Buku When English Rings a BellChapter 3 "We Know What to Do"VIDEO PEMBELAJARAN BAHASA INGGRIS KELAS VIIITo state rules and obligationsModals: Must, Must not. Inobserving the national laws, a state is obligated to the international human right law over and above its obligation to the general international law. Given the sovereignty of states, a problem exists in defining the relationship which exists between the international law and the domestic legal system most especially in terms of determining Itis a privilege, and I look forward to the debate. ' Human Rights Obligations of Non-State Armed Groups ' looks at the legal and practical mechanics of how international human rights law can be applied to armed groups. I focus on two key issues: (1) what is the legal basis for the application of international human rights law obligations Fast Money. First published 12 November 2008 Citations 2 Abstract Much of what constitutes the business of international relations is undertaken by states in response to their perceived self-interest, and the commitments of states create duties and obligations. This paper assesses critical values that permeate substantive understanding of state duties and obligations. It explores how states traditionally gain community standing and how their choices bind them to existing community norms, even though some are often contested. Assuming a state to be a bona-fide and recognized member of the international community, its self-interested activities, praise-worthy or controversial, create obligation, a moral and legal duty recognized and actionable by law. In practice, what actually constitutes obligation may not be the same in all situations, or be fulfilled similarly by the same parties, or confer the same rights. It is difficult to establish a uniform reference with which to grapple with state obligation across all situations. This difficulty, however, does not enlighten debates on state responsibilities with regard to the binding force of international law where human rights abuses and other moral/legal violations are concerned. The argument is presented that since community membership, statehood, and state capacity provide the prima-facie basis for state obligation, attempts by rogue states to raise and frame secondary issues of sovereignty and autonomy in order to fence-out noncompliance are invalid States, therefore, are obligated and duty bound by community norms despite subsequent defenses that are raised in an effort to expunge transgressions. References Citing Literature A growing number of countries are offering remote work visas to encourage employees to work remotely in their jurisdictions Westend 61/Getty Images Over the past two years, organizations have become adept at sustaining a remote workforce. But, while “remote” has often been used to refer to working from home, the notion has been expanding to include other geographical locations as well. “There is definitely a trend of companies enabling employees to work in locations outside of their home base,” says Sonia Gandhi, CPA, partner and national leader for KPMG’s Global Mobility Services GMS in Toronto. “This has become an incredibly important area for employers.” If you have employees who want to work in different jurisdictions or if you are considering expanding your remote work policy, here are some facts to keep in mind. RESEARCH PAYROLL AND TAXATION RULES For employers, it’s important to start by looking at the implications of working out of province from a payroll, as well as a personal and corporate tax perspective. As Howard Levitt, senior partner with Levitt Sheikh in Toronto, explains, companies that have a remote workforce carrying on business in other jurisdictions outside of Ontario, for example will be subject to the laws of those jurisdictions. “They may require different accounting, taxation and regulatory procedures than Ontario.” There is often the question of which provincial or territorial tax table to use for workers in Canada. The CRA’s policies on place of employment provide essential guidelines to follow. “However, the government hasn’t taken a look at all this with all the remote work that is taking place today,” says FCPA Bruce Ball, VP of taxation with CPA Canada. KNOW THE INTERNATIONAL LANDSCAPE “An even bigger issue is hiring outside of the country,” says Ball. “You can’t count on a country having the same rules as we do—especially if the employee is making key decisions and entering contracts. If you’re employing a permanent resident outside of Canada, employers may be obligated to register with another country’s tax authorities and withhold tax there. Other tax issues beyond the employment relationship could also arise depending on the circumstances.” If an employee asks to work abroad for an extended time, it is important to determine if they have the appropriate immigration status and certification to work in that country. A growing number of countries are offering remote work or nomad visas to encourage employees to work remotely in their jurisdictions, says Gandhi. “These types of remote work visas increased over the past year.” Transfer of qualifications and licensing should also be taken into account, says Levitt. “You cannot hold yourself out as having a designation such as professional engineer, pharmacist or CPA in a jurisdiction if you are not licensed with that [designation] in that jurisdiction.” EXPLORE HEALTH COVERAGE AND PAY REQUIREMENTS Employers also need to find out if their coverage extends to outside jurisdictions and, if not, find a different provider with wider geographic coverage or a separate carrier based on the employee’s location. That was a prime consideration for Josh Zweig, CPA, CEO of LiveCA LLP, which has a remote workforce of 110 members who often travel to locations around the world. “Rather than spend hundreds of dollars on a benefit that an employee may not use, we wanted to ensure that our benefits were expansive enough to ensure people can take advantage of them even when they’re outside of the country. For example, we implemented a health spending account that allows employees to submit expenses incurred outside of Canada. There are other options on the market, such as nomad insurance.” Determining pay levels can prove tricky as well, Zweig adds. “If you pay a top provincial rate for everyone, you might be overpaying for some roles and underpaying others who live in different provinces. It’s important to have a very clear compensation strategy that employees can understand in view of these discrepancies.” REVIEW EMPLOYMENT STANDARDS Companies should also consider other legislative areas such as provincial or international employment law standards, overtime provisions, privacy laws and security requirements. “In Canada, the general rule of thumb is that the law of the province or territory where the employee resides governs their employment,” says Emily Siu, employment, labour and contracts lawyer at Spring Law in Toronto. Siu adds that when you look at other countries, standards get more complicated. “In most cases, the [remote employee] may be governed by that country’s law, even if their employer is in Ontario, all the work they do is for Ontario, and they are being paid in Canadian dollars.” “A key consideration for employers is making sure you know where the remote employee is working,” says Ball. “Some employers may institute work at home rules prohibiting the employee from working outside Canada other than during short personal trips.” One of the biggest issues can be termination, says Siu. “Other aspects to consider include overtime and work hours. These elements will differ from jurisdiction to jurisdiction based on different employment legislation and could open up an employer to liability.” Finally, there are practical concerns around employees working in different time zones and the arrangements needed to accommodate them. Security and health and safety requirements should also be considered. The tax complexities and uncertainties for managing fully remote workers will continue for a while as legislation catches up, says Ball. “The best course of action is to get advice from a taxation specialist.” BRUSH UP ON REMOTE WORK RULES Find out more about the implications of remote work on taxes, as well as the tax consequences of working abroad or leaving Canada permanently. And learn about programs and policies that can help you engage, inspire and retain staff, and ways of building a thriving team culture when you are working remotely. New York – The Pakistan government should immediately transfer civilians set to be tried in military courts to the civilian justice system, Human Rights Watch said today. Trying civilians before military courts violates Pakistan’s obligations under international human rights law to ensure the due process and fair trial rights of criminal suspects. The Pakistan police have handed 33 civilian suspects over to the army for trial in military courts. The suspects are charged with attacking sensitive defense installations, and damaging or stealing important government equipment, computers, and other sources of data collection. The Pakistan Army Act PAA, 1952, and Official Secrets Act, 1923 allow trying civilians in military courts only in narrowly defined circumstances, including for inciting mutiny, spying, and taking photographs of “prohibited” places. “The Pakistani government has a responsibility to prosecute those committing violence, but only in independent and impartial civilian courts,” said Patricia Gossman, associate Asia director at Human Rights Watch. “Pakistan’s military courts, which use secret procedures that deny due process rights, should not be used to prosecute civilians, even for crimes against the military.” Violence swept across Pakistan on May 9, 2023 after the police arrested former Prime Minister Imran Khan on corruption charges. Many of Khan’s supporters attacked police officers and set fire to ambulances, police vehicles, and schools. Among the places attacked were the military headquarters and other offices in Rawalpindi and the houses of senior military officials. Following the clashes, the police arrested thousands of members of Khan’s political party, Tehrik-i-Insaaf, on charges of criminal intimidation, rioting, and assault on government officials. Many have been charged under vague and overbroad laws prohibiting rioting and creating threats to public order. All those arrested merely for their political affiliation should be released immediately and any charges dropped. The government said that those arrested and charged with acts of violence will face trials in civilian courts, except for those who broke into and entered restricted access military installations, who will be tried in military courts. According to the government, these defendants will have the right of appeal to the civilian high courts and Supreme Court. Article 14 of the International Covenant on Civil and Political Rights ICCPR guarantees everyone the right to a trial by a competent, independent, and impartial tribunal. The Human Rights Committee, the international expert body authorized to monitor compliance with the ICCPR, has stated that the “trial of civilians in military or special courts may raise serious problems as far as the equitable, impartial and independent administration of justice is concerned,” and that “trials of civilians by military or special courts should be exceptional, limited to cases where the State party can show that resorting to such trials is necessary and justified by objective and serious reasons, and where … regular civilian courts are unable to undertake the trials.” International human rights standards provide no basis for Pakistani authorities to try these cases in military courts, especially as the civilian courts are functioning, Human Rights Watch said. Pakistan’s military court judges are serving officials and are not independent from the government. In the past, no independent monitoring of military trials in Pakistan has been allowed. Defendants have often been denied copies of judgments with the evidence and reasoning in the verdicts in their cases. “Denying people a fair trial is not the answer to Pakistan’s complex security and political challenges,” Gossman said. “Strengthening the civilian courts and upholding the rule of law is the message the Pakistani government should send as an effective and powerful response to violence.”

to state rules and obligations