31 resultados para Judges of peace

em Deakin Research Online - Australia


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The Preamble to UNESCO's 1945 Constitution asserted that wars are created in the minds of men and that it is in the minds of men that the defences of peace must be built. Exploring this proposition was vital in the post World-War II years, but it is equally critical in the 21st century when world efforts towards peace continue to be undermined by intense forms of nationalism and ethnic rivalries that commonly use cultural differences as a justification for conflict.

However, while strengthening intercultural dialogue underlies the creation of UNESCO, its flagship World Heritage program under the 1972 World Heritage Convention seems to be losing touch with this motivating principle. In this paper I explore the politicization of the program and argue that a re-focus is needed if the program is to serve in improving intercultural dialogue, understanding and tolerance, and ultimately peace.

To this end it is suggested that ways in which the World Heritage program might provide a stronger focus on dialogue-creation should be prioritized. These include giving priority to new transnational inscriptions and developing new stratagies for interpreting sites in more cross-culturally sensitive ways.

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Humanity has always been preoccupied with the search for peace and happiness. Many people turn to and rely on religion to provide them with a means of understanding the human condition and as a methodology of how to find peace within themselves and work towards the creation of peace on earth. Religions however, while providing many valuable tools for peacebuilding, can also contribute to perpetuating cultures of violence.

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The Judicial Appointments Commission was established in Malaysia in 2009 to ensure unbiased selection of judicial candidates for the consideration of the Prime Minister, who has the final say regarding the appointment of judges to the superior courts. But the provisions concerning Prime Minister’s power to appoint the majority of the members of the Commission and his unfettered power of removing four of the five appointed members without assigning any reason, have calculatedly been devised for ensuring the selection of judicial candidates having right political patronage in accordance with the covert wishes of the Prime Minister. Furthermore, the Prime Minister’s power of rejecting the Commission’s recommendations of multiple candidates renders the undertaking of a lengthy process of selection unproductive and useless. Thus the Judicial Appointments Commission has become a superfluous body with an ineffective modus operandi to attain the stipulated objectives of improving and complementing the constitutional method of appointing judges to the superior courts. Since the Federal Constitution of Malaysia has not empowered the Parliament to enact a law providing for the establishment of a Judicial Appointments Commission, it also appears that the Judicial Appointments Commission Act 2009 is an invalid piece of legislation.

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The Constitution of Bangladesh has provided the President with the unfettered power to appoint the Chief Justice of Bangladesh. However, the President is required by the Constitution to act on the advice of the Prime Minister, after consulting the Chief Justice, in appointing the puisne judges of the Supreme Court - the apex court of the nation. This Article finds that in the absence of any specific constitutional provisions specifying that the senior-most judge of the Appellate Division - the higher Division of the Supreme Court - should be appointed as the Chief Justice, a convention to this effect was developed for ensuring that extraneous considerations did not play a part in the pivotal appointment of the Chief Justice. In the same vein, a convention of appointing the senior-most judges of the High Court Division, which is the lower Division of the Supreme Court, as the judges of the Appellate Division was developed. But both these conventions have been transgressed at regular intervals by succeeding generations of executives, particularly by the current one, for politicizing the superior judiciary of the nation, thereby undermining its credibility in the eyes of the litigants as an impartial arbitrator of disputes. Accordingly, this article concludes that in order to exclude the possibility of appointments on extraneous considerations, the principles of appointing the Chief Justice and the other judges of the Appellate Division on the basis of seniority should be inserted in the Constitution by means of an amendment.

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On a wave of hope and rousing talk of building global bridges, President Barack Obama won office in 2008, in part on a pledge to end the wars in Afghanistan and Iraq and to close the Guantanamo Bay detention facility. In contrast to his predecessor, who launched America into long, costly and ineffectual wars, Obama was seen to be more of a dove than a hawk. However, at the end of his two-term tenure America has been in a state of foreign belligerence for all eight years, making Obama the longest serving U.S. war president in history.The political persona of Obama as a dove originated with his opposition to the 2003 intervention in Iraq while he was still a senator. This was then cemented early in his presidency with his 2009 speech in Cairo, which seemed to signal a profound and optimistic realignment of America’s intentions towards the Middle East and its peoples. This speech was a watershed in defining his political persona and was instrumental in his being the only U.S. president to be awarded a Nobel Peace Prize while still in office. However, during his term the underlying political landscape of the Middle East changed significantly, with the withdrawal from then return to Iraq, the nuclear agreement with Iran, the increasingly chaotic legacy of the Arab Spring, the continued impasse of the Israel-Palestinian peace, the disintegration of Yemen and Libya and the rise of the Islamic State as the new threat in the political vacuum of northern Iraq and eastern Syria, and a resurgent Russian role in the region. All of these have provided novel challenges to Washington and a president attempting to live up to the positivity of his early days in office.At the end of his presidency Obama is faced with a public burned by the disappointments of the Iraq and Afghanistan campaigns and the new entanglements in the Middle East. This paper seeks to offer insights into the juxtaposition of Obama’s political persona and reality, as well as exploring what his political legacy might really be.

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This paper sets out to demonstrate the link between development, state capacity and peace, employing Timor-Leste as the case study. It employs the association between state capacity and development to illustrate where if state capacity is lacking or functions improperly there is likely to be a low level of state legitimacy. This in turn manifests as lack of respect for or failure of rule of law, developing as generalised lawlessness and anti-state activity and eventually manifesting as intra-state or civil conflict. In particular, policing is seen as a critical component in state legitimacy, being the 'front line' of the judicial system from which legitimacy ultimately derives. This issue is particularly critical in states emerging from traditional legal and judicial structures, but which have not yet articulated into 'rational-legal' structures. Ipso facto, key state institutions, such as the judicial system and police are required to function well, while these are alone not enough to guarantee peace, they are significant contributors to and guarantors of peace.

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In 2003 the International Conflict Resolution Centre at the University of Melbourne, Australia, produced a primary school teaching manual for UNESCO Vietnam in consultation with ASP schoolteachers and principals. The finished manual included lessons plans and materials for a five year, 50 lesson peace education course. The Manual is one of the first examples of a systematic core national curriculum in peace education worldwide.

Development of the Teaching Manual posed a number of challenges including differences in language, culture, government and education system. To meet these challenges, a Participatory Action Research approach was central in the project’s development and curriculum design. This case study is offered as a model for effective cross-cultural curriculum development of peace education materials. In particular, the creation of a systematic core course in peace education and the use of UNESCO’s peace keys are outlined as innovative aspects of the project.

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In 2003, the International Conflict Resolution Centre at the University of Melbourne, Australia, produced a primary school teaching manual for UNESCO Vietnam. The finished manual included lesson plans and materials for a five year, 50 lesson peace education course. The manual is one of the first examples of a systematic core national curriculum in peace education worldwide. Development of the Teaching Manual posed a number of challenges including differences in language, culture, government and education system. To meet these challenges, a participatory action research approach was central in the project’s development and curriculum design. This case study is offered as a model for effective crosscultural curriculum development of peace education materials. In particular, the use of games and reflective materials and the use of UNESCO’s peace keys are outlined as innovative outcomes of the project.

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The recent tensions in Honiara, the capital of the Solomon Islands, in April 2006 provide a clear warning that despite the presence of the Regional Assistance Mission in the Solomon Islands, led by the Australian government, many of the issues that led to prolonged conflict in 1998 have not yet been adequately addressed. This piece of research examines the root causes of continued conflict as experienced by the people themselves, and the triggers for the sudden explosion of violence in April 2006. It offers insights into the successes and failures of the international presence in the Solomon Islands, as well as presenting local opinions on the likelihood of further conflict. Based on the findings some suggestions are made regarding the targeting of programs, and the adaptations that may need to be made in the approach adopted by the international community.

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Student feedback is a contentious and confusing issue throughout higher education institutions. This paper develops and analyses two models of feedback: the first is based on the origins of the term in the disciplines of engineering and biology. It positions teachers as the drivers of feedback. The second draws on ideas of sustainable assessment. This positions learners as having a key role in driving learning, and thus generating and soliciting their own feedback. It suggests that the second model equips students beyond the immediate task and does not lead to false expectations that courses cannot deliver. It identifies the importance of curriculum design in creating opportunities for students to develop the capabilities to operate as judges of their own learning.

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In order to strengthen the constitutional process of appointment of judges in Superior Courts, Bangladesh established a Supreme Judicial Commission in 2008 by promulgating an Ordinance. This Ordinance was neither promulgated in pursuance of any provisions of the Constitution nor by introducing any amendment to the provisions of the Constitution. The recommendations of the Commission were not given binding force on the executive. The power of the executive to accept or reject the candidates recommended by the Supreme Judicial Commission at his pleasure defeated the very objective of establishing the Commission for appointing the most competent and suitable persons as judges of the superior courts in Bangladesh. However, following the general elections held on 29 December 2008, the newly elected Government of Bangladesh Awami League dispensed with the Supreme Judicial Commission by not placing the Supreme Judicial Commission Ordinance before the parliament for its approval. This resulted in restoring the previous system of appointing judges on the satisfaction of the executive, which has resulted in patronage appointments. Thus, the establishment of an independent judicial commission in Bangladesh is an imperative necessity for strengthening the independence and impartiality of the judiciary.

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Newly recognised as a threat to global peace and security, sexual violence in conflict is now a fixed item on international security agendas. This marks significant progress for women, gender equality and the integrity of peace programmes. Our aim here, however, is to reflect upon the risks that inhere in this accomplishment. Through the concept of ‘sexurity’, a tripartite amalgam of the securitisation of sexual violence, the sexualisation of security, and the language of crisis, we outline the adverse effects of tethering sexual violence to security. This article concerns itself with the material and symbolic effects of ‘sexurity’ for eastern Democratic Republic of Congo (DRC). It first outlines ‘sexurity’ and the context of its emergence before, drawing on fieldwork in eastern DRC, the second part underlines the effects of ‘sexurity’ for the country.

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Background: For parents to address overweight or obesity in their children, they first need to perceive their child to be overweight and to show some level of concern. We aimed to: (1) measure the level of misclassification between children’s actual and parent-perceived weight status, and (2) determine the level of parent concern about their child’s (actual) weight and whether concern varied according to the accuracy of parents’ perceptions.

Methods: Participants were 1711 primary school children aged 5–12 years from the Barwon-South West region of Victoria, Australia. Height and weight were measured and weight status determined using international standards. Parents completed a Computer Assisted Telephone Interview (CATI) that included questions relating to their child’s weight.

Results: 448 children (26.2% of sample) were overweight or obese. Of these, weight status for almost half (48%) was underestimated by parents. This ‘bias’ did not vary according to the child’s gender, parent’s education, or household socio-economic status but did for child’s age and parent-respondent gender. More than half (57%) of the parents of overweight-obese children expressed no concern about their child’s weight. Parents who underestimated the weight status of their overweight child were significantly less concerned (P < 0.001) about their child’s weight than those who correctly perceived their child as overweight.

Conclusions: Parents were relatively poor judges of overweight or obesity in their own child and consequently there was a lack of appropriately directed concern. Education to help parents correctly classify their child’s weight status should be part of efforts to prevent unhealthy weight gain.

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This thesis examined the explanatory capacity of political culture in relation to civil war and conflict resolution in Lebanon and Algeria. It argued that political culture operates to affect the form and legitimacy of peace agreements by employing a method of content analysis that emphasised 'contextuality' in resolution processes.