Spain, regarding the management and conservation of marine protected areas in the Mediterranean Sea, between the relation to international law and the guarantee of human rights. The work emphasizes the importance of protection and improving the state of the natural and cultural heritage of the Mediterranean Sea, in particular by establishing specially protected areas and also by protecting endangered species; to the respect of human rights, (through the right of every person to live in a healthy and pollution-free environment, which constitutes in itself a human right, exercisable and enforceable in all its areas), in a legal, social or political level, and at a national, communitarian or international level. Danilo Vicente García Cáceres is a Doctor of Juridical Sciences (DJS) from the University of Paris I Panthéon-Sorbonne, and post-Ph.D. researcher in the ERC European Program n ° 340770 - Human Sea, at the University of Nantes in France. Currently, he is a professor of Public International Law at the Central University of Ecuador; Lawyer and official of the Ethics Committee of the same University in Ecuador, and Juridical advisor of the Environmental Law and Management Corporation - ECOLEX. ; Este libro constituye un análisis de la realidad nacional española respecto de la gestión y conservación de las áreas marinas protegidas en el mar Mediterráneo, en relación con el Derecho internacional y la garantía de los derechos humanos. El trabajo hace hincapié en la importancia de proteger y mejorar el estado del patrimonio natural y cultural del mar Mediterráneo, en particular mediante el establecimiento de zonas especialmente protegidas y también mediante la protección de las especies amenazadas; como una base que permita articular el respeto y exigibilidad de los derechos humanos, a través del derecho de toda persona a vivir en un ambiente sano y libre de contaminación, lo cual constituye en sí mismo un derecho humano, ejercible y ...

International audience ; This book is an analysis of the national reality in Spain, regarding the management and conservation of marine protected areas in the Mediterranean Sea, between the relation to international law and the guarantee of human rights. The work emphasizes the importance of protection and improving the state of the natural and cultural heritage of the Mediterranean Sea, in particular by establishing specially protected areas and also by protecting endangered species; to the respect of human rights, (through the right of every person to live in a healthy and pollution-free environment, which constitutes in itself a human right, exercisable and enforceable in all its areas), in a legal, social or political level, and at a national, communitarian or international level. Danilo Vicente García Cáceres is a Doctor of Juridical Sciences (DJS) from the University of Paris I Panthéon-Sorbonne, and post-Ph.D. researcher in the ERC European Program n ° 340770 - Human Sea, at the University of Nantes in France. Currently, he is a professor of Public International Law at the Central University of Ecuador; Lawyer and official of the Ethics Committee of the same University in Ecuador, and Juridical advisor of the Environmental Law and Management Corporation - ECOLEX. ; Este libro constituye un análisis de la realidad nacional española respecto de la gestión y conservación de las áreas marinas protegidas en el mar Mediterráneo, en relación con el Derecho internacional y la garantía de los derechos humanos. El trabajo hace hincapié en la importancia de proteger y mejorar el estado del patrimonio natural y cultural del mar Mediterráneo, en particular mediante el establecimiento de zonas especialmente protegidas y también mediante la protección de las especies amenazadas; como una base que permita articular el respeto y exigibilidad de los derechos humanos, a través del derecho de toda persona a vivir en un ambiente sano y libre de contaminación, lo cual constituye en sí mismo un derecho humano, ejercible y ...