The world has changed in the last few decades. While the enforcement of international issues may once have been undermined by differences in transnational institutions, the onset of globalisation has led to a greater willingness amongst states to cooperate with each other. It is suggested that this could be a positive development for, amongst other things, gradually tackling climate change, global poverty and the greater realisation of human rights. What is needed is a period of reflection of how far we (...) have come and how we can use this to change for the future. (shrink)

Technology is changing the world in which we live and this includes the legal profession. This change has been remarked from many different standpoints. However, as technology is increasingly integrated into the fabric of legal practice, the very act of lawyering is likely to change and this will give rise to very important ethical questions.

Although the Refugee Convention 1951 generally provided that contracting states should recognise those who came within its definition as refugees, it did not prescribe how contracting states should determine this in order to enable them to balance this obligation with their national interests. However, evidence from the background and drafting of the Refugee Convention 1951 suggests that the provisions that a contracting states would implement in order to protect its interests would be commensurate with the human rights spirit of the (...) treaty. This implied that contracting states would act fairly in balancing the competing interests in devising status determination policies and would take into account decent considerations. But, from a theoretical viewpoint, it is arguable that some recent asylum determination policies have been based on the threats posed by asylum seekers. Asylum seekers have come to be blamed for contributing to the national issues that some contracting states face and as such, some contracting states have adopted draconian measures as a result. (shrink)

The law consists of both internal and external rules, but in both cases they regulate the behaviour of the subjects towards each other. This can be viewed from a phenomenological perspective in the sense that people have a drive to make sense of their world, and the rules that are developed essentially enable them to relate to the world in this way. If anything interferes with this drive, then it causes peoples’ existential upset. That is why the state both enforces (...) these rules between its own nationals, but also with regards to the outsiders. However, in doing so, the state must also be mindful of ensuring that it interprets the rules fairly. If it does not do so, then this may negate the purpose of law by causing the existential unrest. Although in the past this may have been done on a national basis, in that it has been necessary to maintain just the national values of a state in order to ensure that people could lead their lives, globalisation has altered the identity of people. They are no longer just national citizens, but also global citizens, and are increasingly relying on global values to fulfil their existential nature. (shrink)

Although people establish norms that enable them to live together, some of these have to be coupled with a system of enforcement. This conforms to broad social contract theory and can also be applied to the international sphere. The international community is also based on a system of norms. However, unlike the domestic context, there is no overreaching authority to direct states on what they should do. Rather it is left to states themselves to police this framework. However, this has (...) resulted in one of the conditions envisaged by social contract theorists, namely a stasis between the command order and the state of nature. This may explain, for instance, the indifference to some modern human rights violations. Hence the current system of International law, with its insistence on the Westphalian principle of equality of states has caused a substantial fracture in the enforcement of international law, particularly when it comes to serious human rights breaches, and caused something akin to the state of nature envisaged by social contract theorists. While it may be practically impossible to provide a command system in the international sphere similar to the one in the domestic life, there is some hope that a revised deontological ethic founded on global integration may provide one impetus for change. (shrink)

The implementation of international human rights law has traditionally been undermined by the dichotomy between universalism and cultural relativism. Some groups regard human rights as more reflective of other culture’s and are unwilling to subscribe to them. One response to this is to enable groups to take co-ownership of human rights. Quality Circles based on institutions and technology, and the collaboration they encourage, provide one such means for doing so. What is required is for states to facilitate rather than undermine (...) and censor these processes. Human Rights Quality Circles at different levels represent one way in which the cultural relativism and universalism division can be addressed, particularly in an ever-globalising world. (shrink)

Research ethics committees (RECs) have played a crucial role in expediting the review of research protocols amidst the COVID‐19 pandemic. To improve their performance and identify areas of enhancement, a multicentric study was conducted in India by the Forum for Ethical Review Committees in the Asian and Western Pacific Region (FERCAP). The study aimed to evaluate the preparedness of Indian RECs during the COVID‐19 outbreak while conducting protocol reviews and comprehend the challenges they encountered. After obtaining ethics committee approval, a (...) cross‐sectional observational study was conducted using two validated questionnaires, one for REC member secretaries/chairpersons and another for REC members. The questionnaires consisted of 13 multiple‐choice questions, 10 yes or no questions, and 2 open‐ended questions each. The study was distributed to multiple RECs. A total of 109/200 participants, including 13 REC member secretaries, 12 chairpersons and 84 REC members from a total of 34 REC's, consented to participate in the study. During the COVID‐19 pandemic, 23/25 (92%) of the RECs conducted online meetings. The most common challenges faced by RECs included risk‐benefit analysis (12/25 RECs), review of informed consent (12/25 RECs), and protocols involving vulnerable populations (10/25 RECs). 65% of the REC members reported the need for ethics review training, and 66/84 REC members agreed or strongly agreed that RECs require training in COVID‐19 protocol review. Additionally, 62/84 REC members agreed or strongly agreed that central/joint RECs should review multicenter COVID‐19 protocols. RECs in India encountered difficulties while reviewing risk‐benefit analyses, informed consent documents (ICDs), and COVID‐19 protocols and they suggested providing training on these topics. (shrink)

Neurosurgery for psychiatric disorders, also sometimes referred to as psychosurgery, is rapidly evolving, with new techniques and indications being investigated actively. Many within the field have suggested that some form of guidelines or regulations are needed to help ensure that a promising field develops safely. Multiple countries have enacted specific laws regulating NPD. This article reviews NPD-specific laws drawn from North and South America, Asia and Europe, in order to identify the typical form and contents of these laws and to (...) set the groundwork for the design of an optimal regulation for the field. Key challenges for this design that are revealed by the review are how to define the scope of the law, what types of regulations are required, and how to approach international harmonization given the potential migration of researchers and patients. (shrink)