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UN Standards of Conduct for Business on Tackling Discrimination against LGBTI+ People 《联合国处理歧视LGBTI+人群的商业行为标准》
Pub Date : 2023-05-20 DOI: 10.56345/ijrdv10n1s125
Mentor Isufaj
This work will particularly focus on the discrimination against LGBTI+ community with respect to the right to equal employment opportunities, including employment application stage, recruitment process and work environment once a person is already employed. There are different practical and theoretical approaches and theories featuring in the academic and political discussions on the matter. Both academia and praxis provides us with evidence to conclude that the issue of discrimination at work for the LGBTI+ community continues to exist, even though there may be legal and institutional provisions in place that protect them. The aim of the study is to critically analyze the current situation in light of the recommendations that the United Nations’ Office of the High Commissioner for Human Rights (OHCHR) published in 2017 in its report titled “Standards of Conduct for Business on Tackling Discrimination against LGBTI people”. Among others, this paper seeks to identify the relevant legal aspects of the United Nations Standards of Conduct for Business, in particular identifying their innovative and original feature as well as engaging with the criticism that was directed at it. To achieve the aforementioned goals, we will provide conceptual background information with regard to sexual orientation and gender identity as well as employment discrimination based on sexual orientation and its various forms. Secondly, we will focus on the consequences associated with this form of discrimination that have been identified so far. Lastly, we will assess the specific United Nations tool, which constitutes a core theme of this work, aimed at addressing discrimination at workplace of LGBTI+ people. Although sexual orientation and gender identity should in principle have nothing to do with an employee’ performance in the workplace, researchers has documented that almost half (46%) of LGBT employees in the United States feel secluded in the workplace. A key aspect for minimizing the phenomenon of discrimination in work based on sexual orientation and gender identity is a continuing awareness-raising effort with the help of the media, aiming to form all individuals in a belief that no one has the right to judge an employee’s job performance based on his or her sexual preferences. Also, the demonstration of positive practices by the employer and the promotion of a positive environment within the staff are key to avoiding conflicts at work. In addition, an ever-increasing and close cooperation between the institutions that protect the rights of the LGBTI+ community, such as non-profit organizations that focus on protecting LGBTI+ people, and LGBTI+ people themselves could change the situation at work.   Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023
这项工作将特别关注LGBTI+社区在平等就业机会方面的歧视,包括就业申请阶段,招聘过程和工作环境,一旦一个人被雇佣。学术界和政界对这一问题的讨论有不同的实践和理论方法和理论特色。学术界和实践都为我们提供了证据,证明LGBTI+群体在工作中受到歧视的问题仍然存在,尽管可能有保护他们的法律和制度规定。这项研究的目的是根据联合国人权事务高级专员办事处(人权高专办)在2017年发表的题为“解决歧视LGBTI人群的商业行为标准”的报告中的建议,批判性地分析当前的情况。除其他外,本文试图确定《联合国商业行为标准》的相关法律方面,特别是确定其创新性和原创性,并对针对该标准的批评进行处理。为了实现上述目标,我们将提供有关性取向和性别认同的概念背景资料,以及基于性取向的就业歧视及其各种形式。第二,我们将集中讨论迄今已查明的与这种形式的歧视有关的后果。最后,我们将评估具体的联合国工具,这是这项工作的核心主题,旨在解决工作场所对LGBTI+人群的歧视。虽然性取向和性别认同原则上应该与员工在工作场所的表现无关,但研究人员已经证明,美国近一半(46%)的LGBT员工在工作场所感到被孤立。尽量减少工作中基于性取向和性别认同的歧视现象的一个关键方面是在媒体的帮助下不断提高认识,旨在使所有人都相信,没有人有权根据员工的性取向来评判他或她的工作表现。此外,雇主展示积极的做法,并在员工内部促进积极的环境,是避免工作冲突的关键。此外,保护LGBTI+群体权利的机构,如专注于保护LGBTI+群体的非营利组织,与LGBTI+群体自身之间日益密切的合作,可能会改变工作中的情况。收稿日期:2022年5月05日/收稿日期:2023年5月16日/发表日期:2023年5月20日
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引用次数: 0
European Cultural Cooperation Projects in the Western Balkans 西巴尔干地区的欧洲文化合作项目
Pub Date : 2023-05-20 DOI: 10.56345/ijrdv10n1s108
Arian Dedej, L. Medici
The EU and the Western Balkans are bound together by enduring cultural connections and a shared goal. In order to advance peace and good neighbourly relations, the European Commission decided in July 2019 to strengthen cultural cooperation in the Western Balkans. The Instrument for Pre-Accession Assistance (IPA II) launched an explicit call based on the Creative Europe Programme, encouraging applicants to suggest a consortium with the majority of partners from the Western Balkans in order to strengthen regional ties and increase local impact. Out of 350 entries, the European Education and Culture Executive Agency (EACEA) chose 13 projects with 91 partners. In order to most effectively heal the wounds left by the wars in the former Yugoslavia and to foster a sense of common citizenship in Europe, these cultural efforts are instances of cultural soft power.   Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023
持久的文化联系和共同的目标将欧盟和西巴尔干联系在一起。为了促进和平与睦邻关系,欧盟委员会于2019年7月决定加强西巴尔干地区的文化合作。加入前援助工具(IPA II)在创意欧洲方案的基础上发出了明确的呼吁,鼓励申请人建议与来自西巴尔干的大多数伙伴组成一个财团,以加强区域联系和增加地方影响。从350个参赛项目中,欧洲教育和文化执行局(EACEA)选择了13个项目,共有91个合作伙伴。为了最有效地治愈前南斯拉夫战争留下的创伤,并在欧洲培养一种共同的公民意识,这些文化努力是文化软实力的实例。收稿日期:2022年5月05日/收稿日期:2023年5月16日/发表日期:2023年5月20日
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引用次数: 1
The Role of Trainings in the Development and Enhancement of Work Performance in the Public and Private Sector 培训在公共和私营部门发展和提高工作绩效方面的作用
Pub Date : 2023-05-20 DOI: 10.56345/ijrdv10n1s115
Ermir Mamaqi
Training is an active learning method that refers to the acquisition and improvement of knowledge, abilities, skills and vocal or practical wonts, as well as knowledge related to specific areas of professional activity. The aim of training is to enhance the abilities and performance of an individual or a specific group. The development and training of employees is the strategic investment of time, energy, and resources in improving the company's personnel. Some of most important advantages of trainings are: Improved Employee Performance; Self-Confidence; Self-Esteem; Self-Image; Increased Team Morale; Development of Employee Skills; Consistency; Enhanced the Reputation and Company Profile; The essence of any training relies in the transformation of three key components of an employee’s qualifications: knowledge, skills, and attitudes. Through training, companies "earn" change in these three parameters. Training serves as a mechanism for improving the efficiency of the enterprise by developing the competencies of its personnel. The goal of any training is to develop specific skills, assess opportunities, and aid in achieving desired results. In this article, we will explore and analyse, among other things, practical cases demonstrating how employee training impacts job performance and final company outcomes.   Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023
培训是一种主动的学习方法,指的是获取和提高知识、能力、技能和口头或实践技能,以及与专业活动的特定领域相关的知识。训练的目的是提高个人或特定群体的能力和表现。员工的发展和培训是对时间、精力和资源的战略性投资,以提高公司的人员素质。培训的一些最重要的好处是:提高员工绩效;自信;自尊;自我形象;提高团队士气;员工技能发展;一致性;提高公司的声誉和形象;任何培训的本质都依赖于员工素质的三个关键组成部分的转变:知识、技能和态度。通过培训,公司“赚取”这三个参数的变化。培训是通过发展企业人员的能力来提高企业效率的一种机制。任何培训的目标都是发展特定的技能,评估机会,并帮助实现预期的结果。在本文中,我们将探索和分析实际案例,展示员工培训如何影响工作绩效和最终公司成果。收稿日期:2022年5月05日/收稿日期:2023年5月16日/发表日期:2023年5月20日
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引用次数: 0
Liability for Causing Damage under European Private International Law: Albanian Rapprochement Framework during the Integration Process Towards the EU 欧洲国际私法下的损害赔偿责任:融入欧盟进程中的阿尔巴尼亚和解框架
Pub Date : 2023-05-20 DOI: 10.56345/ijrdv10n1s113
E. Çela, R. Çela, Endi Kalemaj
In this paper, the responsibility for damage will be dealt with in the field of European private international law. The historical part of causing damage will be dealt with, where we will focus mainly on the provision of national legislation and what international legislation has dealt with! Responsibility will be addressed from the point of view of Regulation II of Rome, some special obligation relationships, focusing on some specific damages which this regulation deals with, and the scope of the appropriate law! The alignment of Rome II Regulation with Albanian internal legislation will be addressed. First, we will deal with the historical part of the paper, how it was treated at the time of Zog and until today, then we will continue with the treatment of the current and international legislation, bringing the comparative part and the innovation in the domestic legislation and will to conclude with some conclusions which should be in the attention of the legislators for the future. When a damage is caused, which comes as a result of human actions, a civil legal relationship arises. The damager who causes this legal relationship must be held responsible, this requires certain stages to be passed where it is determined what is the damage that has occurred, the conditions that must be met, the calculation of the facts, the legitimacy that the parties have process etc. The cause of damage is divided into two categories, contractual and non-contractual damage. That part of the law that regulates contractual and non-contractual damages recognizes the right of persons to be compensated for the damages that may have been caused to them as a result of the breach of contract or the commission of any illegal action. The other commonality between the two types of damages is the reason for exemption from responsibility for causing these damages, which can be force majeure, extreme necessity.   Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023
本文将从欧洲国际私法的角度探讨损害赔偿责任问题。我们将处理造成损害的历史部分,我们将主要关注国家立法的规定和国际立法已经处理了什么!本文将从罗马法规II的角度来论述责任,一些特殊的义务关系,重点讨论该法规处理的一些具体损害赔偿,以及相应法律的适用范围!将讨论《罗马II条例》与阿尔巴尼亚国内立法的一致性。首先,我们将处理论文的历史部分,它是如何处理的,在佐格的时间,直到今天,然后我们将继续处理当前和国际立法,带来比较部分和国内立法的创新,并将得出一些结论,应该在立法者的注意,为未来。当人类行为造成损害时,民事法律关系就产生了。造成这种法律关系的损害者必须承担责任,这需要经过某些阶段,确定已经发生的损害是什么,必须满足的条件,对事实的计算,当事人的合法性等。损害的原因分为合同损害和非合同损害两大类。规定合同和非合同损害赔偿的那部分法律承认,个人有权因违反合同或采取任何非法行动而可能对其造成的损害得到赔偿。这两种损害之间的另一个共同点是可以免除责任的原因,可以是不可抗力、极端必要。收稿日期:2022年5月05日/收稿日期:2023年5月16日/发表日期:2023年5月20日
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引用次数: 0
Social Protection Through Adequate Minimum Wage in the States of the European Union 欧洲联盟各国通过适当的最低工资实现社会保护
Pub Date : 2023-05-20 DOI: 10.56345/ijrdv10n1s119
D. Țop, M. Hrestic
The need to improve living and working conditions in the European Union, but also the idea of ensuring economic and social progress within it, required that the minimum income of each worker could be determined transparently and predictably by each member state, in accordance with social reality and in accordance with national legislation. Directive 2.041/2022 on the adequate minimum wage in the EU, states that from the moment of its entry into force (October 2022), member states have two years to transpose the provisions into domestic legislation. Not all EU countries will have the same adequate minimum income. Each state will establish its level according to social and economic conditions, purchasing power, productivity level and the evolution of macroeconomic indicators at the national level, but having as a guide precisely the provisions of the European directive and the principles it includes. Thus, countries that already have a minimum wage per economy are committed to changing its level according to a formula that ensures a decent living, is consistent with the inflation rate and can cover the minimum shopping basket for various necessary goods and services. Member States are recommended to update their minimum wages at least every two years, and in countries using an automatic indexation mechanism, at least every four years. In order to correctly calculate this income, the directive recommends that member states take as a starting point the value of the consumption basket (as provided by national statistical reports), or set this income at 60% of the median salary or at 50% of the salary gross average per economy. For example, a consumption basket for a decent living can be composed of costs for: food, clothing and footwear, housing insurance, furnishing and maintenance, household products and personal hygiene, services, education and culture, health care, recreation and vacation, savings fund. Romania (with just over 600 euros) ranks among the last EU countries, in 20th place out of 22, just ahead of Hungary and Bulgaria, on a scale of this indicator between 2,387 euros in Luxembourg and 399 euros in Bulgaria. The EU directive will generate greater transparency, certainty, stability and predictability on the labor market, and in times of crisis it will become an anchor for vulnerable citizens from EU countries, implicitly also for those from Romania.   Received: 05 May 2022 / Accepted: 15 May 2023 / Published: 20 May 2023
改善欧盟生活和工作条件的需要,以及确保欧盟内部经济和社会进步的想法,要求每个工人的最低收入可以由每个成员国根据社会现实和国家立法透明和可预测地确定。关于欧盟适当最低工资的第2.041/2022号指令指出,自其生效之日(2022年10月)起,成员国有两年的时间将这些规定转化为国内立法。并不是所有的欧盟国家都有同样的适当的最低收入。每个州将根据社会和经济条件、购买力、生产力水平和国家一级宏观经济指标的演变来确定其水平,但必须以欧洲指令的规定及其所包括的原则为指导。因此,已经有了每个经济体最低工资的国家承诺根据一个公式来改变其水平,以确保体面的生活,与通货膨胀率保持一致,并能够涵盖各种必要商品和服务的最低购物篮。建议会员国至少每两年更新一次最低工资,在采用自动指标化机制的国家至少每四年更新一次最低工资。为了正确计算这一收入,该指令建议成员国将消费篮子的价值(由国家统计报告提供)作为起点,或将这一收入设定为工资中位数的60%或每个经济体工资总额的50%。例如,体面生活的消费篮子可以由以下费用组成:食品、服装和鞋类、住房保险、家具和维修、家居产品和个人卫生、服务、教育和文化、医疗保健、娱乐和度假、储蓄基金。罗马尼亚(仅600多欧元)在22个欧盟国家中排名垫底,排在第20位,仅在匈牙利和保加利亚之前,该指标在卢森堡的2387欧元和保加利亚的399欧元之间。欧盟指令将在劳动力市场上产生更大的透明度、确定性、稳定性和可预测性,在危机时期,它将成为欧盟国家弱势公民的支柱,当然也包括来自罗马尼亚的公民。收稿日期:2022年5月05日/收稿日期:2023年5月15日/发表日期:2023年5月20日
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引用次数: 0
Opportunities for the Socio-Economic Development of "Durana" “Durana”社会经济发展的机遇
Pub Date : 2023-05-20 DOI: 10.56345/ijrdv10n1s105
Andela Petraj
Sustainable development of the economy based on growth and territorial development has always been one of the biggest challenges of the central government. Tirana and Durres are two of the largest cities of the Republic of Albania. The expansion of their territorial extent (in some cases formal and in others informal) and the tendency for these two cities to meet brought the need to deal with this situation at the central level. The chaotic constructions, the lack of infrastructure as well as the severe damage to the national natural landscape brought the need to draw up a national strategy for this area. In order to guarantee a sustainable territorial and urban development of this area, the Ministry of Urban Development, in cooperation with the National Territorial Planning Agency, took the initiative to draw up the Intersectional Integrated Plan for the Tirana-Durres area. The main goal of this plan is to create the appropriate infrastructure for a sustainable territorial and economic development. This plan will serve to coordinate and unify local government policies between these areas in order to guarantee the economic, social and environmental development of the region, promoting the economy and improving the environment. At the same time, this strategy will also help as a guarantee for foreign investors and businesses, who are interested in being involved in the further development of the Tirana-Durres metropolitan region. In this paper, some important elements related to the development of this area will be treated, giving a modest contribution to the doctrine of law in Albania.   Received: 05 May 2022 / Accepted: 15 May 2023 / Published: 20 May 2023
以经济增长和地域发展为基础的经济可持续发展一直是中央政府面临的最大挑战之一。地拉那和都拉斯是阿尔巴尼亚共和国两个最大的城市。它们的领土范围的扩大(在某些情况下是正式的,在另一些情况下是非正式的)以及这两个城市相互接触的趋势使得需要在中央一级处理这种情况。混乱的建设,基础设施的缺乏,以及对国家自然景观的严重破坏,带来了制定国家战略的需要。为了保证这一地区在领土和城市方面的可持续发展,城市发展部与国家领土规划局合作,主动为地拉那-都拉斯地区拟订了《交叉综合计划》。该计划的主要目标是为可持续的领土和经济发展创造适当的基础设施。这一规划将有助于协调和统一这些地区之间的地方政府政策,以保证该地区的经济、社会和环境发展,促进经济和改善环境。与此同时,这一战略也将有助于为有意参与地拉那-都拉斯大都市区进一步发展的外国投资者和企业提供保障。本文将讨论与这一领域的发展有关的一些重要因素,对阿尔巴尼亚的法律理论作出微薄的贡献。收稿日期:2022年5月05日/收稿日期:2023年5月15日/发表日期:2023年5月20日
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引用次数: 0
Socio-Economic Perspective in Albania, Objectives and Implementing Instruments 阿尔巴尼亚的社会经济前景,目标和执行文书
Pub Date : 2023-05-20 DOI: 10.56345/ijrdv10n1s133
Albana Demi Mosho, Jona Puci
Every policymaker, before drafting a socio-economic policy, must consider the impact of the drafted policy and the effects on all interest groups. In this paper, economic policies that have a direct impact on society, research instruments, and law enforcement reforms will be presented. The methodology for collecting information, and comparison of legal analysis and data to achieve the results of this paper will be used qualitative and quantitative methods, as well as descriptive methods. The paper is based on a detailed analysis of the sources primary and resources. The study, understanding, and then explanation or drafting of social economic policies cannot be achieved without first studying the main object with which this policy deals, which is money. The descriptive method used in this paper aims to reflect the current state of implementing instruments in Albania. The statistical method was used to analyze the study materials. Every individual, business, and institution carries out its expenses depending on the income. The government realizes its income through taxation and depending on this income it draws up the expenditure plan. This is a rule that no one can avoid.   Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023
每一位政策制定者在起草一项社会经济政策之前,必须考虑所起草的政策的影响以及对所有利益集团的影响。本文将介绍对社会、研究工具和执法改革有直接影响的经济政策。收集资料的方法,以及法律分析和数据的比较,以达到本文的结果将采用定性和定量的方法,以及描述性的方法。本文在详细分析文献来源、文献来源和文献资源的基础上。对社会经济政策的研究、理解、解释或起草,离不开对该政策所涉及的主要对象——货币的研究。本文使用的描述性方法旨在反映阿尔巴尼亚执行文书的现状。采用统计学方法对研究资料进行分析。每个个人、企业和机构的支出都取决于收入。政府通过税收实现收入,并根据这些收入制定支出计划。这是一条任何人都无法避免的规则。收稿日期:2022年5月05日/收稿日期:2023年5月16日/发表日期:2023年5月20日
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引用次数: 0
The “CNN Effect” and Its Influence on US Foreign Policy Decision-Making “CNN效应”及其对美国外交决策的影响
Pub Date : 2023-05-20 DOI: 10.56345/ijrdv10n1s104
Alida Tomja
The “CNN effect” is a term that has been used to describe the influence of 24-hour news coverage on foreign policy decision-making, particularly in the context of the United States. The term was coined in the early 1990s following the Gulf War, during which CNN's live coverage of the conflict was widely credited with shaping public opinion and influencing US foreign policy decisions. Since then, the concept of the “CNN effect” has been the subject of much debate and analysis in the field of media and foreign policy. The aim of this paper is to examine the impact of the 'CNN effect' on US foreign policy, with a specific focus on its role in shaping public opinion and influencing policy outcomes. Through a case study of US foreign policy initiatives in Somalia, this study analyzes the relationship between media coverage and policy decisions. The methodology used in this study involves conducting an in-depth analysis of media coverage and policy decisions in the selected cases. A combination of primary and secondary sources, including news reports, government documents, and academic literature, was used to develop a comprehensive understanding of the “CNN effect” on US foreign policy decision-making. The findings of this study suggest that the “CNN effect” is a real phenomenon that has had a significant influence on US foreign policy decision-making. Media coverage can create pressure on policymakers to take action by generating a sense of urgency and demand for response among the public and other stakeholders. In addition, media coverage can shape the international community's response to a crisis or conflict, which can further influence policymakers. However, the impact of media coverage on foreign policy decisions is complex and multifaceted, as decision-makers must balance the information presented in the media with other factors, such as strategic interests and long-term goals. This paper contributes to the understanding of the relationship between media coverage and foreign policy decision-making, highlighting the importance of considering the influence of media in policy outcomes. Understanding the “CNN effect” can inform the strategies of policymakers, journalists, and the general public in shaping the discourse and decisions of US foreign policy.   Received: 05 May 2022 / Accepted: 18 May 2023 / Published: 20 May 2023
“CNN效应”是一个用来描述24小时新闻报道对外交政策决策的影响的术语,特别是在美国的背景下。这个词是在海湾战争之后的20世纪90年代初创造的,在此期间,CNN对冲突的现场报道被广泛认为塑造了公众舆论,影响了美国的外交政策决定。从那时起,“CNN效应”的概念一直是媒体和外交政策领域争论和分析的主题。本文的目的是研究“CNN效应”对美国外交政策的影响,特别关注其在塑造公众舆论和影响政策结果方面的作用。本研究以美国在索马里的外交政策为例,分析了媒体报道与政策决定之间的关系。本研究使用的方法包括对选定案例的媒体报道和政策决定进行深入分析。本文结合新闻报道、政府文件和学术文献等一手资料和二手资料,全面了解了“CNN效应”对美国外交政策决策的影响。本研究结果表明,“CNN效应”是一个真实存在的现象,对美国的外交政策决策产生了重大影响。媒体报道可以通过在公众和其他利益攸关方中产生紧迫感和要求作出反应,从而对决策者施加压力,迫使他们采取行动。此外,媒体报道可以影响国际社会对危机或冲突的反应,从而进一步影响决策者。然而,媒体报道对外交政策决定的影响是复杂和多方面的,因为决策者必须平衡媒体提供的信息与其他因素,如战略利益和长期目标。本文有助于理解媒体报道与外交政策决策之间的关系,强调了考虑媒体在政策结果中的影响的重要性。了解“CNN效应”可以为政策制定者、记者和普通公众在塑造美国外交政策的话语和决策时提供信息。收稿日期:2022年5月05日/收稿日期:2023年5月18日/发表日期:2023年5月20日
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引用次数: 0
Public Services, Community, and Its Involvement in Decision-Making for Local Development 公共服务、社区及其对地方发展决策的参与
Pub Date : 2023-03-20 DOI: 10.56345/ijrdv10n102
Parashqevi Draçi, Anxhela Laska
Nowadays, the comprehensive approach to the decision-making of local government and the community is increasingly emphasized as an important factor without which there can be no sustainable development. Community participation in decision-making for the allocation of economic resources in the public sector is an important issue that is closely related to the economic efficiency of the use of resources and the consolidation of democracy in a country. Community participation in decision-making, as one of the essential elements of sustainable development, creates appropriate interaction and makes residents self-direct their behavior in accordance with the objectives of sustainable development. The objectives of the study aim to highlight: 1) the important role of the community in public decision-making for the use of economic resources 2) solving problems begins with the participation of residents in local government decision-making, 3) residents' perception of public services provided by the government local, 4) residents' perception of participation in public decision-making for the allocation of economic resources by the local government. The research method in this study is based on the literature study, analysis, and monitoring carried out by independent institutions and organizations on community participation in local government decision-making and on the qualitative technique for collecting primary data through interviewing residents in the study area. The results of the data analysis show that most of the interviewed residents do not know the development plans of their settlement. But the communities themselves have already realized that their participation in the planning process for the development of their settlements is necessary. For this reason, the local government and all other actors must create effective mechanisms to ensure the participation of residents in decision-making for local development, making the process more participatory and inclusive.   Received: 10 January 2023 / Accepted: 19 February 2023 / Published: 20 March 2023
如今,地方政府和社区的综合决策越来越受到重视,这是一个重要的因素,没有它就没有可持续发展。社区参与公共部门经济资源分配的决策是一个重要问题,它与一个国家使用资源的经济效率和巩固民主密切相关。社区参与决策是可持续发展的基本要素之一,它创造了适当的互动,使居民按照可持续发展的目标自我指导自己的行为。本研究旨在强调:1)社区在经济资源使用公共决策中的重要作用;2)解决问题始于居民参与地方政府决策;3)居民对地方政府提供的公共服务的感知;4)居民对地方政府参与经济资源配置公共决策的感知。本研究的研究方法基于独立机构和组织对社区参与地方政府决策进行的文献研究、分析和监测,以及通过对研究区域居民进行访谈收集原始数据的定性技术。数据分析的结果显示,大部分受访居民并不知道自己居住的小区的发展规划。但是各社区本身已经认识到,他们必须参与发展其住区的规划进程。因此,地方政府和所有其他行为体必须建立有效的机制,确保居民参与当地发展的决策,使这一过程更具参与性和包容性。收稿日期:2023年1月10日/接受日期:2023年2月19日/发布日期:2023年3月20日
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引用次数: 1
Tribunal for the Russian Aggression in Ukraine: The Need for Accountability 俄罗斯侵略乌克兰的法庭:问责的必要性
Pub Date : 2023-03-20 DOI: 10.56345/ijrdv10n111
Elvina Jusufaj
The Russian aggression against Ukraine has raised the need for accountability and international rule of law. Russia through committing the supreme international crime has deliberately violated basic international principles and norms such as state sovereignty and territorial integrity of Ukraine and the prohibition of the use of force. Member states of the United Nations drafted and agreed to create the International Criminal Court to punish the most serious crimes. The Kampala amendments of the Rome Statute on aggression, adopted a decade later, can be activated if the two states concerned have accepted ICC jurisdiction. Russia and Ukraine are not members of ICC, although the unilateral declarations of Ukraine accepting ICC jurisdiction can be exercised for war crimes, crimes against humanity and genocide committed in the territory of Ukraine. The lack of an international mechanism to punish the crime of aggression against Ukraine have triggered calls and actions to create a special tribunal with a limited focus on that crime, based on the development of international criminal law over the past eighty years. The EU recently agreed to establish an International Center for the prosecution of the crime of aggression – to preserve evidence and prepare the analysis of the evidence for the prosecution for future national or international trials – which is considered a first step in that direction. This research will analyze options to create either a special international tribunal or a hybrid tribunal to investigate whether Russia’s acts of violence in Ukraine constitute a crime of aggression and their prosecution. It will examine the legal basis of its establishment and functioning of the tribunal based on previous precedents, such as the International Military Tribunal (Nuremberg), or other specialized courts integrated in a national justice system with international judges – hybrid court. It will also explore the indispensable role of the United Nations in establishing such a tribunal and its implications in ending the conflict.   Received: 13 January 2023 / Accepted: 17 March 2023 / Published: 20 March 2023
俄罗斯对乌克兰的侵略提高了问责制和国际法治的必要性。俄罗斯犯下了最高的国际罪行,蓄意违反了乌克兰的国家主权和领土完整以及禁止使用武力等基本国际原则和准则。联合国成员国起草并同意建立国际刑事法院,以惩罚最严重的罪行。十年后通过的《关于侵略的罗马规约》坎帕拉修正案,如果有关两国接受国际刑事法院的管辖权,就可以启动。俄罗斯和乌克兰不是国际刑事法院的成员,尽管乌克兰接受国际刑事法院管辖权的单方面声明可以对在乌克兰境内犯下的战争罪、危害人类罪和种族灭绝罪行使管辖权。由于缺乏惩罚侵略乌克兰罪行的国际机制,人们呼吁并采取行动,根据过去八十年来国际刑法的发展,建立一个特别法庭,有限地关注这一罪行。欧盟最近同意建立一个起诉侵略罪的国际中心- -保存证据并准备对证据进行分析,以便将来进行国家或国际审判- -这被认为是朝这个方向迈出的第一步。本研究将分析设立特别国际法庭或混合法庭的选择,以调查俄罗斯在乌克兰的暴力行为是否构成侵略罪,并对其进行起诉。它将根据以往的先例,如国际军事法庭(纽伦堡)或其他与国际法官合并为国家司法系统的专门法院- -混合法院,审查其设立和运作法庭的法律基础。它还将探讨联合国在设立这样一个法庭方面的不可或缺的作用及其对结束冲突的影响。收稿日期:2023年1月13日/接受日期:2023年3月17日/发表日期:2023年3月20日
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引用次数: 1
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Interdisciplinary Journal of Research and Development
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