no one shall be arbitrarily deprived of the right to enter their own country . Unlike other rights of movement that flow from article 12, limitations on the right to re-entry require far greater justification. The Human Rights Committee has stated that there are “ few, if any, circumstances in which deprivation of the right to enter one’s own country could be reasonable ”. The COVID-19 pandemic is the first of its kind in the post-war era and to emerge since the global ascension of the rights paradigm. There is no UNHRC jurisprudence as yet regarding how a pandemic or public health emergency interacts with the rightof re-entry. The outcome of the Australian complaint may provide guidance for other states and in future pandemics.
ZaöRV 77 (2017), 57-59
Humanising the Rightof Self-Defence Guy Keinan *
Non-state actors have occupied the landscape of jus ad bellum discourse for some time now, with the focus of the discussion occasionally shifting as a result of contemporary international events. Nowadays, the discussion focuses on whether self-defence against non-state actors may be exercised in the territory of another state without its consent. States and scholars have been increasingly resorting to the “unable or unwilling” test in this context, which allows self-defence to be invoked where a state (hereinafter: “the ter- ritorial state”) is either unwilling or unable to effectively repel an armed at- tack carried out from within its territory.
In der amerikanischen Rechtsprechung wurde ein so genanntes "Rightof Privacy" entwickelt. Dieses hat sowohl einen verfassungsrechtlichen als auch einen delikts- rechtlichen Anknüpfungspunkt. Nach einer ausführlichen Darstellung der verfas- sungsrechtlichen Vorgehensweise wird in einem zweiten Schritt die Entwicklung im Deliktsrecht dargestellt. Während im Verfassungsrecht die Entwicklung noch sehr im Fluss ist, haben sich im Deliktsrecht inzwischen vier kleine Fallgruppen herausgebildet. Diese sind das Eindringen in den privaten Bereich (Intrusion), die Veröffentlichung von Privatangelegenheiten (Unreasonable Publicity of Private Facts), die Berichterstattung, die eine Person in der Öffentlichkeit in ein falsches Licht setzt (False Light Publicity) und schließlich die kommerzielle Verwendung einer Person (Appropriation). Sowohl in verfassungsrechtlicher als auch in zivil- rechtlicher Hinsicht folgt eine Begutachtung der deutschen Literatur und Recht- sprechung zu den im amerikanischen Recht aufgeworfenen Fragestellungen. Die Untersuchung konzentriert sich auf die Problemgruppen, die auch in den USA di- skutiert werden, um den Hauptaspekt des Vergleiches der Rechtsordnungen nicht zu verschleiern. Damit wird lediglich ein Ausschnitt des gesamten deutschen Per- sönlichkeitsrechts behandelt und gleichzeitig auf bestimmte Einzelprobleme fo- kussiert.
While our rescaled scores exhibit good convergent validity after correcting for differen- tial item functioning, unscaled scores do not always share the same properties. We calcu- late unscaled party locations by simply taking the mean party placement of each party on the 11-point scale, and plot our scaled scores against the unscaled ones with a regression line on the right panel of Figure 1. These scores not only differ significantly, but yield a completely different configuration of parties. While Labour, the Liberal Democrats, and the Conservatives are still aligned from left to right, there is substantial movement among all other parties. Under the unscaled means, the three smaller leftist parties (the Greens, Scottish Nationals, and Plaid Cymru) are all located to the left rather than the rightof Labour. Furthermore, both the UK Independence Party and the British National Party are located to the left of the Conservatives. Expert survey data suggests, however, that the British National Party is to the rightof the Conservatives (Hooghe et al., 2010). Even more distressing is the high degree of confidence that is implied by these estimates — each line on the plot captures the 95% confidence interval of each estimate, so we can reject the possibility that the UK Independence Party and the British National party is to the rightof the Conservatives. 13
each of the 645 most frequent word stems that we identified in our entire body of Facebook posts. 8
Figure C.4 presents the distribution of the β coefficients estimated from Equation 5, across 645 stems. First, it is noticeable that the distribution of point estimates is skewed to the rightof zero: this indicates that the language used by the AfD, after March 2015, becomes more varied. Second, vertical dashed lines in the figure show the positioning of the point estimates relating to key words used so far. Confirming the results of Table C.1, we see that “Euro” and “Greece” are to the left of zero, whereas the usage of words such as “Islam”, “asylum”, and especially “Germany” increases dramatically for the AfD after March 2015, relative to other parties. Third, it is also noticeable that a traditional mainstay of conservative political ideology, the “family”, does not move into the focus of the AfD’s rhetoric: the point estimate is very close to zero. We see this as suggestive of the fact that the post-March 2015 turn experienced by the AfD was explicitly nationalistic and xenophobic (anti-Muslim), not merely conservative.
A right-sided aortic arch was diagnosed when the transverse arch was to the rightof the trachea in the three-vessel-trachea view. Subsequently, the aortic arch and DA form a U-shaped configuration with the trachea between the two vessels (so- called U-sign) (Fig. 1 a, b). In almost all the cases, the DA is left sided. In cases of a right-sided DA, the aortic arch and the duct are placed to the rightof the trachea and form a V-shaped configuration. All the cases of RAA were exam- ined by a subspecialist in fetal or fetal–maternal medicine to confirm the diagnosis and whether there were any other malformations present. The fetal thymus was not examined in cross-sectional planes. Fetal MRI was performed for addi- tional information concerning possible intra- and extracar- diac abnormalities. Perinatal and postnatal echocardiographic examination was performed through a specialist in fetal echo- cardiography. Karyotyping for diagnosis of 22q11 deletion was offered to each patient. The outcomes observed were associated intracardiac and/or extracardiac malformations and neonatal outcome related to associated malformations, chromosomal abnormalities, such as 22q11 microdeletion and trisomy 21. Postnatal symptoms related to compression of trachea/esophagus and surgery due to vascular ring symp- toms. Additional data, such as gestational age at diagnosis and fetal and neonatal outcome were also collected.
The language family ROWJ is not closed under the operations of intersection, intersection with regular languages, reversal, concatenation, concatenation with regular languages from the right, Kleene star, Kleene plus, and substitution. All these properties were proven in . In the following we will show that ROWJ is also not closed under the operations of union, union with regular languages, complement, concatenation with regular languages from the left, homo- morphism, λ-free homomorphism, inverse homomorphism and permutation closure. However, we will prove one positive closure result: the family ROWJ is closed under concatenation with prefix-free regular languages from the left.
structed (de Graaf/Wagenaar/Hoenderboom, chapter 7). The American political scientist Michael Johnston has defined corruption as ‘the abuse, according to the legal or social standards constituting a society’s system of public order, of a public role or resource for private benefit’ (Johnston 1996: 331-334). He invites us to investigate how the content of notions of abuse, public role, and private benefit are contested in specific places and at specific times. Johnston is interested in finding out how clashes over the boundaries between public and private, politics and administration, in- stitutions and sources of power, state and society, private and collective interests, and the allocative limits of the market develop, because it is precisely during such conflicts that concepts such as integrity and corrup- tion acquire their meaning (Johnston 1996). From such a cultural or con- structivist perspective, corruption manifests as a specific type of social relationship. Its social meaning must be understood with reference to its social setting (Sissener 2001). Consequently, the meaning of deviancy varies from society to society and throughout history. There is neither a universal understanding of corruption (or nepotism or deviancy) nor are the phenomena grounded in the dark side of humans. Instead they repre- sent social mechanisms to achieve solidarity between and within kinship groups (Tänzler 2007). According to this understanding, focusing on the perceptions of corruption reveals the social construction of reality. Em- pirical research therefore emphasizes the importance of narratives and ar- guments in understanding the subjective perspective of reality.
(Braunoderm®). The second intercostal space is the proper approach to obtain the target vessels. By using a surgical scalpel, a 1 cm long incision was made on the skin of the left thoracic region of the mouse. The chest muscles were kept back with a few self-made retractors prepared from dulled 20G needles. Intercostal muscles in the second intercostal space were incised and the incision was also kept open carefully with the help of self-made retractors. In order to visualize the main pulmonary trunk the pericardium was mobilized with the help of a forceps. Careful dissection of the pulmonary trunk from the ascending aorta and left atrium was carried out by a blunt forceps until making a tunnel under the pulmonary trunk. Afterwards, a small titanium hemoclip (Weck Hemoclip® Traditional) was positioned around the pulmonary artery to induce constriction with a width of 0.35 mm which corresponds to a stenosis of 65- 70% . Subsequently, interrupted suturing technique with non-absorbable sterile surgical suture (6-0 Prolene) was used to close the chest area around adjacent ribs. The same thread and continuous suturing technique was used for closure of the skin incision. The wound was treated with a mixture of 50% 2-propanol and 1% povidone-iodine solution. After surgery, the mice received 100 µl of a 5% glucose solution subcutaneously. After recovery from anesthesia and gaining back all reflexes, the animal was extubated. The mice were then transferred to a standard rodent cage with free access to food and water in a room of a temperature of 25°C for a few hours until transfer to the animal facility. Depending on clinical findings, one dose or a few doses of buprenorphine hydrochloride (0.1 mg/kg) was given subcutaneously.
representation, judicial quality directly affects the legitimacy of individual decisions. If judges are not independent, if they are biased or if they lack basic legal skills, their decisions are not worth the paper they are written on. The creation of the article 255 TFEU Panel serves the purpose of safeguarding basic judicial quality. As national selection procedures might fall pray to political party infighting or bureaucratic malpractice, judicial quality might not get the attention it deserves. We may quarrel over the exact criteria set by the Panel (20 years experience is truly ridiculous), but it is good that the Panel eliminates the wrong kind of politics from the appointment-process.
the seals in the North Sea. This was legally absurd – neither are seals entitled to fundamental rights, nor did Greenpeace e.V. have power of attorney to act in their name – but in reality it was not a legal dispute, but a political action with the purpose of triggering appropriate reporting, thematization and publicity in the media (…). The foreseeable rejection of the constitutional complaint was not actually experienced by Greenpeace’s supporters as a defeat but, conversely, as confirmation of their own view that the existing political and social system has serious shortcomings that would stand in the way of effective environmental protection. Quod erat demonstrandum."
Many people deserve my thanks. I am very grateful to Professor Ulrich Knauer for supervising this work, for his support and valuable advices. I thank Pro- fessor Mati Kilp for being a reviewer of my dissertation, for his valuable hints and for the opportunity to spend some time at the University of Tartu. A big thank for the hospitality and the inspiring atmosphere to all members of the Algebraic Institute of the University of Tartu.
powerful feeling within the United States that some- thing has gone very wrong the past decade. Equally importantly, Obama acknowledges this grim truth, but has a sunny outlook, also in line with general Ameri- can feelings, that while there are serious problems, the American people together have the ability to overcome them. Hard reality mixed with sunshine is a quintes- sentially American message that Obama radiates. Finally, there is the question of race. Or better put, there is the non-question of race with Obama. There has been a lot of bad news for the United States over the past years: Iraq; the terrible damage done to Amer- ican foreign policy by neo-conservatism; the sub-prime mortgage crisis; gas prices going through the roof; one American public diplomacy disaster after another; the rise of new powers such as the BRICs (Brazil, Russia, India, China). Obama offers some desperately needed good news. For he beguilingly, just by being who he is, offers Americans a chance to finally escape from the snake that has lingered in the garden of the country since its founding; the problem of race.
Despite the importance of the environmental protection by people and for people, the concept of the fundamental human right to have a healthy, ecologically balanced environment and also the necessity of its acknowledgement and guarantee has crystallized and structured only in the second half of the twentieth century. The unsatisfactory results of various international meetings about environmental issues are primarily due to the disproportions between levels of development from different areas of the planet. On the other side, the ecological imbalance developed in time and got worse. A good proof is the international, regional and national concerns from the past twenty years. Even the names given to recent UN environment: conferences: in 1972 (Stockholm) – The UN Conference for Environment, in 1992 (Rio de Janeiro) – The UN Conference for Environment and
We attempt to disprove the statement about multiplicity of equally important political dimen- sions with an example of German political space represented by 28 political parties who partici- pated in the 2013 Bundestag (federal) election. We consider the official party positions on 38 topical issues declared shortly before the election [Bundeszentrale für politische Bildung 2013] and associate the parties with vectors of their policy profiles in the corresponding 38- dimensional political space. The statement in question, that the left-right axis is no longer pre- dominant, would imply that the party vectors should be scattered more or less homogeneously, resulting in a ball-shaped cloud of ‘observations’. However, the Prime Component Analysis (PCA) reveals that the party vectors actually constitute a thin ellipsoid, whose two longest diam- eters explain 83.4% of the total variance. The consequent party ordering is the left-right align- ment.
A new aspiration to the idea of democracy should be given in this direction, and this can be derived from the very essence of the democratic idea. Democracy means equality. Equal participation in political decisions. The idea of equality again derives from the concept of freedom in the sense that anyone who participates equally in political decisions ensures equal freedom (Notter, 2012: 2). This is precisely why we accept political decisions even if our view belongs to the minority. We know that next time we will have the opportunity to be in the majority. But this presupposes various things: The circle of decision-makers cannot be arbitrarily narrow. If a relevant group is permanently excluded from participation, democracy loses its legitimacy. It is therefore necessary to safeguard the rights of individual freedom and to pose limits as far as private space is concerned. It is also imperative that there exists a space of political debate and confrontation and therefore the protection of open communication. It needs also free areas of research and knowledge generation - one ca not vote on the validity of scientific knowledge. (Notter, 2012:1). These presuppositions of democracy arise from the main democratic idea. They are not brought from the outside, but are inherent in democracy. But how can these conditions be ensured?
3D volume assessment yields end-diastolic and end-sys- tolic volumes as well as ejection fraction and stroke volume. It is not affected by regional variations in RV contractility or passive right heart motion. 3D echocardiography was occa- sionally used by 4% of the respondents and regularly used by 1% in clinical routine. 3D echocardiography requires dedi- cated software and hardware, which may not be available at many centers. Advanced and expensive imaging systems are available at university hospitals and usually do not exist in smaller hospitals or medical offices. Thus, it was no sur- prise to note that 3D echocardiography is available more frequently in university hospitals than in other settings (8 vs. 3%, p < 0.001). Time and experience also play a role. A multi-beat 3D dataset of the right ventricle including offline analysis requires significantly more time than TAPSE and S′ and—in addition—the skill to acquire loops with very good image quality. It is used significantly less often by beginners than by advanced echocardiographers.
As Daniel Bell underlined, some intellectuals in the 1970s, mostly disillusioned by leftist ideology, oriented themselves toward the right for the first time since World War II, creating the neo-conservative movement (Bell, 1980: 149-150). Neo- conservatism emerged, on the socio-economic side, as a reaction against the postwar consensus on Keynesian political economy, the “collectivist age”, and the rapid growth and costs of the welfare system. This movement advocated, in contrast to the “overloading” burden of the state provisions, the revival of the liberal laissez- faire principles, the free market, individual entrepreneaurity, privatisation of the public sector, and cuts in the welfare system. The new feeling regarding socio-economic policy came together with major value changes; as a result, authority, hierarchy, patriotism, the role of the family and traditional moral values have been partly re -emphasised and partly redefined in response to post- materialist issues. The neo-conservatism is nurtured by different and even contradictory contributions: in fact, “liberals” concern with liberty, freedom and progress does not correspond with conservatives “emphasis upon the organic unity of society and the state, hierarchy and the negative consequences of economic activity” (King, 1987: 24-25). But the dominant emphasis of neo- conservatism does not rely upon freedom and individualism against the danger of a bureaucratic and collectivist society but rather upon traditional and neo- conservative values.