Suchergebnisse

This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South Africa, 1996 proclaims in section 39(1)(b) that in interpreting the Bill of Rights and any legislation a court or tribunal must consider international law. The United Nations Convention on the Rights of the Child (1989), the African Charter on the Rights and Welfare of the Child (1990) and the United Nations Guidelines on Justice for Child Victims and Witnesses to Crime (2005) do not make specific reference to child witnesses and how they should be treated. However, it is argued that the guiding principles enshrined therein provide for the protection of child witnesses, particularly the best interests of the child and the right to participate. In addition, the article enumerates and explains the rights of child witnesses as provided for in the UN Guidelines. International law will be discussed first, and then South African law, to establish if the international obligation to protect child witnesses is being adhered to.Keywords: Child witnesses; criminal proceedings; intermediary

This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South Africa, 1996 proclaims in section 39(1)(b) that in interpreting the Bill of Rights and any legislation a court or tribunal must consider international law. The United Nations Convention on the Rights of the Child (1989), the African Charter on the Rights and Welfare of the Child (1990) and the United Nations Guidelines on Justice for Child Victims and Witnesses to Crime (2005) do not make specific reference to child witnesses and how they should be treated. However, it is argued that the guiding principles enshrined therein provide for the protection of child witnesses, particularly the best interests of the child and the right to participate. In addition, the article enumerates and explains the rights of child witnesses as provided for in the UN Guidelines. International law will be discussed first, and then South African law, to establish if the international obligation to protect child witnesses is being adhered to.

This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South Africa, 1996 proclaims in section 39(1)(b) that in interpreting the Bill of Rights and any legislation a court or tribunal must consider international law. The United Nations Convention on the Rights of the Child (1989), the African Charter on the Rights and Welfare of the Child (1990) and the United Nations Guidelines on Justice for Child Victims and Witnesses to Crime (2005) do not make specific reference to child witnesses and how they should be treated. However, it is argued that the guiding principles enshrined therein provide for the protection of child witnesses, particularly the best interests of the child and the right to participate. In addition, the article enumerates and explains the rights of child witnesses as provided for in the UN Guidelines. International law will be discussed first, and then South African law, to establish if the international obligation to protect child witnesses is being adhered to.

This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South Africa, 1996 proclaims in section 39(1)(b) that in interpreting the Bill of Rights and any legislation a court or tribunal must consider international law. The United Nations Convention on the Rights of the Child (1989), the African Charter on the Rights and Welfare of the Child (1990) and the United Nations Guidelines on Justice for Child Victims and Witnesses to Crime (2005) do not make specific reference to child witnesses and how they should be treated. However, it is argued that the guiding principles enshrined therein provide for the protection of child witnesses, particularly the best interests of the child and the right to participate. In addition, the article enumerates and explains the rights of child witnesses as provided for in the UN Guidelines. International law will be discussed first, and then South African law, to establish if the international obligation to protect child witnesses is being adhered to.

The (sometimes fragile) balance between South Africa's constitutional obligations to protect and promote human rights in the international arena and the realities of political practice is the focus of this paper. The Constitution provides for solid dualist mechanisms and procedures for parliamentary oversight of the executive's conduct in the governance of international relations, including the conclusion of treaties. There is, however, a congenital constitutional flaw in the oversight instrumentation of the Constitution: the president is endowed with practically unfettered control over cabinet, and through the cabinet and the parliamentary caucus, he has indirect but firm control over parliament. Consequently, parliamentary oversight of international relations is severely challenged, effectively leaving it to the minority parties, civil society and the courts. This paper assesses the effectiveness of the protection of international human rights in South Africa by constitutional means. It begins by setting out the constitutional foundations that were designed to provide the desired protection and the place of international law in the South African legal order. This is followed by a description of the impact of political reality on the implementation of the constitutional oversight mechanisms. Due to the justiciability of government conduct under the Constitution, parliamentary oversight of executive conduct in the international sphere has largely taken the form of judicial review. In this, the courts have performed very well. This emerges from a concise overview of some key cases in which the courts developed sound principles and delivered strong judgments about the government's failures to maintain the required constitutional standards in its international relations. The cases show a sensitivity on the part of the courts to avoid judicial overreach, while taking up the responsibility to uphold constitutionalism. While the courts' stabilising interventions must be applauded, the executive tendency to flout its constitutional responsibilities remains a cause for concern.

The (sometimes fragile) balance between South Africa's constitutional obligations to protect and promote human rights in the international arena and the realities of political practice is the focus of this paper. The Constitution provides for solid dualist mechanisms and procedures for parliamentary oversight of the executive's conduct in the governance of international relations, including the conclusion of treaties. There is, however, a congenital constitutional flaw in the oversight instrumentation of the Constitution: the president is endowed with practically unfettered control over cabinet, and through the cabinet and the parliamentary caucus, he has indirect but firm control over parliament. Consequently, parliamentary oversight of international relations is severely challenged, effectively leaving it to the minority parties, civil society and the courts. This paper assesses the effectiveness of the protection of international human rights in South Africa by constitutional means. It begins by setting out the constitutional foundations that were designed to provide the desired protection and the place of international law in the South African legal order. This is followed by a description of the impact of political reality on the implementation of the constitutional oversight mechanisms. Due to the justiciability of government conduct under the Constitution, parliamentary oversight of executive conduct in the international sphere has largely taken the form of judicial review. In this, the courts have performed very well. This emerges from a concise overview of some key cases in which the courts developed sound principles and delivered strong judgments about the government's failures to maintain the required constitutional standards in its international relations. The cases show a sensitivity on the part of the courts to avoid judicial overreach, while taking up the responsibility to uphold constitutionalism. While the courts' stabilising interventions must be applauded, the executive tendency to flout its constitutional responsibilities remains a cause for concern.

Responsibility to Protect is yet another step in post war evolution of international response against genocide, war crimes, crimes against humanity and ethnic cleansing. Author analyses the concept of R2P through the lens of balancing national interests of the UN Member States (state security, human security, budgetary balance, independence) with international values (solidarity, human rights, peace, security). Author underlines that global responses and actions to prevent and end mass atrocities still lack comprehensive and unified approach. Due to diverse interests of each state, international community faces problems dealing with consequences of atrocities. Author believes that states as individual members of international community are bound to redefine their national interests from the perspective of international community's responsibility to protect populations from mass atrocities. Such redefinition should be facilitated by the UN through promotion of effective multilateral approach towards R2P implementation.

"Some of the material in this book had already appeared in the Political quarterly, the New republic, the Forum, the Annals of the American academy and elsewhere."--Pref. ; International anarchy.--Nationalism and sovereignty.--American foreign policy before 1914.--The background of the war.--America's reaction to the war.--The unity of English-speaking people.--Economic interdependence.--Community of policy.--Notes. ; Mode of access: Internet.

Bibliographical reference in "Notes" ; "Some of the material in this book had already appeared in the Political quarterly, the New Republic, the Forum, the Annals of the American academy, and elsewhere."--Pref. ; Mode of access: Internet.

In den letzten Jahren ist es in der internationalen Politik immer wieder zu Spannungen gekommen. Grob lassen sich dabei zwei gegensätzliche politische Strömungen ausmachen, die sich entweder auf die souveränen Rechte oder die Pflichten eines Staates innerhalb der Weltgemeinschaft beziehen. Die einen argumentieren, dass die Pflichten eines Staates nicht über den Punkt hinausgehen, der seine souveränen Rechte begrenzt, während die anderen auf die Pflichten, die die internationale Gemeinschaft durch Abkommen hat, verweisen. Die vorliegende Arbeit ist ein Versuch, sich diesen (scheinbar) diametral entgegengesetzten Konzepten zu nähern, da die Offshore-Flüchtlingszentren in Australien im Jahr 2015 immer wieder als mögliches Vorbild bezeichnet wurden. Es ist weithin bekannt, dass NGOs die Vorgänge in Australien immer wieder kritisieren. Das Thema wird durch die Untersuchung der folgenden Forschungsfragen behandelt:Wie und in welchem Ausmaß wird staatliche Souveränität durch Flüchtlingsgesetze sowie Menschenrechte eingeschränkt?Wie ist die australische "Turn back"-Politik im Licht der internationalen Flüchtlings- und Menschenrechtsgesetzgebung zu bewerten?Ein deskriptiver Teil in jedem Abschnitt der Arbeit erläutert Thesen, frühere Entwicklungen und andere Informationen, die die Analyse der rechtlichen Rahmenbedingungen kontextualisieren. Dazu gehören unter anderem Berichte von Menschenrechtsorganisationen. Im letzten Teil eines jeden Kapitels werden die Maßnahmen und Forderungen anhand des rechtlichen Rahmens des internationalen Rechts überprüft. Ziel der Arbeit ist es, den rechtlichen Rahmen der politischen Agenda der beteiligten Akteure zu analysieren und Themen zu diskutieren, die das internationale Menschenrechts- und Flüchtlingsrecht herausfordern. Um dies zu bewerkstelligen, wird die Bewertung von Rechtsdokumenten und Verträgen durch eine Analyse der politischen, sozialen und historischen Entwicklungen unterstützt. Im Falle der zweiten Frage werden die nationale Gesetzgebung und die Urteile des australischen High Court untersucht. ; In recent years, tensions have repeatedly arisen in the context of international politics. Two opposing political movements can be roughly identified, referring to either the sovereign rights or duties of a state within the global community. There are those who argue, that the obligations of a state do not exceed the point, were sovereign rights are limited and those who refer to the obligations that the international community has, through international agreements. This thesis is an attempt to approach these two (seemingly) diametrically opposed concepts, since offshore refugee practices in Australia were referred to as role-model in 2015. It is well known that nongovernmental organizations repeatedly criticize the processes in Australia. The Topic is addressed by examining the following research questions:In which ways and to what extent is State Sovereignty restrained by Refugee- and Human Rights Law?How can the Australian Turn back policy be assessed in the light of International Refugee and Human Rights Law?A descriptive part in each of the thesis' paragraphs explains propositions, previous developments and other information which contextualizes the analysis of legal settings. Among other literature, this includes reports of human rights organizations. In the last part of each chapter, the measures, policies and claims are checked against the legal setting of international law. The aim of the thesis is to analyse the legal setting surrounding the political agenda of the entities involved and to discuss topics that challenge international human rights- and refugee law. To answer that, the assessment of legal documents and treaties are supported by an analysis of political, social and historical developments. In the case of the second question, national legislation and rulings of the Australian High Court are examined. In recent years, tensions have repeatedly arisen in the context of international politics. Two opposing political movements can be roughly identified, referring to either the sovereign rights or duties of a state within the global community. There are those who argue, that the obligations of a state do not exceed the point, were sovereign rights are limited and those who refer to the obligations that the international community has, through international agreements. This thesis is an attempt to approach these two (seemingly) diametrically opposed concepts, since offshore refugee practices in Australia were referred to as role-model in 2015. It is well known that nongovernmental organizations repeatedly criticize the processes in Australia. The Topic is addressed by examining the following research questions:In which ways and to what extent is State Sovereignty restrained by Refugee- and Human Rights Law?How can the Australian Turn back policy be assessed in the light of International Refugee and Human Rights Law?A descriptive part in each of the thesis' paragraphs explains propositions, previous developments and other information which contextualizes the analysis of legal settings. Among other literature, this includes reports of human rights organizations. In the last part of each chapter, the measures, policies and claims are checked against the legal setting of international law. The aim of the thesis is to analyse the legal setting surrounding the political agenda of the entities involved and to discuss topics that challenge international human rights- and refugee law. To answer that, the assessment of legal documents and treaties are supported by an analysis of political, social and historical developments. In the case of the second question, national legislation and rulings of the Australian High Court are examined. ; Arbeit an der Bibliothek noch nicht eingelangt - Daten nicht geprüft ; Abweichender Titel laut Übersetzung des Verfassers/der Verfasserin ; Masterarbeit Karl-Franzens-Universität Graz 2021

Diese Masterarbeit behandelt die Rechtsstrukturen von Menschenhandel in Kolumbien, eines jener Länder mit einer der umfangreichsten Gesetzgebungen und einer breiten Ratifizierung internationaler Richtlinien und Initiativen in der Region Südamerika. Daten basieren auf wissenschaftlicher Literatur, internationalen und nationalen Gesetzestexten und zusätzlichen Quellen, hauptsächlich aus dem Internet. Antworten zu den einleitenden Fragen dieser Arbeit zeigen, dass das Phänomen Menschenhandel in Kolumbien auf historischen und kulturellen Hintergründen des Landes gründet und zu wesentlichen physischen, psychologischen, sozialen, ökonomischen und rechtlichen Problemen von Opfern, und auch gleichzeitig für Kolumbien, führt, auch aufgrund von Fehlurteilen bei vorhandenen Delikten. Ferner wurden existierende internationale und regionale Initiativen, Gesetze und Opferrechte identifiziert. Nach genauer Untersuchung des Implementierens und der Vollziehung dieser internationalen Regulierungen und Initiativen im kolumbianischen Gesetz, konnte Kolumbien in 8 von 15 analysierten Kategorien internationaler Regulierungen, welche dem kolumbianischen Gesetz gegenübergestellt wurden, als nicht konform eingeschätzt werden. Gleichzeitig wurde die Konformität des nationalen kolumbianischen Gesetzes mit internationalen Standards und der Exekution in Bezug auf die Behandlung von Opfern von Menschenhandel durchleuchtet und negativ beurteilt, auch aufgrund des rechtshängigen Opferschutz-Dekrets, welches durch das Gesetz 985 von 2005 vorgeschrieben wurde. Die Analyse der existierenden internationalen und nationalen Initiativen führte zu einer Auflistung der wichtigsten zu treffenden Maßnahmen im kolumbianischen Justizwesen um Menschenhandel effektiver bekämpfen zu können. ; This master thesis examines the legal framework of human trafficking in Colombia, the country with one of the most extensive legislation and broad ratification of international regulations and initiatives in the region of South America. Data is based on academic literature, international and national legislations and additional sources mainly from the internet. The answers to the preliminary questions of this paper show that the phenomenon of human trafficking in Colombia is based on the historic and cultural background of the country and leads to major physical, psychological, social, economic and also legal problems of the victims, and concurrently of Colombia as a country, also due to misjudgement of present crimes. Furthermore, existing international and regional initiatives and laws as well as the rights of victims were identified. Scrutinizing the implementation and enforcement of those international regulations and initiatives into the Colombian law, the research shows that out of the 15 surveyed categories of international regulations, which were opposed to Colombian national law, Colombia was found non-compliant in the enforcement and implementation of 8. Concurrently the conformity of Colombian national law with international standards and the execution of the same in terms of treatment of victims was analysed and was concordantly answered negatively, also due to the pending victim protection decree, as required by the Colombian Law 985 of 2005. The examination of existing international and national initiatives led to a listing of the most important measurements which should be taken within the Colombian legal system in order to combat human trafficking more efficiently. ; Denisa Brandtner ; Abweichender Titel laut Übersetzung der Verfasserin/des Verfassers ; Zsfassung in dt. und engl. Sprache ; Graz, Univ., Masterarb., 2014 ; (VLID)239808

Most all nations recognize the need to protect intellectual property in some form due to its potential value. In 1994, the signatory nations of the General Agreement of Tariffs and Trade signed the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs), an ambitious international convention that set forth an international baseline for patent, copyright, and trademark protection. In addition to providing procedures for the settlement of property disputes, one practical effect of TRIPs has been the harmonization of the world's patent laws. In 1994, the United States passed the Uruguay Round Agreement Act, legislation that implemented several changes to domestic patent law required by TRIPs. Although opinions, especially those of developing nations, debate the fairness of TRIPs, the Agreement represents an effective balance among competing interests and a m~or step towards world patent law harmonization.

The OECD Guidelines for Multinational Enterprises were viewed at their genesis as political commitments not legally binding on states and only voluntary for corporations. Due to the OECD Council Decision on the Guidelines for Multinational Enterprises in 2000/2011, however, OECD Member States are compelled to implement this regime by the establishment and operation of a National Contact Point (NCP) as a state-based, non-judicial, dispute resolution mechanism to handle complaints concerning corporations operating from or within their respective jurisdictions. This paper does not analyse weaknesses in the often-troubled NCP system nor does it propose reforms. Rather, it examines the current system from the legal perspective of OECD Member States and explores the relatively ignored extent of their obligations under it. This paper posits that on account of the Council Decision, treaty-derived, international obligations are in fact imposed on OECD Member States under the NCP system and that NCP maladministration can lead to state responsibility at international law. In any event, however, it seems clear that there does not exist any review mechanism—domestically or internationally—capable of attributing internationally wrongful conduct to an OECD Member State on account of its NCP.

Indonesia committed to conserving the tuna resources by participating in some RFMOs. From all regional organizations where Indonesia has been joined, the CCSBT is the unique one, due to it governs a single tuna species, which is called Southern Bluefin Tuna. This kind of tuna is essential for Indonesia because it is the world's most expensive tuna and SBT migrates through Indonesian fisheries management zones and goes even further within the territorial waters, where the SBT spawning area is located. This natural characteristic distinguishes Indonesia from other Parties to CCSBT. Nevertheless, the Country has been dealing with its obligation to comply with national quota allocation. For some fishing season periods, the CCSBT indicated Indonesia as a non-compliant. By applying the qualitative approach, this study considers how Indonesia's non-compliance has been addressed in fishing for shared fish stocks. The data collection was conducted through semi-structured interviews and legal analysis of law and policy instruments. This method leads the elaboration to reveal domestic factors affecting non-compliance by Indonesia. This study argues, the fisheries legislation should consider the provision concerning fishing for resources under quota system, hence, it will provide sufficient legal base to take enforcement measures towards non-compliance with fishing quota.

The Islamic republic of Iran has often been denounced by international organizations for its lack of respect for international obligations, in particular human rights obligations. To justify its lack of compliance towards its human rights obligations, Iran which is a party to several human rights treaties, invokes its constitutional law: indeed, the Iranian constitution states that Iranian law and the Iranian constitutions supersede international law if there is a conflict of laws. This has been publicly asserted at the United Nations and repeated by the Iranian authorities in front of various committees in charge of the enforcement and respect for the instruments of human rights. Consequently, when facing a contradiction between the Convention of the Rights of Children and Iranian law, the latter will take precedence. The origin of Iran's reservations over the international instruments it ratified originates from the same principle: the authorities have to respect Shari'a. Consequently, all international treaties ratified by the country bear the same reservation: the respect of Shari'a principles. For example, the Universal Declaration of Human Rights that Iran has agreed with guarantees freedom of speech. Iran will respect such a freedom as long as it does not contradict Shari'a principles. This limit also prevents Iran from ratifying new international documents: since the authorities are well-aware of the limits this rule encompasses, they have refused to ratify two major human rights conventions: the 1984 Convention against Torture and the 1979 Convention on the Elimination of all Forms of Discriminations against Women. Civil society wants however these two conventions to be ratified. This is why women in particular have encouraged Parliament to present a bill to ratify them. The debate was particularly interesting in the case of the 1979 Convention on the Elimination of all Forms of Discriminations against Women. When the bill was presented to the Council of Guardians which is the body in charge of checking the constitutionality of laws, it was rejected for non conformity with the constitution; indeed the convention is said to be contrary to the constitution's article that set the respect of the principles of the Shari'a as a constitutional test of compatibility. Consequently, the convention was declared to be contrary to Iranian law. The outcome was that the Iranian authorities made sure the window of opportunity to reform women's rights in Iran opened by civil society would be closed. By drafting the bill, Parliament and civil society proved that a conciliation between Iranian human rights values and universal human rights standards was possible.