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INDONESIA
Ius Humani. Law Journal
Published by Universidad de Los Hemisferios
ISSN : 1390440X     EISSN : 13907794     DOI : -
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice
Ius Humani Law Journal is a platform (iushumani.org) open to researchers around the world. It contains articles in all languages, where writers publish original studies on persons rights (natural, human or constitutional) and about the effective procedures for the protection of rights. The studies are viewed both form the philosophical perspective and the perspective of the fundamental juridical principles. Ius Humani’s purpose is the diffusion of knowledge, and the promotion of debate on different juridical perspectives.
Arjuna Subject : -
Articles 225 Documents
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El camino para abolir el sempiterno tratado Uribe-Vargas Ozores Yovani Edgar Chávez Rodríguez
Ius Humani. Jornal do direito Vol 11 No 2 (2022): Ius Humani Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v11i2.304

Abstract

El Tratado Uribe-Vargas Ozores de 1979, también conocido como Tratado de Montería, es un tratado internacional entre la República de Panamá y la República de Colombia. Este tratado concede el pasaje sin costo para los buques de guerra colombianos, los productos básicos y el derecho legal de cruzar el Canal de Panamá sin pagar, así como el derecho a usar los sistemas ferroviarios en caso de cualquier interrupción de la vía fluvial. De manera anormal, este tratado no estableció un día de vencimiento, lo que lo hace interminable. Sin embargo, la República de Panamá, con base en la Convención de Viena de 1969 sobre el Derecho de los Tratados, puede iniciar los trámites judiciales para cambiar esta prerrogativa para Colombia. En ese sentido, es muy probable que Colombia recurra a sanciones comerciales y una intensa guerra batalla legal que infligiría graves daños a la industria aérea y al sistema bancario de Panamá, dada la interpretación de Colombia de sus derechos históricos percibidos sobre el Canal de Panamá.
European experience in preventing and combating crime by customs authorities and the possibility of its use in Ukraine Andrii Volodymyrovych Nosach; Mykhailo Ihorevych Fialka; Ruslan Anatolevich Cherkasskyi; Selezen Svitlana Volodymyrivna
Ius Humani. Jornal do direito Vol 11 No 2 (2022): Ius Humani Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v11i2.305

Abstract

Nowadays, quite effective systems have been formed in the world to combat and prevent customs crimes in general and by customs authorities, however, the experience of not all states is positive. The article, based on the analysis of the scientific views of scholars, summarizes the experience of the leading European countries (on the example of Great Britain, France, Germany) in the field of preventing and combating crime by customs authorities. Both positive and negative aspects of the experience in the field of combating crime in these countries are singled out. The analysis of foreign experience in preventing and combating crime by customs authorities made it possible to formulate the following points that should be used by the domestic legislator: firstly, a high level of material, technical and financial support of the customs authorities, which makes it possible to more quickly respond to existing challenges; secondly, the customs authorities of the vast majority of countries have a wide range of powers in the context of the implementation of intelligence operations; thirdly, a high level of interaction and exchange of information between the EU countries in the framework of combating customs crime; fourthly, an important aspect of combating and preventing customs crime is the professional training of customs personnel; fifthly, on the example of foreign countries in Ukraine, it was expedient to strengthen administrative and criminal liability for violation of customs legislation; sixth, a high level of social and financial support for customs employees.
Desinformación, libertad de expresión y democracia Estefanía Jerónimo Sánchez-Beato
Ius Humani. Jornal do direito Vol 11 No 2 (2022): Ius Humani Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v11i2.306

Abstract

Freedom of expression is a fundamental right consubstantial to a democratic State. In addition to being an essential facet of human dignity, it also constitutes a basic institutional support for any political-legal system. And it is that only through the free dissemination of information and opinion can a public opinion be formed about the problems that afflict our society and the way in which the public authorities act. The first problem that this paper deals with is that new technologies have led to a flood of communications, frequently lacking in rigor of information, giving rise to the so-called disinformation. Although not a new phenomenon, it must be acknowledged that its incredibly increase through the possibilities of diffusion offered by the new channels of communication. The public authorities, and the communication supports themselves, are taking oversight measures with a view to restrict these messages. And this brings up the second question that we deal with in this paper: the restriction of freedom of expression used as an excuse to reduce the damaging effects that disinformation might produce. We will try to reflect on how to reconcile freedom of expression with the limitations and control mechanisms of this fundamental right to fight against dissemination of untruthfulness.
The effects of marriage and divorce on women's nationality in Iranian law Mohsen Hashemi Nasab Zavareh
Ius Humani. Jornal do direito Vol 11 No 2 (2022): Ius Humani Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v11i2.311

Abstract

Family as the first and foremost social institution greatly impacts its immediate larger society. Also the importance of family as a key figure in a healthy society, and the necessity of strong relations between spouses make it imperative to devise required legal devices. As women are prone to suffer and receive more damage in cases of family breakdown, the legislator should develop and establish more protective statutes in respect to the rights of women. In order to protect the rights of Iranian women, the legislator makes a distinction between the cases where an Iranian woman marries a foreign man, and those where Iranian men marry foreign women. In the former case, wife's change, or retention, of nationality is subject to the laws of the husband’s State while in the latter case the legislator enforces the unity of nationality principle. Marriage between Iranian women and foreign men causes women to experience a number of changes and limitations in terms of their national and inheritance rights. Also they may lose their Iranian nationality as a consequence of their marriage —in cases when the husband’s nationality, due to the law of the husband's State, is forced upon wife. On the other hand, foreign women married to Iranian men, though being forced to accept Iranian nationality, encounter less limitations resulting from marriage. Upon divorce, they are neither forced to accept a nationality, in contrast to the time when marriage is celebrated, nor denied their Iranian nationality. Thereby, they can choose whether to remain an Iranian national or recover their original nationality.
Principles of law: Methodological approaches to understanding in the context of modern globalization transformations Yevhen Leheza; Larysa Nalyvaiko; Oleksandr Sachko; Victor Shcherbyna; Olha Chepik-Trehubenko
Ius Humani. Jornal do direito Vol 11 No 2 (2022): Ius Humani Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v11i2.312

Abstract

The purpose of the research is to highlight methodological approaches to understanding principles of law in the context of modern globalization transformations. Their ontological, epistemological and axiological nature are revealed, in particular, links of the principles of law with human existence, science and other ways of world perception are being traced. Methodology: The methodological basis of the research is the dialectical method of scientific knowledge, through the application of this method considered were legal, functional, organizational and procedural aspects of methodological approaches to understanding of principles of law in the context of modern globalization transformations. Conclusions. The classification of the principles of law was singled out and a brief description of their types — universal principles, civilizational principles, and right-family principles and possibilities of separating principles of the national legal system was provided. Key words: principles of law, ontological nature, epistemological nature, axiological nature, science, classification, universal principles.
On the Universality of the Universal Declaration of Human Rights Luis Bueno Ochoa
Ius Humani. Jornal do direito Vol 12 No 1 (2023): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v11i1.316

Abstract

The Universal Declaration of Human Rights (UNO, 1948) took place very shortly after the end of the Second World War and therefore emerged in a context that we associate with the dawn of the so-called Cold War. Almost seventy-five years after that date, the changes, often disruptive, have come on the back of what is known as the Digital Revolution, also called the Third Industrial Revolution or the Scientific and Technological Revolution, which includes the all-encompassing phenomenon of Globalisation. The universalisation of human rights may collide with other relativistic visions, such as interculturality or multiculturalism, for example. The commonly asserted characteristics of human rights, i.e. that they are objective, absolute and unalienable, may not be conclusive. The note of diversity disseminated by bodies such as UNESCO makes this clear: the celebration of the World Day for Cultural Diversity for Dialogue and Development, organised by UNESCO every 21 May, highlights, in this sense, not only the richness of the world's cultures but also the essential role of intercultural dialogue in achieving peace and sustainable development without detracting from its economic value. In this context, how can we reconcile universality and diversity? And without abandoning the tolerance-dignity binomial, let us continue to ask ourselves whether the universality that is being proclaimed is intended to impose a markedly Western worldview.
Impact of the pandemic on global food security Adriana Fillol Mazo
Ius Humani. Jornal do direito Vol 12 No 1 (2023): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v12i1.317

Abstract

The Covid-19 pandemic has had a profound impact on global food security, having exacerbated the drivers of hunger, such as economic recession, political instability, or the disruption and fluidity of the global food supply chain. However, the negative impact of Covid-19 on food security reflects the difficult situation of the current global food security governance system. In this work our general objective is to analyze the ways through which the Covid-19 pandemic has affected world food security. Our specific objective is to study and deepen how the impact of Covid-19 on food security reflects structural problems in global food security governance, in order to provide recommendations on how the international community should respond to prevent a public health crisis from triggering a global food crisis.
Latin American Challenges to Food Sovereignty From a Constititutional Approach Pablo Ricardo Mendoza; Frank Luis Mila Maldonado; Karla Ayerim Yanez Yanez
Ius Humani. Jornal do direito Vol 12 No 2 (2023): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v12i2.318

Abstract

Food sovereignty has been addressed from the normative and jurisprudence; However, it is necessary to understand its scope from the internal constitutional in the Latin American region; all this, based on the new paradigm that supposes the conjunction of the agrarian, the food and the environmental within the concept of timely and equitable access to safe food. This led to the analysis of its legal nature as a principle or as a fundamental right from public international law and Latin American Constitutional Law nurtured by Good Living, contrasted with the sustainable development model. From a qualitative documentary research, it was possible to conclude that food sovereignty is defined transversally; however, the mechanisms for its observance do not have State effectiveness in regard to its necessary elements such as opportunity and safety. In Latin America, elements of the rights of peoples are incorporated from the Sumak Kawsay.
Features of understanding public relations in Ukraine and European countries Yevhen Leheza; Serhii Herasymchuk; Olena Banchuk-Petrosova; Vyacheslav Tylchyk; Volodymyr Rohalskyi
Ius Humani. Jornal do direito Vol 12 No 1 (2023): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v12i1.319

Abstract

The purpose of the research is defining the concept of social relations from the point of view of theoretical, administrative, civil-legal aspects of legal regulation, considering scientists. Main content. The content of the concepts of “public relations” and “social relations” as political and legal entities with different paradigmatic definitiveness is substantiated. Methodology: The methodological basis of the research consists of comparative-legal and system analysis, formal-legal method, interpretation method, hermeneutic and methods of analysis and synthesis. Conclusions. It has been established that the term “public relations” characterizes relations between people, which provide for the unconditional priority of the economy over other spheres of society (political, ideological, cultural), where there is no place for a person with his values, rights and freedoms. At least, the latter do not acquire proper regulatory support.
Dogmatic Analysis of the Tension Between the Rights of Nature and Large-Scale Mining, Within the Framework of the Ecuadorian Constitution. Carla Grefa Valencia; William Sacher Freslon
Ius Humani. Jornal do direito Vol 12 No 2 (2023): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v12i2.320

Abstract

With the 2008 Constitution, Ecuador became a pioneer in the constitutional recognition of nature as a legal subject, while at the same time promoting large-scale mining and placing it at the center of its economic future. Against this backdrop, the article focuses on the analysis of possible dogmatic contradictions within the Ecuadorian legal framework, between the rights of nature and mining rights related to large-scale mining operations. In this sense, a synthesis of the trajectory and development of the rights of nature in Ecuador is presented, as well as the historical passage of large-scale mining in the country and a brief synthesis of the environmental impacts documented in the academic literature. Based on this, a series of points of dogmatic tension were identified, according to the terms of the Ecuadorian Constitution. For the development of this article, the theoretical-doctrinal method was used, through two levels: hermeneutic and theoretical-dogmatic. It is argued that the Ecuadorian legal regime has not been constructed or updated to integrate the premises of the constitutional recognition of the rights of nature nor the potential violations of these rights caused by large-scale mining activities.

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