Law and World (E-Journal) / სამართალი და მსოფლიო
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IDEA OF PRIVATE PRISONS – ITHROUGH THE PRISM OF GOALS OF PUNISHMENT
Get PDFThe present paper aims at bringing about reasonable arguments around the idea of private prisons discussing it through the prism of the goals of punishment. The idea is relevant since Georgia has been experiencing problems regarding its system of corrections, at least during the last decade. For example, in 2012 prisons in Georgia were so terribly overloaded that the Parliament of Georgia approved prisoner amnesty for the purposes of improvement of the situation
აღკვეთის ღონისძიებების გამოყენების უახლესი სტანდარტების ანალიზი ადამიანის უფლებათა ევროპული სასამართლოს პრეცედენტული სამართლის მიხედვით
Get PDFThe present article – “The Analysis of the Recent Standards of Applying Compulsory Measures according to the Case Law of the European Court of Human Rights (The Analysis of the Criminal Procedure Code of Georgia and its Compliance with the Case Law of the European Court of Human Rights)” – discusses the recent case-law of the European Court of Human Rights on Article 5 of the European Convention together with the compliance of the Criminal Procedure Code of Georgia in terms of applying compulsory measures
Die verfassungsgeprägte Rechtsordnung des Rechtsordnung des Konstitutionalismus – zum Verhältnis von Verfassungs – und Gesetzesrecht im Verfassungsstaat
No full textThe Constitution of a state is meant to be the basis of the organisation of the state and the status of citizens within the state. To guarantee the rule of law and constitutional freedom, it has to be realized within the legal order on the levels of legislation, administration and jurisdiction. This refers above all to the fundamental rights, as says the Constitution of the Federal Republic (Groundsheet – basic law) in Art. 1 „(3) The following basic rights shall bind the legislature, the executive and the judiciary as directly applicable law.“ The values of the constitution have to be realized within the legal order and legal practice. Those who apply law in the every day practice, must be conscious of these values. The fundamental human rights of the constitution, as freedom of speech, right of privacy, right of property must be observed in civil law was well as in penal law and public law. This can be exemplify ed by famous cases decided by the Constitutional Court, the Federal Constitutional Court. To a large extent, the success of the Groundsheet, its broad acceptance is owed to the Court. To establish democracy and the rule of law, this acceptance of the Constitution is essential
უმოქმედობით ჩადენილი დანაშაულის კვალიფიკაციის პრობლემატური საკითხები
Get PDFCriminal code of Georgia (7th article) defines crime. According to this article main element of a crime is an action. Action is also the first and the most important element of actus reus in Georgian criminal law. In this case, action includes not only criminal activity, but also criminal inaction. According to Georgian criminal law, there are two forms of inaction: typical inaction and mixed inaction. Mixed inaction is much more serious crime than typical inaction. While qualifying inaction the most important issue is the obligation on action, whether it was because of profession, previous action or special relations with the victim. The research includes detailed review of Georgian criminal law in the field of qualification of criminal inaction. Georgia belongs to continental law system. There is big difference in this field between continental law system and common law system. In continental criminal law system, every type of inaction is a crime, while in common law system, typical inactions, like leaving person without help in danger, is not a crime. Main aim of criminal law is to avoid harm of such values like life, freedom etc. That’s why it is important to prevent such harms. The research includes analyzing of this differences. The most important issue while qualifi cation of inaction is practice of Georgian Supreme Court. So, the re- search includes detailed review of Georgian Supreme Court decisions in this fi eld. To sum up, the research includes following issues: Theoretical research on qualifi cation of inaction, practical recommendations, review of Georgian Supreme Court practice, specifi cs of common law countries
Review of the Saudi Anti-Sexual Harassment Law: Evolution and Challenges
Get PDFSexual harassment is one of the most debated issues in society. This is mainly because of its prevalence and effects both to the victims and other associated parties. It is a pervasive problem existing in almost every institution, organization and society. Despite its pervasiveness, it can also be elusive and in most cases go unnoticed with the victims suffering in silence. Considering its apparent yet complex nature, there has always been the consistent need to research and understand more about the subject of sexual harassment in an attempt to find effective strategies and solutions for its prevention. However, while it can be complicated and pervasive, sexual harassment is increasingly prevalent in the workplace. This may be due to several factors, including the complex nature that includes the different forms of it, such as verbal, non-verbal or physical sexual harassment nly 2% of roughly 80,000 persons charged with crimes in 2018 in federal court in the United States of America had their cases heard by juries of their peers. In those trials, 83% of defendants were convicted and 17% were acquitted. Approximately 90% of criminal cases are resolved by way of plea agreement and sentencing with only 8% dismissed.1 The percentages of jury trials and plea agreements are roughly the same at the state level. Civil cases are also tried by juries but are not the focus of this article
Certain Skeptical Considerations on International Human Rights Law
Get PDFhis article aims to go beyond the romanticized paradigm emanating from human rights and international law in general. Considering that the intention of the present author is wide and over encompassing in its scope, this paper intends to dwell only on certain specific issues. First, it examines whether powerful states still do what they like even though they are constrained by the rules of International Law. Then it moves to examine the most pressing issues of migration law, which again demonstrates that the system is far from satisfactory. Lastly, it interrogates the concept of universalism proclaimed in International Human Rights Enterprise. Acknowledging that the idea of universalism is a noble, perhaps, despite its sophisticated stratification and promotion on the part of international global community it became the powerful political vernacular to clothe unveiled political intentions in the universalism attached veil. It is shown how universalism transcended its metaphysical faculty and turned into the paradigm of imperialism for those who can actually avail. In the end of the day, the aim of the author is not to completely exhaust these issues, but to trigger certain skeptical thoughts, that something ultimately went wrong
Review of Some Aspects of Investment Arbitration under the International Centre for Settlement of Investment Disputes
Get PDFAn economic development of the states highly depends upon the flow of private international investment. Whilst the creation of suitable investment climate which would guarantee the fair and equitable treatment of foreign investment within the depoliticized and impartial dispute resolution system had been objective of the World Bank, the International Centre for Settlement of Investment Disputes was established under its auspices. The primary objective of the ICSID Convention has been viewed on facilitating and safeguarding of private international investment through the creation of a favorable investment climate. Arbitration under the ICSID, serves not only in favor of investors but also of host states. Whilst the favorable means are offered to the both parties for dispute resolution according to the major provisions of the Convention, the “execution of the awards”, represent the slight alteration in the disadvantageous position of the foreign investor. The aforementioned alteration as the time consuming process, fulfilled within the state bureaucracy is more sensibly approached by the foreign investors in developing countries, under which the political risk and demand for foreign investment protection is always one of the highest extent. However, by virtue of signing the Convention, the states not only accept the proposed dispute resolution mechanism, but also declare and desire to welcome the foreign investment. As states aforementioned attempts could be related to the creation of the Global Forum for delivering better Investment Climate, the demands of the World Bank in the sphere is one of the most significant importance
კეთილსინდისიერი წინააღმდეგობა (ევროპული და ამერიკული მიდგომები )
Get PDFThe Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go
Cognitive Phraseological Variations in Terminology of Public International Law and Its Application in Translation into Farsi
Get PDFFor the past twenty years, “phraseology” has been considered a very important topic of study for various specialized languages. The linguistic view that used to see phraseology such as “idiom researches and lexicography classifying various kinds of idiomatic expressions” has changed meaningfully. Nowadays, thanks to these changes, the new view is focused on identifying and classifying phraseology as well as applying them to research in theory. That is why we would do well to try to define new horizons of phraseology in different specialized languages. The language of interest here is the prescriptive and descriptive language of international law instruments. We should consider this language as the normative language of judges, legislators, courts and international lawyers. These practitioners – who use specific types of phraseology and stable linguistic structures –should perhaps adhere to the use of a professional language that conforms to recognized standards of normative rules. This paper, therefore, tries to define the main relations between phraseology studies and IL Latin expressions and their systematic-semantic equivalences in languages with different roots like Farsi
ეთნიკური /ენობრივი უმცირესობები საქართველოში და მათი ენობრივი უფლებების დაცვის საკითხი
No full textWhile discussing the legal framework for the „linguistic rights” of ethnic/linguistic minorities, the Georgian authorities should first consider the position of the ‘fathers’ of the „European Charter for Regional or Minority Languages“ concerning the difference between the autochthonous (historical) and new minorities; However, full realization of the linguistic rights of the Georgian state language, autochthonous minorities or migrant minorities on the territory of Georgia is impossible until the complete de-occupation of Georgia. Academic, depoliticized descriptions and qualifications of the linguistic and ethnic situation of Georgia should be given essential importance in the process of Georgia’s integration with the civilized world. It is desirable to be timely balanced Russian imperial ideologies and qualifications in the field of Kartvelology at the international scientific or information field