The Experts below are selected from a list of 9369 Experts worldwide ranked by ideXlab platform
B. Khabriev - One of the best experts on this subject based on the ideXlab platform.
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UN ILATERAL SANCTIONS – A VESTIGE OF A UNIPOLAR WORLD: THE CONCEPTUALIZATION OF THE Legal Position OF THE BRICS COUNTRIES
BRICS Law Journal, 2019Co-Authors: A. Kapustin, B. KhabrievAbstract:The efforts of the BRICs countries to establish a fair international Legal order determine the scholarly interest in conceptualizing the Legal Position on the inadmissibility of the use of unlawful unilateral coercive measures in international relations. This paper adopts an interdisciplinary approach to the study of the phenomenon of combating discriminatory sanctions policies of individual states and international organizations, including elements of economic, Legal and international Legal analysis. The subject of the authors’ interest is not the methodology of “economic analysis” of Legal phenomena, which is recognized in Legal science; rather, it is an attempt to synthesize the methods of various disciplines, allowing a comprehensive assessment of the possibility of countering “sanctions threats” to the state sovereignty of Russia as one of the members of BRICS. The main directions of the economic policy of the state in the conditions of the “sanctions regime,” the features of acts of Russian legislation aimed at protecting sovereignty from ilLegal unilateral restrictive measures, in the historical context, and taking into account modern views, the doctrinal approaches to the concept of “sanctions” in the science and practice of international law are all analyzed. As a result, it is found that the pluralism of approaches to the definition of “sanctions” is maintained, which is explained by the insufficient level of international Legal regulation of international coercion and the continuing decentralization of the system of international law. The grounds for the legitimacy of sanctions mechanisms operate in the system of collective security of the U.N., based on the analysis of the provisions of the U.N. Charter and the normative array of recommendatory norms of the U.N. General Assembly. The evolution of the mechanism of non-military coercive measures of the U.N. Security Council is analyzed, and the parameters of the legitimacy of sanctions by regional international organizations on the basis of the provisions of the U.N. Charter are determined. Normative contours of “soft regulators” of counteractions to illegitimate unilateral coercive measures are established.
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un ilateral sanctions a vestige of a unipolar world the conceptualization of the Legal Position of the brics countries
BRICS Law Journal, 2019Co-Authors: A. Kapustin, B. KhabrievAbstract:The efforts of the BRICs countries to establish a fair international Legal order determine the scholarly interest in conceptualizing the Legal Position on the inadmissibility of the use of unlawful unilateral coercive measures in international relations. This paper adopts an interdisciplinary approach to the study of the phenomenon of combating discriminatory sanctions policies of individual states and international organizations, including elements of economic, Legal and international Legal analysis. The subject of the authors’ interest is not the methodology of “economic analysis” of Legal phenomena, which is recognized in Legal science; rather, it is an attempt to synthesize the methods of various disciplines, allowing a comprehensive assessment of the possibility of countering “sanctions threats” to the state sovereignty of Russia as one of the members of BRICS. The main directions of the economic policy of the state in the conditions of the “sanctions regime,” the features of acts of Russian legislation aimed at protecting sovereignty from ilLegal unilateral restrictive measures, in the historical context, and taking into account modern views, the doctrinal approaches to the concept of “sanctions” in the science and practice of international law are all analyzed. As a result, it is found that the pluralism of approaches to the definition of “sanctions” is maintained, which is explained by the insufficient level of international Legal regulation of international coercion and the continuing decentralization of the system of international law. The grounds for the legitimacy of sanctions mechanisms operate in the system of collective security of the U.N., based on the analysis of the provisions of the U.N. Charter and the normative array of recommendatory norms of the U.N. General Assembly. The evolution of the mechanism of non-military coercive measures of the U.N. Security Council is analyzed, and the parameters of the legitimacy of sanctions by regional international organizations on the basis of the provisions of the U.N. Charter are determined. Normative contours of “soft regulators” of counteractions to illegitimate unilateral coercive measures are established.
S.e. Rap - One of the best experts on this subject based on the ideXlab platform.
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the right to information of un accompanied refugee children improving refugee children s Legal Position fundamental rights implementation and emotional well being in the netherlands
The International Journal of Children's Rights, 2020Co-Authors: S.e. RapAbstract:Refugee children often find themselves in a vulnerable Position; they have experienced trauma and mental health problems and in the host country they are involved in a complex and adult-oriented asylum application procedure. International and European Legal standards urge states to adapt migration procedures to the age and maturity of children and to make these more child-friendly. In this article, the core concept of analysis is the child’s right to information. It will be shown that this right is closely connected to other children’s rights and concepts, such as access to justice, child-friendly justice and the right to participation. The implementation in practice of the right to information in the asylum procedure in the Netherlands will serve as a case study, to show the precarious information Position of both unaccompanied as well as accompanied refugee children. The results of this study show that the information Position of these children can be improved, which will benefit their Legal Position, emotional wellbeing and possibilities to exercise their rights.
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Safeguarding the Dynamic Legal Position of Children: A Matter of Age Limits?
Erasmus Law Review, 2020Co-Authors: S.e. Rap, Eva P. Schmidt, Ton LiefaardAbstract:In this article a critical reflection upon age limits applied in the law is provided, in light of the tension that exists in international children’s rights law between the protection of children and the recognition of their evolving autonomy. The main research question that will be addressed is to what extent the use of (certain) age limits is justified under international children’s rights law. The complexity of applying open norms and theoretically underdeveloped concepts as laid down in the UN Convention on the Rights of the Child, related to the development and evolving capacities of children as rights holders, will be demonstrated. The UN Committee on the Rights of the Child struggles to provide comprehensive guidance to states regarding the manner in which the dynamic Legal Position of children should be applied in practice. The inconsistent application of age limits that govern the involvement of children in judicial procedures provides states leeway in granting children autonomy, potentially leading to the establishment of age limits based on inappropriate – practically, politically or ideologically motivated – grounds.
A. Kapustin - One of the best experts on this subject based on the ideXlab platform.
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UN ILATERAL SANCTIONS – A VESTIGE OF A UNIPOLAR WORLD: THE CONCEPTUALIZATION OF THE Legal Position OF THE BRICS COUNTRIES
BRICS Law Journal, 2019Co-Authors: A. Kapustin, B. KhabrievAbstract:The efforts of the BRICs countries to establish a fair international Legal order determine the scholarly interest in conceptualizing the Legal Position on the inadmissibility of the use of unlawful unilateral coercive measures in international relations. This paper adopts an interdisciplinary approach to the study of the phenomenon of combating discriminatory sanctions policies of individual states and international organizations, including elements of economic, Legal and international Legal analysis. The subject of the authors’ interest is not the methodology of “economic analysis” of Legal phenomena, which is recognized in Legal science; rather, it is an attempt to synthesize the methods of various disciplines, allowing a comprehensive assessment of the possibility of countering “sanctions threats” to the state sovereignty of Russia as one of the members of BRICS. The main directions of the economic policy of the state in the conditions of the “sanctions regime,” the features of acts of Russian legislation aimed at protecting sovereignty from ilLegal unilateral restrictive measures, in the historical context, and taking into account modern views, the doctrinal approaches to the concept of “sanctions” in the science and practice of international law are all analyzed. As a result, it is found that the pluralism of approaches to the definition of “sanctions” is maintained, which is explained by the insufficient level of international Legal regulation of international coercion and the continuing decentralization of the system of international law. The grounds for the legitimacy of sanctions mechanisms operate in the system of collective security of the U.N., based on the analysis of the provisions of the U.N. Charter and the normative array of recommendatory norms of the U.N. General Assembly. The evolution of the mechanism of non-military coercive measures of the U.N. Security Council is analyzed, and the parameters of the legitimacy of sanctions by regional international organizations on the basis of the provisions of the U.N. Charter are determined. Normative contours of “soft regulators” of counteractions to illegitimate unilateral coercive measures are established.
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un ilateral sanctions a vestige of a unipolar world the conceptualization of the Legal Position of the brics countries
BRICS Law Journal, 2019Co-Authors: A. Kapustin, B. KhabrievAbstract:The efforts of the BRICs countries to establish a fair international Legal order determine the scholarly interest in conceptualizing the Legal Position on the inadmissibility of the use of unlawful unilateral coercive measures in international relations. This paper adopts an interdisciplinary approach to the study of the phenomenon of combating discriminatory sanctions policies of individual states and international organizations, including elements of economic, Legal and international Legal analysis. The subject of the authors’ interest is not the methodology of “economic analysis” of Legal phenomena, which is recognized in Legal science; rather, it is an attempt to synthesize the methods of various disciplines, allowing a comprehensive assessment of the possibility of countering “sanctions threats” to the state sovereignty of Russia as one of the members of BRICS. The main directions of the economic policy of the state in the conditions of the “sanctions regime,” the features of acts of Russian legislation aimed at protecting sovereignty from ilLegal unilateral restrictive measures, in the historical context, and taking into account modern views, the doctrinal approaches to the concept of “sanctions” in the science and practice of international law are all analyzed. As a result, it is found that the pluralism of approaches to the definition of “sanctions” is maintained, which is explained by the insufficient level of international Legal regulation of international coercion and the continuing decentralization of the system of international law. The grounds for the legitimacy of sanctions mechanisms operate in the system of collective security of the U.N., based on the analysis of the provisions of the U.N. Charter and the normative array of recommendatory norms of the U.N. General Assembly. The evolution of the mechanism of non-military coercive measures of the U.N. Security Council is analyzed, and the parameters of the legitimacy of sanctions by regional international organizations on the basis of the provisions of the U.N. Charter are determined. Normative contours of “soft regulators” of counteractions to illegitimate unilateral coercive measures are established.
Bregje Pieters - One of the best experts on this subject based on the ideXlab platform.
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Dutch Criminal and Administrative Law Concerning Trafficking in and Smuggling of Human Beings the Blurred Legal Position of Smuggled and Trafficked Persons: Victims, Instigators or IlLegals?
Immigration and Criminal Law in the European Union, 2006Co-Authors: Bregje PietersAbstract:This chapter analyses the consequences of the European legislation for the Netherlands. It describes the Dutch criminal offence of trafficking, the offence of smuggling and related offence on enforcing immigration law by analysing current Legal provisions and by analysing relevant case law. It then explains why only trafficked persons can be victims of trafficking, while smuggled persons cannot be victims of smuggling. It also explains the Position of victims and their role in the criminal proceedings. A concluding analysis is made by linking the aims of the offences of smuggling and trafficking to the Legal Position of the trafficked and smuggled persons. The chapter describes the reforms of Dutch criminal law due to implementing European law. It shows that the implementation of the European legislation has consequences for the Legal Position of smuggled and trafficked persons in Dutch criminal law. Keywords: Dutch criminal law; European law; immigration law; Legal Position; smuggling of human beings; trafficked persons
Pu Jia-qi - One of the best experts on this subject based on the ideXlab platform.
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Bai Yi's Social and Legal Position in Liangshan Yi People's Traditional Society
Journal of Wenshan Teachers' College, 2007Co-Authors: Pu Jia-qiAbstract:Bai Yi,a branch of Yi People,is a special group in Liangshan Yi People's traditional society.Bai Yi peo- ple were divided into different orders in slaves,thus given corresponding Legal Positions,owing to their Yi decent and state of being governed.This paper analyzes the emergence of Bai Yi's,their social and Legal Position against the background of Liangshan Yi slave society in order to help to comprehend their social situation at that time.
