On aggression, on international criminal law, on international criminal jurisdiction1–I
In: Netherlands international law review: NILR ; international law - conflict of laws, Band 2, Heft 2, S. 167
ISSN: 1741-6191
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In: Netherlands international law review: NILR ; international law - conflict of laws, Band 2, Heft 2, S. 167
ISSN: 1741-6191
In: The international library of critical writings in financial economics 81
In: Journal of Legal Education, 2014, Forthcoming
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Tourism is one sector with a fairly high development potential, even the tourism sector makes a large contribution to GDP and GRDP. According to the Law of the Republic of Indonesia Number 10 of 2009 concerning Tourism and the Regulation of the Minister of Home Affairs Number 33 of 2009 concerning Guidelines for Ecotourism Development in the Regions, it is stated the importance of community participation in tourism development. Based on this, this study aims to; 1). Studying the political direction of tourism law in Indonesia, 2). Mapping the internal and external environment for Community Base Tourism (CBT) development, and 3). Develop speculative hypotheses related to the CBT development strategy. The sources of the study are secondary data originating from books and publications related to Tourism Law Politics and CBT Development. Strategic Management matrix; EFAS/IFAS and Garnd Matrix used in this study. Hope that the results of the study become a influence for next research related to the development of CBT in the perspective of Political Law.
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In: Law and philosophy library volume 122
This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity
In: Cuestiones Políticas; Conflictividad política, pandemia de COVID-19 y nuevos paradigmasConflictividad política, pandemia de COVID-19 y nuevos paradigmas, Band 38, Heft Especial II
ISSN: 2542-3185
The purpose of the article is to study those conceived of the use of the mediation institution in the criminal proceedings of European countries to implement positive experience in Ukrainian law. The theme of the study is the institution of mediation in criminal proceedings. The following scientific methods were used in the research: dialectical, formal and logical, and legal, system and functional, comparative and legal, legal and other modeled methods. We study the concetorities of the regulation and legal of mediation in criminal proceedings in Ukraine, as well as the practice of its implementation, which is more than modest with other European states. Therefore, we draw on the experience of countries such as Germany, Poland, and the United Kingdom. It is concluded that, given the successful functioning of the mediation institution in most countries, we propose to emulate this positive practice and a separate law "On Mediation" in Ukraine. It is established that the main right for the legislative registration of mediation in Ukraine is the lack of information on the existence of such a way of resolving a criminal case.
In: Max Planck yearbook of United Nations law, Band 25, Heft 1, S. 416-456
ISSN: 1875-7413
This article examines the interpretation of the definition of slavery/ enslavement by the International Criminal Court (ICC) in the Ongwen case (2021) and its application to the facts of the case at hand. This examination is warranted because Ongwen represents the first case in which the ICC was tasked with deciding whether the crime of enslavement had been committed. This article illustrates that the ICC has been outward-looking, finding that judgments of other courts largely featured in the reasoning of the ICC when interpreting slavery. The detailed study in this article further reveals that, either directly or indirectly, the ICC more specifically drew on the judgment of the International Criminal Tribunal for the Former Yugoslavia (ICTY) in the Kunarac case. The article shows that, in doing so, the ICC reconciled legal borders by incorporating in its decision elements of general international law, international human rights law, and international humanitarian law instruments to inform its understanding of slavery/enslavement. The article highlights that the ICC contributed to norm consolidation globally.
In: Cuestiones Políticas, Band 39, Heft 68, S. 620-649
ISSN: 2542-3185
The article conducts a comparative criminal law investigation to ensure freedom of religion in Ukraine and some countries. The subject of the study is a person's right to freedom of religion guaranteed by the Ukrainian Constitution. In conducting this research, a comparative legal method was widely used, which allowed a two-tier analysis (empirical and theoretical) of the legal systems of Ukraine and some foreign countries in terms of ensuring freedom of religion under criminal law, to identify the originals and specific manifestations of such support, to determine the patterns of development of each country's criminal law. As a result of the investigation, some gaps and advantages of Ukrainian law were identified in terms of criminal law guaranteeing the right to freedom of religion. Itstates that Ukraine's modern criminal law generally complies with international standards for the protection of citizens' constitutional right to freedom of religion, but there are some shortcomings in terms of unequivocal understanding of the elements of crimes that violate freedom of religion, which are worth discussing.
In: Strategic survey, Band 100, Heft 1, S. 29-38
ISSN: 1476-4997
Erscheinungsjahre: 1995-2016 (elektronisch)
In: The round table: the Commonwealth journal of international affairs, Band 37, Heft 145, S. 22-28
ISSN: 1474-029X
In: Proceedings of the American Political Science Association at its ... annual meeting, Band 4, S. 285
In: Journal of Central European affairs, Band 12, S. 215-235
ISSN: 0885-2472
Colombia does not have a structured and defined Criminal Policy; on the contrary, the only thing that is found with respect to this theme are varied statements of the Constitutional Court, which make it possible to clarify that all those materialized measures, especially in penal, penal process, and prison legislation; such as categorization of crimes, behavior modification, increase of penalties, among others; are Criminal Policy. Now then, the objective of this article is to convey the legal insecurity which involves subjecting the Principle of Opportunity to a State Criminal Policy which does not enjoy solid bases, even more so when the application of this Principle involves broad legalconsequences. We make it clear that this article is part of a dissertation thesis titled "Principle of Opportunity in Colombian Criminal Law" as a requirement to qualify for a law degree ; Colombia no posee una politica criminal estructurada y definida; por el contrario lo unicoque se encuentra con respecto al tema son variadas manifestaciones de la Corte Constitucional,que permiten dilucidar que todas aquellas medidas, materializadas especialmenteen la legislación penal, procesal penal y carcelaria, tales como tipificación de delitos, modificaciónde conductas, aumento de penas, entre otros, son política criminal. Ahora bien,el objetivo del presente artículo es dar a conocer la inseguridad jurídica que implica sujetarel principio de oportunidad a una política criminal del Estado que no goza de bases sólidas,?mas cuando la aplicacion de este principio envuelve amplias consecuencias juridicas.Hacemos claridad en que el presente artículo forma parte del trabajo de grado para optaral título de abogadas "Principio de Oportunidad en la Legislación Penal Colombiana".
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In: The Oxford Handbook of European Union Law