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Some aspects of the regulatory environment in the EU multilingualism policy and in multinational Kazakhstan 监管环境的一些方面在欧盟的多语言政策和在多国哈萨克斯坦
Pub Date : 2021-03-16 DOI: 10.26577/IRILJ.2021.V93.I1.01
M. Gubaidullina, S. Ixanova
Multilingualism and ethnic diversity are becoming an integral part of any integration entity, such as the European Union or any geographic region with a large ethnic composition and different cultural traditions. Integration of entire regions, international mobility and migration of the population lead to the adoption of policies aimed at the formation of a multicultural society. The globalization and the abolition of borders increase the risks of conflicts on national, ethnic and linguistic grounds. For the multinational region of Central Asia, the experience of such a multilingual organization as the European Union is important in connection with the process of forming regional identity. The multilingualism policy is defined in the EU regulations, guarantees direct access to information and justice equally for all EU citizens. The article argues that the normative experience of the EU multilingualism is acceptable for any multinational state. On its territory, the 24 languages have equal status. These policies have their own peculiarities, most notably in institutional practice and norm-setting. These policies intersect on many fronts with common European cultural and educational policies, and even in the field of sustainable development.
多种语言和种族多样性正在成为任何一体化实体的组成部分,例如欧洲联盟或具有大量种族组成和不同文化传统的任何地理区域。整个区域的一体化、人口的国际流动和移徙导致采取旨在形成一个多元文化社会的政策。全球化和边界的废除增加了民族、种族和语言冲突的风险。对于中亚的多民族区域来说,欧洲联盟这样一个多语言组织的经验在形成区域特性的过程中是重要的。多语言政策在欧盟法规中明确规定,保证所有欧盟公民平等地直接获得信息和司法公正。本文认为,欧盟多语言制的规范经验对任何多民族国家都是可以接受的。在其领土上,24种语言享有同等地位。这些政策有其自身的特点,最明显的是在制度实践和规范制定方面。这些政策在许多方面与欧洲共同的文化和教育政策,甚至在可持续发展领域都有交集。
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引用次数: 0
Public diplomacy of Japan in Central Asia: the examples of Uzbekistan and Kazakhstan 日本在中亚的公共外交:以乌兹别克斯坦和哈萨克斯坦为例
Pub Date : 2020-12-31 DOI: 10.26577/irilj.2020.v92.i4.01
A. Palkova, K. Bukovskis, M. Shamilov
This study focuses on the role of public diplomacy in shaping and implementing Japan’s foreign policy in Central Asia. Based on elements of cultural empathy, Japan creates an attractive image in Central Asia through the active use of public diplomacy resources and official development assistance. The central issue is that Japan uses public diplomacy in Central Asia more actively than is officially indicated. The dynamics of the development of foreign policy relations between Japan and Central Asia (CA) is examined by analyzing the examples of Kazakhstan and Uzbekistan, focusing on common areas of cooperation and manifestations of public diplomacy in the two countries. Qualitative research methods are used in work, including analysis of the content of documents and interviews. Both in the documents and responses in the interviews, in line with a constructivist approach to international relations, evidence was sought on how Japan identifies and promotes itself with the CA region and the countries concerned, and on the use of public diplomacy as a social power tool respectively. It was concluded that Japan has several areas of interest in Uzbekistan and Kazakhstan, including cooperation in the fields of education, economic development in the region, political reforms, and energy resources. Following Japan’s new initiative in 2015, the countries of Central Asia and Japan have established diplomatic ties and partnerships that continue to grow. Even though the analyzed documents seem to show that Japan’s interest in CA is low, the existence of implemented projects proves the opposite.
本研究的重点是公共外交在塑造和实施日本在中亚的外交政策中的作用。基于文化移情的要素,日本通过积极利用公共外交资源和官方发展援助,在中亚地区塑造了具有吸引力的形象。核心问题是,日本在中亚的公共外交比官方所表明的更为积极。通过分析哈萨克斯坦和乌兹别克斯坦的例子,研究了日本和中亚(CA)之间外交政策关系发展的动态,重点关注两国的共同合作领域和公共外交的表现。定性研究方法在工作中使用,包括分析文件和访谈的内容。在文件和访谈的回答中,根据国际关系的建构主义方法,分别寻求了日本如何在CA地区和有关国家中识别和促进自己的证据,以及如何使用公共外交作为社会权力工具。最后得出的结论是,日本在乌兹别克斯坦和哈萨克斯坦有几个感兴趣的领域,包括教育领域的合作,该地区的经济发展,政治改革和能源资源。根据日本2015年的新倡议,中亚国家与日本建立了外交关系和伙伴关系,并不断发展。尽管分析的文件似乎表明日本对CA的兴趣很低,但实际实施项目的存在证明了相反的情况。
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引用次数: 0
ON HEAVY PENALTY FOR INTERNATIONAL HOMICIDE 关于国际杀人罪的重刑
Pub Date : 2020-09-25 DOI: 10.26577/irilj.2020.v91.i3.05
T. Shuyun
The crime of intentional homicide in criminal law of various countries is the first mission. Domestic scholars focus attention on the crime of intentional homicide at normative level and legal philosophy level. Author conducts inspection of intentional homicide from four aspects: аt the normative level, expands the crime ladder of Beccaria, and explains the function of criminal law sentenced to felony for committing homicide; аt the crime level, explains the necessity of killing penalties from anthropological and sociological level; аt the philosophical level, discusses the philosophical presupposition of punishing on homicide from moral and legal responsibility; аt the political level, discusses the inevitability of homicide in elements of nature before the modern society. The author i explains in the article the purpose of criminal law on human right’s protection. The legal protection of the right to life is bound to be a category of moral rationality. Therefore, the protection of the victim’s right of life should belong to the category of criminal law. Key words: intentional homicide, crime, responsibility, protection of victims, national fines.
故意杀人罪是各国刑法中的第一使命。国内学者对故意杀人罪的研究主要集中在规范层面和法哲学层面。笔者从四个方面对故意杀人罪进行考察:一是在规范层面,拓展了贝卡利亚的犯罪阶梯,阐释了杀人罪判处重罪的刑法功能;在犯罪层面,从人类学和社会学层面说明死刑的必要性;哲学层面,从道德责任和法律责任两方面论述了对杀人罪进行惩罚的哲学前提;在政治层面上,论述了现代社会前自然要素中杀人的必然性。本文阐述了刑法保护人权的目的。生命权的法律保护必然是道德理性的范畴。因此,对被害人生命权的保护应属于刑法范畴。关键词:故意杀人,犯罪,责任,被害人保护,国家罚款。
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引用次数: 0
USES OF MIGRANTS’ REMITTANCES IN THE HOME COUNTRY: FOCUSING ON THE CASE OF PAKISTANI LABOR MIGRANTS IN SOUTH KOREA 移民汇款在本国的使用:以在韩国的巴基斯坦劳工移民为例
Pub Date : 2020-09-25 DOI: 10.26577/irilj.2020.v91.i3.03
Kyungkook Kim, Adnan Muhammad
This research paper has elucidated important factors and international remittance utilization areas in Pakistan. Due to the political and economic situation of the country, the people migrate to developed countries to earn better living standards for themselves and, the left-behind families. As of 2018, the Bureau of Immigration & Overseas Employment, Government of Pakistan counts 15472 Pakistanis living in South Korea. In a bid to fully conduct this research, the structured interviews are conducted with Pakistani labor migrants residing in district Gwangju, South Korea. During the interview, participants are asked about the migration process, difficulties in the settlement, working environment, and volume of monthly remittances sent to their home country. The main purpose of the study is to investigate the current situation of Pakistani labor migrants in South Korea and to explore how their remittances are being utilized by their family members in Pakistan. Pakistani labor migrants are migrating to Korea through the Bureau of Immigration & Overseas Employment, Government of Pakistan, to work in Korean factories. The observed motive of migration is the income generation that is utilized to improve the living standard of their families in Pakistan. As this study shows, transfer remittances are used to cover daily living expenses such as food, health, education, and other emergency needs such as medical, marriages, and funerals. The part of the transfer remittance is also used to establish a business in their home country for extra income generation and creation of employment opportunities for local people. Prior to the migration, the migrants learned the basic level of Korean language skills from their home country, but these skills did not reduce their difficulty in communication. The most prominent problem being faced by the migrants is the unavailability of halal food which is very important regarding their religious beliefs. Key words: Remittance, development, income, labor migrants, remittance utilization areas.
本文阐述了巴基斯坦国际汇款利用的重要因素和领域。由于国家的政治和经济状况,人们迁移到发达国家,为自己和留守家庭赚取更好的生活水平。截至2018年,巴基斯坦政府移民和海外就业局统计,有15472名巴基斯坦人居住在韩国。为了充分进行本研究,对居住在韩国光州地区的巴基斯坦劳工移民进行了结构化访谈。在访谈中,参与者被问及移民过程、定居困难、工作环境以及每月寄回本国的汇款量。本研究的主要目的是调查在韩国的巴基斯坦劳工移民的现状,并探讨他们在巴基斯坦的家人如何利用他们的汇款。巴基斯坦劳工通过巴基斯坦政府移民海外就业局来到韩国,在韩国工厂工作。人们观察到的移徙动机是创造收入,用来提高他们在巴基斯坦的家庭的生活水平。本研究表明,汇款用于支付日常生活费用,如食品、保健、教育和其他紧急需求,如医疗、婚姻和葬礼。汇款的部分也用于在其本国建立业务,为当地人民创造额外收入和创造就业机会。在移民之前,移民者从他们的祖国学习了基本水平的韩国语技能,但这些技能并没有减少他们的沟通困难。移民面临的最突出的问题是无法获得清真食品,这对他们的宗教信仰非常重要。关键词:汇款;发展;收入;
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引用次数: 0
LEGAL CONSEQUENCES OF THE ACTS OF THE EURASIAN ECONOMIC UNION COURT AND PROBLEMS OF THEIR ENFORCEMENT 欧亚经济联盟法院行为的法律后果及其执行问题
Pub Date : 2020-09-25 DOI: 10.26577/irilj.2020.v91.i3.04
Z. Baimagambetova, M. Sapar
In this article the problems of legal consequences of the Eurasian economic union’s (EEU) judicial actsare analyzed and the specifics of the implementation of these acts by member States and economic entities are reviewed. The legal consequences of non-compliance with these acts have a serious impact on both the legal order of the EEU and the legal systems of the Union’s member states. In conducting this research, the authors used general scientific, general legal and special legal research methods. Based on comparative legal analysis, the authors consider the statutory features of each individual act, especially its decisions that have binding legal force. The activity of the EEU Court was compared with the features of other international courts, which allowed to identify positive and negative sides. In this work, the mechanisms of interaction between the EEU Court and the national courts of the Union member states were studied, and such interaction was considered in relation not only to the highest courts of the member states, but also to national courts of all levels. In order to improve the efficiency of the EEU Courtfunctioning, it is proposed to give the EEU Court the power to provide pre-trial opinions, as well as to grant the right of the EEC to initiate a lawsuit against the EEU member states that violate their obligations under the law of the Union. Key words: The court of the EEU, Statute, regulations, Board, resolutions, decisions, Advisory opinions, enforcement of court decisions.
本文分析了欧亚经济联盟(EEU)司法行为的法律后果问题,并对成员国和经济实体实施这些行为的具体情况进行了审查。不遵守这些行为的法律后果对欧亚经济联盟的法律秩序和联盟成员国的法律制度都产生严重影响。在进行研究时,作者采用了一般科学、一般法律和特殊法律的研究方法。在比较法分析的基础上,作者考虑了每一个别行为的法定特征,特别是其具有法律约束力的决定。欧亚经济联盟法院的活动与其他国际法院的特点进行了比较,从而可以确定积极和消极的方面。在这项工作中,研究了欧亚经济联盟法院与欧盟成员国国家法院之间的互动机制,这种互动不仅涉及成员国的最高法院,还涉及各级国家法院。为了提高欧洲经济联盟法院的运作效率,建议赋予欧洲经济联盟法院提供审前意见的权力,并赋予欧洲经济共同体对违反欧盟法律义务的欧洲经济联盟成员国提起诉讼的权利。关键词:欧亚经济联盟法院,规约,条例,理事会,决议,判决,咨询意见,法院判决的执行。
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引用次数: 0
The problems of protecting the rights of heirs of intellectual rights in court 论知识产权继承人权利的法院保护问题
Pub Date : 2020-06-03 DOI: 10.26577/irilj.2020.v90.i2.07
L. Tatarinova, L. Kamalova, M. Chokina
This article is devoted to the analysis of problems arising in the process of judicial protection of intellectual property rights of heirs. The article, on the basis of doctrinal and legal sources, confirms the absence of the right for the heirs of the author to demand moral compensation in case there is a limit to the work of the author or the artisans, which is one of the practices to protect the judiciary. In addition, the authors determined that in the presence of a judicial dispute concerning the privacy rights of a particular individual, this fact could be verified. by any evidence, including an alienation agreement, and the presence of the corresponding state registration. Also, during the preparation of this article, the authors have made a decision that status of the heir of exclusive rights is determined by the conceptual difference in the rights included in the estate, that is, property rights or non-property, and also directly depends on the limits of rights and duties of the testator, which determines the methods used judicial protection. At the same time, the study made it possible for us to realize that, despite the presence in the Republic of Kazakhstan of a number of legislative provisions regulating the issue the scope on the rights of each holder of exclusive rights to judicial protection, it remains an urgent problem.
本文对知识产权继承人司法保护过程中出现的问题进行了分析。该条在理论和法律来源的基础上确认,在限制作者或工匠的工作的情况下,作者的继承人没有要求精神赔偿的权利,这是保护司法的做法之一。此外,发件人确定,如果存在关于某一个人隐私权的司法纠纷,这一事实是可以核实的。有任何证据,包括转让协议,以及相应州登记的存在。此外,在本文的准备过程中,作者还决定了专有权继承人的地位取决于遗产所包含的权利的概念差异,即财产权利或非财产权利,并直接取决于遗嘱人的权利义务范围,这决定了采用司法保护的方式。与此同时,这项研究使我们认识到,尽管哈萨克斯坦共和国有一些立法规定,规定了每个享有司法保护专有权的人的权利范围问题,但这仍然是一个紧迫的问题。
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引用次数: 0
Some obstacles of biletaral business relations between Kazakhstan and China 哈中双边经贸关系的一些障碍
Pub Date : 2020-06-03 DOI: 10.26577/irilj.2020.v90.i2.02
D. Zhekenov, Huang Haixin, F. Orazakynkyzy
The main goal of the article is to reassess and analyze difficulties and obstacles in the way of businessrelations between the Republic of Kazakhstan and the People's Republic of China in the context ofthe international economic crisis. Kazakhstan and China are historically and geographically neighbors,and it is clear that we will enter into political, cultural, economic and military relations with a neighboringcountry, whether we want it or not. At present, Kazakhstan has such views as anti-Chinese sentiment,the “Chinese threat”, and there are reasons for that. If we take into account our eternal neighborhood andclose trade and economic relations, we should consider China, a country with huge economic potential,not only in terms of threats and fears, but also as a new opportunity for Kazakhstan, while maintainingthe integrity and sovereignty of the country. Since gaining independence, Kazakhstan has establishedfriendly and partnership relations with the People's Republic of China, having completely resolved theissue of the border between the two countries, and today has established relations as a new strategicpartner. However, there are key problems between the two countries. We see that there are many political,legal, regulatory, cultural and ideological barriers to the development of business relations. Thisarticle can help us to understand some of them.Key words: Republic of Kazakhstan, People's Republic of China, business relations, foreign policy.
本文的主要目的是在国际经济危机的背景下,重新评估和分析哈萨克斯坦共和国和中华人民共和国之间商业关系的困难和障碍。哈萨克斯坦和中国在历史上和地理上都是邻国,很明显,无论我们愿意与否,我们都会与邻国建立政治、文化、经济和军事关系。当前哈萨克斯坦国内出现反华情绪、“中国威胁”等观点,是有原因的。如果我们考虑到我们的长期邻居和密切的经贸关系,我们应该把中国这个具有巨大经济潜力的国家视为哈萨克斯坦的新机遇,而不是威胁和恐惧,同时保持国家的完整和主权。哈萨克斯坦独立以来,同中华人民共和国建立友好伙伴关系,彻底解决了两国边界问题,今天又建立了新的战略伙伴关系。然而,两国之间存在一些关键问题。我们看到,发展商业关系存在许多政治、法律、监管、文化和意识形态障碍。本文可以帮助我们了解其中的一些。关键词:哈萨克斯坦共和国;中华人民共和国;经贸关系;
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引用次数: 0
The Korea-Russia trade activation with the Arctic sea route cooperation 韩俄贸易活跃与北极航道合作
Pub Date : 2020-06-03 DOI: 10.26577/irilj.2020.v90.i2.01
B. Kim, K. Baizakova, M. Shin
The potential for development in the Arctic Circle is wide and it is fully predictable that the developmentof resources in the region will accelerate further exploration of the Arctic sea route. Russia isshowing high interest in developing resources that are not in the economic sanction list. Moreover, theexploration and utilization of the so-called Arctic sea route across the regional ocean is recently receivingmassive attention along with the climate change. Korea and Russia have expanded the economiccooperation and now the two countries are looking for a new model of the work. They can share thegoals through the further development of Russian Arctic Circle with the rapid exploitation of resourcesdue to climate change and technological development. Korean companies have begun to bring the realeconomic benefits, having positive effects on related industries such as the construction of transport andspecial ships. There are many ways for realizing the goal, but we can specifically propose a Korea-RussiaFTA. In the process of pursuing it, the government should also consider various tasks, such as harmonizingwith the FTAs Korea has been signing, and dealing with the domestic law in accordance with thenew FTA, based on the previous experiences. From Russia’s point of view, special circumstances suchas the EAEU should be taken in consideration. The process of signing the FTA, which will serve as theinternational legal basis for cooperation between the partners, should be clearly marked for the purposeof ‘Sustainable Arctic Development’. Furthermore, these propositions should be able to be digested inthe process of utilizing FTAs and readjusting domestic and international regulations, as well as the jointrespond to the emergence of new industries, markets, and even unforeseen issues. In Korea’s perspective,it should consider the possibility that the FTA could be used in non-economic areas such as on theKorean Peninsula issue.Key words: Korea, Russia, Arctic Circle, Arctic Sea Route, Free Trade Agreement (FTA), EurasianEconomic Union (EAEU).
北极圈的开发潜力是广阔的,完全可以预见,该地区资源的开发将加速北极航道的进一步勘探。俄罗斯对开发不在经济制裁名单上的资源表现出很高的兴趣。此外,随着气候变化,穿越区域海洋的所谓北极航道的勘探和利用最近受到了广泛关注。韩国和俄罗斯扩大了经济合作,现在正在寻找新的合作模式。他们可以通过俄罗斯北极圈的进一步发展,以及由于气候变化和技术发展导致的资源的快速开发来实现共同的目标。韩国企业已经开始带来真正的经济效益,并对运输和特种船舶建设等相关产业产生了积极影响。实现这一目标的方法有很多,但我们可以具体提出韩俄自由贸易协定。”在推进过程中,还应以以往的经验为基础,考虑与已签订的FTA相协调、根据新FTA处理国内法等各种课题。从俄罗斯的角度来看,应该考虑到欧亚经济联盟等特殊情况。为实现“北极可持续发展”的目标,应明确签署自由贸易协定的进程,这将成为伙伴之间合作的国际法律基础。此外,这些主张应该能够在利用自由贸易协定和调整国内和国际法规的过程中得到消化,以及共同应对新产业、新市场甚至不可预见问题的出现。从韩国的角度来看,应该考虑到韩半岛问题等非经济领域也可以使用FTA的可能性。关键词:韩国、俄罗斯、北极圈、北极航道、自由贸易协定、欧亚经济联盟
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引用次数: 0
National security law and world legal order: the general theoretical discourse 国家安全法与世界法律秩序:一般理论论述
Pub Date : 2020-06-03 DOI: 10.26577/irilj.2020.v90.i2.05
P. Bogutsky
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引用次数: 0
The concentric dynamic of the ‘Shanghai cooperation’ for Iran and the issue of ‘Pan-Asia-centrism’ 伊朗“上海合作”的同心动力与“泛亚中心主义”问题
Pub Date : 2020-06-03 DOI: 10.26577/irilj.2020.v90.i2.03
P. Chabal
This article is devoted to the study of the conceptual relationship between the concepts of “regional axis” between neighboring states and the concept of “Pan-Asia-centrism”. On the example of Iran’s foreign policy, these concepts and the possibilities of its foreign policy choice are considered taking into account the activities of regional groups. Two approaches to understanding the concept of "Pan-Asia-centrism" are considered. Based on the approach of prof. J. Ibrashev to the understanding of “Pan-Asia-centrism”, the article analyzes three dimensions of the SCO, three concentric circles around the SCO. The first circle includes the closest dimension, neighbors on a territorial basis. The second circle involves exploring an expanded understanding of "neighbors." The third circle is an intercontinental dimension. In Western political thought, reasoning is often held in terms of alienation or isolation. This is not suit-able for understanding the dynamics of the development of non-Western countries in the 21st century. Around Central Asia, a broad forum is being formed with a concentric inclusion of the countries of East Asia, West Asia, and South Asia. This is a very important trend after the end of the Cold War. The article makes an attempt to consider a hypothetical analysis of the consequences of the development of this trend, to offer a number of possible scenarios and understand what the trend of the SCO expansion is.
本文致力于研究邻国之间的“区域轴心”概念与“泛亚中心主义”概念之间的概念关系。以伊朗的外交政策为例,这些概念及其外交政策选择的可能性是考虑到区域集团的活动而加以考虑的。本文考虑了两种理解“泛亚中心主义”概念的方法。本文以伊布拉舍夫教授对“泛亚中心主义”的理解为基础,分析了上海合作组织的三个维度,即围绕上海合作组织的三个同心圆。第一个圆包括最近的维度,在领土的基础上相邻。第二个循环涉及探索对“邻居”的扩展理解。第三个圆圈是洲际层面。在西方政治思想中,推理常常被认为是异化或孤立的。这并不适合理解非西方国家在21世纪的发展动态。围绕中亚,一个广泛的论坛正在形成,东亚、西亚和南亚国家同心协力。这是冷战结束后的一个非常重要的趋势。本文试图对这一趋势发展的后果进行假设分析,提供一些可能的情景,并了解上海合作组织扩张的趋势是什么。
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引用次数: 0
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