Serious concerns on the rights of Afghanistan’s women and girls have been raised ever since the Taliban returned to power on 15th August 2021. This paper uses a normative methodology to investigate ...the discrepancy of legal argument in the international law of succession in terms of status of Taliban within the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) framework. This paper confirmed that the Taliban is the de facto government of Afghanistan as the Taliban have effective and integrated control over a state territory and there is no competing entity with a solid constitutional claim. Therefore, the Taliban is bound by international law to guarantee that women enjoy equal educational rights, including access to school and curriculum. However, the current framework of CEDAW, including the CEDAW committee has not be able to cope with such issues, as it should be reformed in the next future.
Pandemic COVID-19 was start from Wuhan, China then spread to the rest of the world. Under international law of public health, states have obligations to cooperate in tackling international health ...emergency. WHO Constitution and IHR confirms those obligations in which state denied its will arise state responsibility. The purpose of this research is to elaborate state obligations under international law to handle COVID-19 and particularly to China. This research use normative legal research method which means to analysis international law norm in practice. The results of this research are, first there are several obligations to state in handle COVID-19 such as to cooperate, to notify WHO and to made domestic regulation. Second, China is not responsible for COVID-19 case because China did not breach any international obligations under international law.
This article aims to determine the role and responsibility of the government in protecting personal data of all individuals, studied through normative research methods with a statutory and conceptual ...approach. The results of this study ultimately outlines what must be done by the government by forming law on personal data protection which guarantees its determination, implementation and supervision, forming its Sector Supervisory and Regulatory Agency, forming the Attorney General's Office to prepare a court that is responsive in handling personal data privacy violations.
Environmental protection is widely perceived as a state responsibility, but market-based solutions such as green investing have emerged in the financial sector. Little research has addressed whether ...green investing can affect corporate environmental performance and how the state would moderate such an impact. Using an institutional logics perspective, we extend the literature on institutional complexity by exploring the factors leading to compatibility of logics and practices. We theorize that the success of green investing as a novel hybrid practice combining financial means and environmental goals depends on the legitimacy it achieves as an appropriate solution to the stated goal, and this legitimacy can be boosted or dampened by other hybrid practices in the field. Analyzing a panel dataset of 3,706 firms from 20 countries between 2002 and 2013, we find a positive relationship between the relative size of green investment in the economy and firm-level environmental performance in that country. This relationship is moderated by state policies: a strong environmental protection policy weakens the positive relationship between green investing and corporate environmental performance, and a strong shareholder protection policy strengthens the relationship. We contribute to research on institutional complexity, logic compatibility, and public–private cooperation in pursuing the common good.
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IZUM, KILJ, NUK, ODKLJ, OILJ, PILJ, SAZU, UKNU, UL, UM, UPUK
On April 13, 2021, the Japanese government announced its decision to discharge the nuclear-contaminated water from the Fukushima Daiichi Nuclear Power Station into the ocean, which drew widespread ...opposition from the international community. Japan bears traditional state responsibility to prevent marine pollution from radioactive waste, which includes the obligation to immediately notify interested parties and implement preventive measures based on the precautionary principle. Further, Japan needs to fulfil the obligation to prevent transboundary harm, take measures to protect the marine environment from radioactive contaminants via various sources, and not to allow land-based discharge and dumping or any other form of discharge into the ocean. In the process of analysing the responsibility that Japan should bear, this paper discusses the potential contamination of nuclear-contaminated water and reached a conclusion that it should not be discharged into the ocean. To urge Japan to fulfil its international responsibilities, international cooperation among States should be strengthened to monitor the disposal of Japan's nuclear-contaminated water. In addition, getting advisory opinions from International Tribunal is a feasible method for relevant stakeholders. Moreover, it would be highly desirable if relevant treaties or organisations were created in order to better implement international environmental law.
•Japan has the obligation to implement preventive measures to protect the marine environment from radioactive contaminants from various sources.•The nuclear-contaminated water discharged from Fukushima-Daichi nuclear power plant might affect the global marine environment.•Seeking for advisory opinion from International Tribunals and draft a global convention to regulate transboundary harm is also recommended.
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GEOZS, IJS, IMTLJ, KILJ, KISLJ, NLZOH, NUK, OILJ, PNG, SAZU, SBCE, SBJE, UILJ, UL, UM, UPCLJ, UPUK, ZAGLJ, ZRSKP
This book identifies and explains the key analytical issues (state knowledge, causation, and reasonableness) that need to be considered in determining whether a State is responsible under the ...European Convention on Human Rights for omissions. In addition to this technical analytical question, the book also reflects upon what is at stake for the political community when the triggering, the content, and the scope of positive human rights obligations are determined. A central question is then how the search for a balance between intrusion and restraint by the State, between protection and freedom from invasion, defines this community and pulls the analysis of state responsibility for omissions in different directions. Designed to become the main reference source concerning ECHR positive obligations, this book makes four main contributions. First, it covers an important gap by isolating and studying the separate analytical elements (state knowledge, causation, and reasonableness) underlying state responsibility for failure to fulfil positive obligations. It explains the structure of review, the analytical steps taken to ascertain state responsibility for omissions. Secondly, the book offers a serious appreciation of the dangers associated with positive obligations whose scope might be too expansive or content too intrusive. Thirdly, it explains the different types of positive obligations. Fourthly, it offers the first examination of the conceptual hurdles if positive obligations under the ECHR were to be applied extraterritorially.
According to the Montevideo Convention of 1993, the requirements for founding a state are fulfilled possession of people, a region, government, capability to relate to other states, and recognition ...of sovereignty from other states, making it still debatable whether ISIS can be considered a state or a belligerent organization. Islamic State of Iraq and Syria claim that they possess people, a region, and a government, but in reality, they cannot make diplomatic relations with other states. The National Counter-Terrorism Agency (BNPT) has declared ISIS a radical and terrorist movement. Based on BNPT and Detachment 88 data, it is suspected that 1,276 Indonesian nationals have joined ISIS, and only approximately 297 Indonesian nationals possess Indonesian passports. A debate arises regarding whether the state of Indonesia becomes responsible for its presence and whether they still possess the status of Indonesian nationals. This article is written as the results of normative juridical research that analyzes how the state is responsible for repatriating Indonesian nationals who have joined ISIS. The research found that the nationals who joined ISIS may be categorized as Foreign Terrorist Fighters. Nonetheless, international law does not regulate the nationality status of an individual when the individual becomes a part of FTF. In principle, each state can determine the regulations that organize the acquisition and deprivation of a person's nationality; in other words, the nationality status of FTF who joined ISIS entirely depends on the national law of each state. Therefore, the government of Indonesia still possesses responsibility for returning (repatriating) WNI who have joined ISIS.
The recent trend towards selective immigration policies is based on the racialization of certain categories of migrants into irretrievably unassimilable Others. In Europe, this trend has materialized ...largely through the application of integration requirements to the immigration of foreigners, the so-called "civic integration turn". Based on an analysis of parliamentary debates about civic integration policies in the Netherlands, this paper asks which migrants are considered likely or unlikely to integrate based on which presumed characteristics. We find that Dutch civic integration policies aim at barring "migrants with poor prospects". In sharp contrast with a long history of Dutch social policies, politicians deny state responsibility for migrants' emancipation based on a discursive racialization of these migrants as unassimilable. While class has hitherto been largely ignored in the literature on migration and the politics of belonging, we show that class, intersecting with culture and gender, is key in this process of racialization.
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This article discusses Indonesia’s involvement in addressing the plight of the Rohingya refugees, who have been deprived of citizenship, leading to the erosion of their basic human rights. This ...deprivation has resulted in widespread social exclusion and displacement, forcing many to seek asylum in countries like Indonesia. Therefore, this study aims to: firstly, analyze the legal framework within which international law enables the Indonesian government to responsibly manage refugee situation; and secondly, evaluate the collective efforts of the Indonesian government and the global community in seeking a comprehensive resolution to this crisis. The paper focuses on the legal dimensions of the Rohingya refugee situation in Indonesia, employing a normative approach. It offers a descriptive analysis from the perspective of governance and international law. The findings emphasize the need for the Indonesian government to adopt a proactive stance. Key measures include advocating for the Rohingya's right to citizenship, urging the Myanmar government to halt its violence, and calling for active intervention from the United Nations (UN) and the international community. Furthermore, it is recommended that Indonesia continues to offer temporary refuge on humanitarian grounds, ensuring the provision of aid and adhering to the principle of non-refoulement. Effective coordination among local and central governments, as well as international partners, is essential for the strategic management of refugee issues.
The State has the duty and role in protecting and guaranteeing the human rights of its citizens. Violations of human rights often occur against vulnerable groups, one of which is children. Children ...as vulnerable groups have special rights due to their limitations, so they need protection. Countries in the world agree to review the protection of children by signing and ratifying Convention on the Right of the Child 1989. This Convention specifically regulates the protection and guarantee of the rights of the child to be undertaken by States Parties. However, violations of child rights continue to occur, one of them being child labor. Working causes children to lose their right to grow, grow, play and receive education. Writing method used is normative juridical research, that is by analyzing the legal issues contained in legislation related to the problem under study. The problem approach used by the conceptual approach and the legislative approach, using the source of primary legal material as a reference to complete the writing and collection of legal materials is done by using literature study techniques which are then analyzed through qualitative techniques. The results show that the state should be responsible for child labor under the Convention on the Right of the Child 1989, but the binding force of the rule has not been implemented by the state in accordance with the existing material and conditions. The evidence can be seen from various cases of child rights violations that still occur, such as children who are still employed.
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