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All Departments 55 Documents Researchers. Save to Library. Diplomatic Immunity has strong reason for its existence principally, that of guaranteeing the freedom and independence of diplomats in order to permit them to carry out their functions without risk of undue pressure by receiving States Diplomatic Immunity has strong reason for its existence principally, that of guaranteeing the freedom and independence of diplomats in order to permit them to carry out their functions without risk of undue pressure by receiving States.
However since privileges and immunities form an evident exception to general rules of accountability within national and international law, diplomats are able to turn immunity into impunity. Therefore, abuse of diplomatic immunity has often led governments, legal authors and the general public to question its very existence.
This thesis discusses how immunity in itself fails to explain why certain diplomats abuse their immunity whilst others do not. Such reasons for abuse make immunity the common principal object but not the only one. Effectiveness of remedies is greatly impacted by factors such as political relations, trade and reciprocity, which factors supersede the desire to attain justice. The greatest obstacle when dealing with proposed remedies and emerging trends, is usually political consensus. However, any change to the current immunity assumes that the diplomat no longer requires the current immunity.
The need to protected freedom and independence of diplomats in order to permit them to carry out their functions without risk of undue pressure by receiving States is still very real, just as abuse is. Interfering with absolute immunity risks weakening protection provided therefrom, risking the ability of diplomats to perform their functions and cancelling out the intent of diplomacy.
Domicile and Residence in the Maltese Tax System. Malta's approach to unjustifiable tax planning that borders on tax avoidance and evasion. Human Rights and the Environment. Providing a summary of the jurisprudence concerning environmental issues developed so far by the Human Rights Committee in its decisions under the complaints procedure, as far as this is relevant for addressing the specific problems Providing a summary of the jurisprudence concerning environmental issues developed so far by the Human Rights Committee in its decisions under the complaints procedure, as far as this is relevant for addressing the specific problems the Sri Lankan community faces.
Reflecting on the question to what extent similar reasoning could be adopted under the human rights provisions included in the ICCPR. Monitoring human rights at the UN level: Malta. A brief report on the evaluation by several monitoring bodies of the human rights situation in Malta under: 1. The Universal Periodic Review, and 2. Overall, the evaluation of the achievements and functioning of the The Constitution of Malta establishes that the Catholic Religion is the religion of the country.
Such legal provision along with the prevalence of the practice of the catholic faith in the country has played a huge role in shaping the Such legal provision along with the prevalence of the practice of the catholic faith in the country has played a huge role in shaping the progress of legislation. This is especially apparent in the area of family and succession law.
Mass Surveillance and the Right to Privacy. Mass surveillance has grown significantly through the technological advancements to which the world has been witness. The extensive reach such surveillance can have came especially to light as a result of the disclosures made by Edward The extensive reach such surveillance can have came especially to light as a result of the disclosures made by Edward Snowden in His revelations also lead to an increase in concern regarding the respect and protection of the right to privacy.
His revelations made people more aware of being surveilled and made governments and international organisations feel the need to tackle on-going surveillance; to justify the use of such surveillance, to argue for regulation of such surveillance or to eliminate such surveillance.
Arguments favouring mass surveillance emphasise that the right to privacy is subject to justifiable interference, and therefore promote the benefits mass surveillance provides in order to justify it as such. Undoubtedly, such arguments hold that mass surveillance is indispensable and therefore cannot be eliminated, despite the existence of the right to privacy.
However, mass surveillance can undermine broader democratic processes and impact a range of human rights including those impacting personal integrity, the freedom of expression, association and assembly, the right to fair trial, and the right to privacy.
Therefore, the impact of mass surveillance on human rights, including the right to privacy can be especially harmful. The fact that mass surveillance is said to not work, and can become even more dangerous due to its potential for abuse, are other arguments used against the practice of mass surveillance. The reality of the world we live must also be taken into account. We live in a world that is increasingly being threatened by terrorist attacks, and with governments exhibiting great reluctance in doing away with mass surveillance.
However, also to be considered is the right to privacy as a human right and the extent to which one can interfere with such a right — what is the limit?
What is the right balance between the practice of mass surveillance and its alleged security benefits against the right to privacy? Ought mass surveillance be established as an unlawful interference with the right to privacy?
This research will be undertaken for a variety of reasons. The most influential factor has been the prevalence of the dangers mass surveillance poses to the right to privacy, as well as the very great amount of material available on the subject matter.
Another reason is the relevance of this thesis to the world we live in. The practice of mass surveillance impacts our every day lives; therefore the analysis of its regulation is of utmost relevance. This thesis therefore provides me with the opportunity to assess arguments for and against mass surveillance, and the extent to which mass surveillance should be regulated in the light of the right to privacy.
This research aims to start by considering arguments for the application of mass surveillance, such as the need to protect national and individual security. Then, arguments for the elimination of mass surveillance based on the need to protect the right to privacy will be considered. Ultimately, the research will aim at reaching a conclusion as to whether mass surveillance can be established as an unlawful interference of the right to privacy, or not.
Welzijn Nieuwe Stijl in de decentralisatie van de jeugdzorg: een onderzoek naar de impact op het dagelijks werk van professionals.
De transformatie van de jeugdhulp is met de invoering van dit programma al ingezet en wordt verder De transformatie van de jeugdhulp is met de invoering van dit programma al ingezet en wordt verder ingevuld met de decentralisatie van de jeugdzorg per 1 januari Het is echter de vraag of deze decentralisatie op Welzijn Nieuwe Stijl aansluit, of dat professionals in de jeugdzorg hun werkwijze grondig moeten herzien.
Aan de hand van literatuur is in beeld gebracht hoe professionals invulling kunnen geven aan Welzijn Nieuwe Stijl. Om de huidige manier van werken inzichtelijk te maken zijn interviews met professionals afgenomen. Het is vooral opvallend dat de professionals in de interviews aangeven niet zozeer anders te werken, maar dat juist de samenwerking sinds de decentralisatie een groot voordeel is.
Professionals zijn enthousiast over de nieuwe manier van werken, maar ervaren ook nog veel problemen. Uit het onderzoek blijkt echter dat, ondanks deze problemen, de decentralisatie van de jeugdzorg aansluit bij het programma Welzijn Nieuwe Stijl en professionals nog meer de kans geeft volgens de bakens van dat programma te werken.
The report aims at clarifying the role and responsibilities of states in securing human rights in ICANN The report aims at clarifying the role and responsibilities of states in securing human rights in ICANN mechanisms and procedures; and how States can support this multi-stakeholder model in a way that better guarantees to serve the global public interest.
This PhD thesis is a study of international data privacy cooperation with a twofold aim. Firstly, on the empirical level, it investigates the strategies and alternative paradigms for international data privacy cooperation and reveals the Firstly, on the empirical level, it investigates the strategies and alternative paradigms for international data privacy cooperation and reveals the potential as well as the limits of different cooperative models.
Secondly, on the theoretical level, it relies on a series of analytical constructs from legal and political theory to critically assess various aspects of cooperation and aims to contribute to the further advancement of those methodological frameworks.
Secondly, it scrutinizes different approaches to customary international law to explore whether data privacy could be considered a principle of customary international law, which would make the mass-surveillance programmes illegal irrespective of the non existence of a binding international data privacy treaty. Then, by relying on international agreement design literature, the thesis explores the different 'hard law dreams' for data privacy and argues that these options are difficult to realize in practice.
As an alternative, it adopts a global legal pluralism lens to examine the promise of mutual recognition arrangements; and applies trans-governmental networks theory to see whether data privacy commissioners could improve international cooperation.
The thesis suggests that effective international data privacy cooperation requires a certain degree of political commitment from states as well as support from private actors. These preconditions do not currently exist.
Persisting uncertainty stemming from lack of effective cooperative structures is more acute than ever in a modern world that has extended far beyond the Orwellian 'Big Brother' to cover the 'Facebook Universe,' 'Google World,' and unimaginable mass-surveillance by the Western governments. This article considers issues relating to the mandatory criminal record data disclosure regime in the United Kingdom and its compatibility with privacy rights under the European Convention of Human Rights.
It analyses the extent to which It analyses the extent to which the T decision took into account the impact of the current disclosure scheme and whether it gave sufficient weight to privacy concerns. It further considers the practical implications of the T judgment for individuals as well as its significance for the forthcoming reforms of the criminal data retention and disclosure regime in the United Kingdom.
Recently, there have been a lot of intense discussions on how human rights treaties might apply to extraterritorial mass-surveillance programmes. In the light of an increasingly prominent role that data privacy is gaining in the UN agenda Whereas under the so-called traditionalist perspective it could be doubted that data privacy has developed into a rule of customary international law, modernist approaches lead to different conclusions.
Pushing forward a new research and policy agenda with Renato Sabbadini One of the great oxymorons and paradoxes of information technology regulation is that the governance of data privacy around the world to a large extent occurs through transgovernmental cooperation by data privacy commissioners; however, One of the great oxymorons and paradoxes of information technology regulation is that the governance of data privacy around the world to a large extent occurs through transgovernmental cooperation by data privacy commissioners; however, it has hardly received any attention among legal or political science scholars.
Despite an increasingly prominent role that data privacy is gaining on an intergovernmental level and the United Nations agenda, an international community still struggles to find ways to cooperate over data privacy regulation. This paper aims to contribute to the international data privacy discourse by analysing data privacy authorities' 'DPAs' prospects to influence the international data privacy agenda and cooperation.
The article aims to build upon and go beyond the existing descriptive narratives of the DPAs' functions and networks by applying the theoretical framework of the transgovernmental networks and Habermas theory of communicative action to data privacy to examine the potential and limits of the transgovernmental cooperation among the DPAs beyond European level which has not been analysed yet in legal or political science scholarship. The paper argues that while the transgovernmental cooperation by data privacy authorities represents a significant governance alternative to the more conventional intergovernmental cooperation, it is questionable whether that is sufficient to de facto alter the cooperative stalemate between the EU and USA and change the regulatory landscape in data privacy governance on an international level.
While the hopes for data privacy commissioners could be high, the experience in other issue-areas, even the ones that are considered very 'successful' examples of transgovernmental cooperation, such as the Basel Committee , International Organization of Securities Commissions, and International Competition Network, requires some caution. This is so given that many of the factors impeding cooperation in other areas, including incompatible regulatory philosophies, politicisation of issues, the limited ability of regulatory cooperation to bind other governmental actors, and the presence of distributive conflicts, appear to be present in the area of data privacy as well.
Thus, the paper concludes that aspirations that the data privacy authorities may, in the words of Anne-Marie Slaughter, create 'a genuinely new set of possibilities' for a future governance of data privacy where deliberation takes over and eliminates the power disparities and national interests are likely to remain elusive at least in the nearest future.
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Methoden voor Sociaal-pedagogische hulpverleners1
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Leiden Law School