Ibid means of an infringement of rights for the official.89 In doing so, the Court followed the precedents in Engel v. the Netherlands and Vereinigung demokratischer Soldaten Österreichs and Gubi v. Austria. There, the Court pronounced an infringement unjustified “if it was not “prescribed by law”, if it did not pursue one of more legitimate aims referred to in paragraph 2 of that Article (Article 10-2) or if it was not “necessary in a democratic society” in order to attain such aims“.90 In Vereinigung demokratischer Soldaten Österreichs and Gubi v. Austria, disorder was to be prevented in the armed forces91. Meanwhile in Engel v. the Netherlands, the Court sets that “disorder” must not only concern a greater public order (ordre public), but can only suggest an order “within the confines of a specific social group”, thus designating the prevention of disorder within the armed forces as a legitimate aim.92Jokšas presents a classical case of an infringement of a human right, which can, however, be justified and declared lawful by taking into account the plaintiff's special legal relationship with his State. Following its precedent in Harabin v. Slovakia93, the Court considered the infringement of the right to freedom of expression to have not been disproportionate but to be justifiable.94 CONCLUSION The Court’s judgment in the case against Lithuania follows the aforementioned cases against the Netherlands and Austria. The Court has confirmed that members of the armed forces continue not merely to be held to a stricter standard when it comes to the way in which they can exercise their freedom of expression. Rather, states have a right to limit the exercise of the freedom of expression of members of the armed forces in accordance with the general rules under Article 10 ECHR for specific purposes. While the definition of said purposes could be considered to be insufficiently clear under many national legal systems, the European Convention on Human Rights gives states a margin of appreciation regarding the implementation of the Convention and the ways in which states comply with it. This means that—within the framework provided by the Convention as interpreted by the Court—the states have the freedom to decide how to interpret
Ibid means while ensuring that the public is protected from poor quality and incompetent service providers.124 This includes creating and regulating a new class of non-lawyer legal service provider, and paralegals will be permitted to provide limited-scope legal services.125 Paralegals’ expanded scope of practice is yet to be determined, and it is not clear whether they will be allowed to provide legal services independently.126 Recognition of a role for non-lawyer legal service providers reflects a major change in lawyers’ attitudes over the past two decades. A 1998 survey was conducted to gather a statistical profile of lawyers’ attitudes towards both supervised and independent paralegals, and their role in the delivery of legal services in Nova Scotia. Over one-third of all law firms in Nova Scotia were surveyed. Fifty percent of those firms responded. All were of the view that independent paralegals would encroach upon a lawyer’s business and would erode standards of practice. On the issue of the regulation of independent paralegals, almost half of the respondents opposed the idea of regulation.127 E. SaskatchewanThe extent of the non-lawyer legal services market in Saskatchewan is currently being studied. In April 2016, the Ministry of Justice and Law Society initiated a joint project to explore the possibility of expanding the scope of non-lawyer legal service providers,128 with a goal to provide greater access to legal services.129 A Legal Services Task Team has been appointed to examine the possibility of allowing non- lawyers to provide some legal services.130 This joint project contemplates a range of possibilities for non- lawyer legal services including both expanding the scope of paralegals working under the supervision of lawyers and creating a new class of legal service technicians who would be permitted, with training, to provide some legal services independently.131 Both the Ministry and law society acknowledge that not all legal services need to be provided by a lawyer.132 They also recognize that having some assistance from a paralegal or legal technician would be better than no assistance,133 and that non-lawyer legal service
Ibid. MeansofImplementationandtheGlobalPartnership,para70.1
Examples of Ibid in a sentence
Second, the officer must be “responsible for the corporation’s conduct” and have “failed to take appropriate action to ensure performance.” Ibid.
Gendered factors are thus a vital factor in the experiences of different forms of violence (Ibid).
In addition, all the attacks so far have been within the territorial jurisdiction of the United States (Ibid).
This underscores how the formation of referent objects is inextricably linked to the activity of securitisation (Ibid: 36).
These conceptualisation of security and violence are problematic as it assumes that the notion of the state is neutral, when in fact it is shaped by masculine power structures that favour male experiences, which are maintained through language and praxis (Ibid: 614).Thereupon, FST challenges the notion of security and violence as neutral terms as they are embedded in gendered hierarchies that favour male experiences.
More Definitions of Ibid
Ibid means of gross human rights violations.”107 The effect of repression and HRVs committed by the state in triggering such GHRVs is discussed in the next section. 2.3 HRVs as Triggers of Conflict Escalation As the state engages in repression in response to increasing oppositional behaviour, civil and political human rights are frequently violated. David Gillies discusses these violations:Unconventional dissent, such as civil disobedience, is vigorously suppressed. State actors will resort to unconventional politics, principally repression. This may include manipulation of the electoral process, censorship, surveillance, harassment, misuse of emergency powers, and the suspension of the constitution and civil liberties. Opinion leaders from churches, universities, trade unions, the legal profession, and the media will be targets of vigilante groups and death squads.108 In response to these HRVs, individuals are often forced to resort to violence as a means of self-defence, thus provoking a recurring cycle of state repression and group insurgency. The 1993 report of the United Nations High Commissioner for Refugees (UNHCR) argues that “protest about or resistance to human rights violations…may provoke violent retaliation, or take a violent form itself. An accumulation of abuses accompanied by violence…leads to further abuses and a generalized climate of fear.”109 This climate of mistrust and fear may then serve to escalate the conflict, thus perpetuating a cycle of violence. As articulated by Paul LaRose-Edwards, “[t]he increased ferocity of fighting and hate as human rights violations increase, lowers personal and group
Ibid means that the minor ‘if necessary with the assistance of, for example, an interpreter, lawyer, social worker or friend, should be able to understand the general thrust of what is said by the arresting officer and during his questioning by the police’.39When it comes to the minor’s possibility of waiving the right to counsel, the Court emphasises the particular vulnerability of an accused minor and the imbalance of power, which is inherent to the very nature of criminal proceedings.40 This leads to the Court’s conclusion that waiving the minor’s right to counsel during police inter- rogation by him or on his behalf should be subject to extra scrutiny on the side of the authorities. A waiver can only be accepted ‘where it is expressed in an unequivocal manner after the authorities have taken all reasonable steps to ensure that he or she [the juvenile] is fully aware of his rights of defence and can appreciate, as far as possible, the consequence of his conduct’.41 The Court’s abovementioned considerations clearly indicate a recognition of the particular importance of the right to counsel at the stage of the first police interroga- tions when minors are concerned; it is considered an essential part of the minor’s right to a fair trial under Article 6 of the ECHR, which also includes his right to participate effectively in the proceedings. As to its youth-specific approach, the Court seems inspired by the international framework of children’s rights, consist- ing of the UN Convention on the Rights of the Child (CRC) and specific provisions in international human rights treaties and other legal instruments. In Salduz v. Turkey, the Court explicitly refers to, amongst others, Article 37 of the CRC and General Comment No. 10 of the UN Committee on the Rights of the Child.42 In Panovits v. Cyprus, the Court brings up the provision of Article 14(4) of the ICCPR, which prescribes that when juveniles are concerned, the criminal justice procedure will take account of their age and the desirability of pro- moting their rehabilitation.43Moreover, in the Panovits case, the Court reconfirms its previous case law, in which it has built its youth-specific approach to Article 6 of the ECHR amongst others on children’s rights standards developed by the United Nations and the Council of Europe.44 In this regard, it is important to point at T v. United Kingdom, in which the Court ruled, with explicit reference to Article 40 of the CRC, that ‘a child charged with an offence [mu...
Ibid means the list of charges established by Regulation No. 330, which the communicant claims are unreasonable. The communicant submits that, as a result, the AEI Regulation fails to ensure that any list of charges elaborated by a public authority will indeed accord with the need to be “reasonable”, thereby violating the requirement in article 3 (1) that there be “proper enforcement measures”. In this regard, the communicant cites the Implementation Guide as explaining that the Convention is “about taking concrete practical steps to achieve its goals” and requires that Parties take necessary legislative, regulatory and other measures to establish a framework for the implementation of the Convention.73 72. The communicant alleges further that SHS did not take the necessary measures to achieve compatibility between the Convention and Regulation No. 330 on the issue of reasonable costs. As well as the implementation of the adopted normative acts, the communicant points out that SHS is also responsible for ensuring compliance with the obligations under the conventions and international agreements to which the Party concerned is a Party according to the 1998 Hydrometeorological Activity Law (see paras. 19–21 above). The communicant submits that this means that SHS should have identified that the costs provided for under Regulation No. 330 would be unreasonable and so addressed to the Ministry of the Environment an initiative to revise Regulation No. 330 to ensure its compliance on the issue of reasonable costs. The communicant claims that, on the contrary, SHS has remained inactive and has not raised any concerns.74
Ibid means of helping to improve those checks, as is also the organizing of training assignments aimed at airline staff; Whereas these matters could be dealt with more effectively by a joint position; whereas the terms of such a position should therefore be established, …
Ibid means to define the religious character of the institution and the education it provides. Mr Adel Salman appearing on behalf Islamic Schools Association of Australia submitted that staff ‘are expected to uphold the ethos and values of the school.’22 In a Christian context, a leading example of this reasoning was provided by Associated Christian Schools (ACS): For Christian schools to fulfil their objects of providing education from a Christian worldview, maintaining an environment where Christian values prevail is essential. The key way that ACS Member Schools achieve this is the ability to select staff with a personal commitment to the Christian faith and a lifestyle that reflects this…lifestyle alone is not sufficient… ACS considers that maintaining strong allowances for faith- based organisations such as Christian Schools to hire staff who are able to uphold the school’s values and maintain a consistent witness in all aspects of their lives, is essential to enable Member Schools to fulfil their mandate to parents to provide education from a Christian worldview. The ACS further submitted: ACS Member Schools view adherence to the Christian faith as an essential requirement for employment, with no distinction being drawn between teaching and support staff … In our Member Schools, all staff interact with parents and students and are integral parts of the Christian community of the school. This concept of community is essential if a Christian school is to fulfil its obligation to parents who enrol their children in these schools. Once an individual agrees to be bound by these rules and expectations, they agree to behave accordingly. In the Christian school, this understanding is an essential
Ibid means nothing’.22 The claims is that if we were to abandon the perspective of the subject, no representation of space could be given. Further entrenching the distinction between inner and outer sense is the observation that, because physical spatial extension does not exist within the mind, the intuition of space concerns itself with the outer sense alone. In his second concluding remark on time, Kant distinguishes time from space, writing, ‘Time is nothing other than the form of inner sense, i.e., of the intuition of our self and our inner state. For time cannot be a determination of outer appearances, it belongs neither to shape or a position etc. but on the contrary determines the representations in our inner state’.23 Kant's commitment to time's subjective reality relies on his understanding of time as being inextricably linked to the inner sense. Earlier I proposed that we can conceptualize these intuitions of space and time as enabling conditions. This is supported by Kant's exposition on the distinction between the inner and outer sense. With the intuition of space, the capacity for objects to interact with a subject is enabled through a prior intuition of spatial extension in the subject, explaining why this is the form of the outer sense i.e. external objects. However, ‘if we depart from the subjective conditions, under which alone we can acquire outer intuition...then the representation of space means nothing’.24 Abandoning the first-person subjective entails that a representation of space becomes impossible precisely because it is the intuition generated in the mind which enables objects to be ordered in spatial extension. Conversely, time ‘cannot be a determination of outer appearances, it belongs neither to shape or a position etc. but on the contrary determines the representations of the inner state.25 Yet similarly to space, Kant holds that abandoning the first- person subjective makes time unintelligible as its own entity. But the prime question under investigation is whether this contention that time is a subjective enabling condition entails that time is not something real. The intuition of the inner sense, and therefore the intuition of time, is the intuition of only two things: our self and our inner state. Whether we can apply the concept of self- consciousness to Kant's conception of the inner sense is unclear. In his exposition of space Kant does write that ‘Inner sense, by means of which the mind intuits itself, or its inner state, ...
Ibid means that the Senate may not be in a position to exercise its pre- rogative to give advice and consent to such amendments prior to their entry into force. There is precedent for the Senate approving treaties that allow for technical modifications by such a ‘‘tacit agreement’’ process. 50 Due, perhaps, to their complexity and technical specificity, a num- ber of arms control and environmental agreements establish proc- esses for their own modification which do not require further Sen- ate involvement. The modifications allowed typically are described as not rising to the level of an amendment of the treaties; but, nonetheless, the processes permit the treaty regime to evolve in some respects without subsequent Senate approval. Arms control treaties that allow for technical modifications in- clude the Intermediate Nuclear Forces (INF) Treaty, the Protocol to the Threshold Test-Ban Treaty (TTBT), the Treaty on Conven- tional Armed Forces in Europe (CFE), the first START Treaty, and the Open Skies Treaty. Environmental treaties with similar provi- sions include the United States-Japan Convention for the Protec- tion of Migratory Birds, the United States-Canada Treaty on Pa- cific Salmon, and the Montreal Protocol on Substances that Deplete the Ozone Layer. Some agreements explicitly permit certain technical modifica- tions to become effective for all parties even absent unanimous agreement. These include the Montreal Protocol on Substances that Deplete the Ozone Layer, the International Convention on Safety of Life at Sea, the Convention on Facilitation of International Mari- time Traffic, the International Hydrographic Organization Conven- tion, the Protocol to the Madrid Agreement Concerning the Inter- national Registration of Marks, and the Chemical Weapons Con- vention. The Senate, in giving its advice and consent to the treaties which contain these various processes for modification, has not required modifications made to these treaties under such processes to be re- ferred to the Senate for its advice and consent prior to their coming into force for the United States. Rather, in giving its advice and consent to these treaties in the first instance, the Senate has also given its consent in advance to the modifications adopted pursuant to those processes. The tacit amendment process has given the Sen- ate some concern, however, and at times the Senate has required, or received assurances of, prior notice of proposed modifications be- fore the executive br...