Russia's illegal, brazen and cynical full-scale invasion of Ukraine began on February 24th, 2022, and is still ongoing at the time of this research (July 2023). The damages incurred by Ukraine and ...its citizens during the years of occupation of the territories and the war are calculated in millions, although it is difficult to definitively determine both the methodology and specific numbers. To restore justice, it seems much more important to define a fair, transparent, and understandable procedure for compensating the losses suffered by citizens and businesses as a result of these events. This is especially important in the context of the need to implement the goals of sustainable development, in particular, ensuring equal access to justice for all. The article is devoted to these and related issues. To determine the procedure for compensating losses and damages caused by the war, we first determined what exactly can be compensated and who can apply for compensation. These and other factors determine the peculiarities of the procedure for the restoration of rights and compensation for damage caused by the war in Ukraine. In searching for an answer to the researched question, we analyzed the current legislation of Ukraine and draft laws proposed to regulate relations related to compensation for damages. We also conducted a comprehensive analysis of concepts such as losses, damages, compensation, reparations, and reimbursement as defined in national legislation and international treaties. The generalization of the case law of national courts (more than 200 analyzed decisions of the courts of the first and appeal and cassation instances for the period from February 20, 2014 to March 1, 2023, examples of which are presented in the study) indicates the presence of various approaches of compensation for damage, in understanding how to restore the violated rights of citizens.
Cultural disputes, and others, often occur between neighboring countries in Southeast Asia and can be the seeds of disharmony, of course, this is not desirable. Southeast Asia as a cultural scope ...that is interrelated in history, has local wisdom in resolving disputes, resolving this dispute is known as deliberation. Deliberation is an identity that must be prioritized as a wise cultural approach for the ASEAN community. The purpose of this study is to explore the local wisdom of Southeast Asian people in resolving disputes in their communities and implementing them as a solution for the ASEAN community. Recognizing each other as cultural origins often occur between Malaysian and Indonesian communities. As a nation of the same family, this is commonplace, but the most important thing is how to solve it. Interviewing the people of both countries is the first thing to do in looking at this problem, how they understand and see culture in their culture. Questionnaires are distributed as much as possible, each data obtained will be processed and classified according to nationality, education, age, and others. The findings will be a study to see the perspectives of the two countries in understanding history, culture, and cultural results in addressing the differences of opinion that occur. At least the description of the root of the problem is obtained, why this problem occurs, what are the main causes, how to understand it, how to react to it, and lead to the resolution of the dispute over ownership of culture itself
In 2020, the United Nations General Assembly adopted resolution 75/123 declaring the period 2021-2030 as the “Fourth International Decade for the Eradication of Colonialism” and called on States to ...step up their efforts to eliminate this terrible scourge that has affected humanity since immemorial times. At the beginning of the 20th century, 60% of the world’s population was subject to some form of subjugation. Today, in 2021, almost two million people still live under colonial rule in 17 Non-Self-Governing Territories. One of these territories to be decolonized are the Malvinas/Falklands Islands which, since 1833, have been subject to a sovereignty dispute between the United Kingdom and Argentina and whose solution is the way to put an end to this colonial situation in accordance with the provisions of the United Nations.
The article is devoted to the problems of consideration of individual labor disputes of athletes and coaches in the jurisdictional bodies of sports federations and professional sports leagues. The ...current legislation provides for the possibility of creating bodies of pre-trial settlement of disputes in the field of physical culture and sports within the structure of all-Russian sports federations and professional leagues, which can consider individual labor disputes of athletes and coaches. At the same time, certain problems arise already at the stage of determining the jurisdiction of these bodies in terms of the possibility of considering individual labor disputes by them. Within the framework of this study, the problems related to the issues of the correlation of labor legislation and legislation on physical culture and sports, related to the procedure and conditions for the formation of jurisdictional bodies, the peculiarities of submitting a dispute for their consideration, and the observance of the principle of equality of the parties are identified. Proposals have been developed to improve the current legislation.
El artículo analiza la controversia entre Argentina y Chile, con motivo del descubrimiento de un vertedero de residuos en la Cordillera de los Andes, originado por la actividad de una empresa minera ...chilena, que arrojaba el material en desuso en el territorio argentino. El conflicto es estudiado a la luz de las reglas en materia de responsabilidad internacional y teniendo en cuenta los mecanismos de solución de disputas a los que recurren los Estados ante un hecho de contaminación transfronteriza.
This article investigates the case of Libya; the way the International Criminal Court responded to it; what went wrong; and what the Court could learn from the case for its future. It attempts to ...show that the regime change strategy followed in Libya jeopardized the international criminal justice mandate of the Court, created a failed state conundrum, and rendered the Court's intervention counterproductive. Also, in cases like Libya, where judicial intervention sits alongside military intervention, it is difficult for the Court to claim jurisdiction independent of untamed realpolitik while finding the right constituency, which is an urgent issue that remains unsolved. This research concludes that only a dispute settlement approach oriented towards a peacemaking mandate, and its incorporation into the jurisdiction of the Rome Statute, can protect the Court's independence and international criminal justice promises regarding the different limitations the Court faces.
This paper covers the existing international law toolbox on peaceful settlement of disputes and its application to online conflicts. It reiterates the existing measures of diplomatic and judicial ...measures to address differing positions of states and non-state actors as well as their applicability for the unique online environment.
European Journal of Legal Studies Münchmeyer, Max
European journal of legal studies,
2021, Letnik:
13, Issue 2, Autumn 2021.
Journal Article
Odprti dostop
As part of our efforts to address racial, gender, and other (intersecting) inequalities in academic publishing, the editorial board of the European Journal of Legal Studies (EJLS, the Journal) has ...recently amended its peer review template to include the following question: Should the author consider citing a more diverse range of sources (e.g. with respect to language, gender, region, etc)? This amendment seeks to operationalise a component of our new author guidelines, according to which 'EJLS strongly encourages authors to cite early career researchers and to reflect regional, gender, and linguistic diversity in their citations'. This is one of the more challenging aspects of the Journal's recent efforts to confront issues of inequality in academia. Other measures, such as improving the 'blindness' of our submission procedure, can be quite straightforwardly addressed through technical and procedural changes to our review process. By contrast, addressing citation diversity necessitates a more substantive shift in our approach to authors' work, in turn requiring the buyin and engagement of all the Journal's editors. The original proposal to introduce a criterion of this sort sparked a robust debate among board members: for some, this was a very welcome development; others were rather less convinced. In this editorial, we respond to some of the concerns raised and reflect more broadly on the scope and limitations of peer review as a means of improving 'diversity' in academic publishing.
Immunity Is Not Impunity Khalil, Mona Ali
Journal of international peacekeeping,
05/2021, Letnik:
24, Številka:
1-2
Journal Article
Recenzirano
Abstract
The Chapter seeks to dispel the myth that the immunity of the United Nations amounts to impunity. Accountability is, in fact, required by the applicable law and established policy and ...practice of the Organization. Immunity and accountability are two co-equal pillars of the 1946 Convention on the Privileges and Immunities of the United Nations and the Status of Forces Agreement. While the UN does enjoy immunity from legal process, it is obliged to provide appropriate modes of settlement of private law disputes to which it is a party. In the case of Cholera in Haiti, the UN Secretariat, the other UN principal organs and UN Member States all failed to ensure respect for the obligations of the United Nations. If even one of them had fulfilled its role properly, then justice could have been done. Thus far, with the notable exception of the human rights special rapporteurs, all have failed to do so.
This paper focuses on the phenomenon of Online Mediation, which is gaining in popularity in recent years. Being part of the Online Dispute Resolution family, this particular method is the one applied ...most often. The very idea of disputes being heard and resolved in the global network seems exciting and quite appealing to some, while for others it presents a source of major concern. New technologies influence the ways parties and the neutral interact, share ideas and reach a settlement. Moreover, they have a clear impact on how people evaluate the other party, their mediator and the whole procedure they are involved into. This makes trust a significant issue for online mediation, one that is not so easy to establish while relying on the old techniques. Another important thing is the absence of positive regulation for the sector. In spite of recent instruments adopted by the EU, online mediation is still a field largely unknown to lawyers, consumers, business players and national regulators. The present article aims at clarifying the notion of ‘online mediation’ (which, surprisingly, has not been properly done yet), showing some of the most obvious benefits and drawbacks of this dispute resolution method (a deeper, more profound look on them will only be possible over time, when online mediation proves itself in practice and more statistical data are available) and providing valuable remarks on the solutions for the problems determined.
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