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Due to failures in adaptation to global climate change impacts and related risks of natural disasters the safety of human wellbeing, economic sectors, and infrastructure is challenged worldwide both in developing and developed countries. We analyze major features, trends and transformations in societal responses to adverse climate consequences and in global adaptation to escalating disaster risks attributed to climate variability. The focus is on the recently dynamic formation of international system of adaptive governance - an integral segment of global climate policy along with climate mitigation: its formation is based on cross-level coordination, interplay and interaction between its actors, and on combination of context-specific factors from different geographies. Recent shifts in international discourse on climate loss and damage which is among the key indicators in assessment of climate risks and responses are outlined; problems in its incorporation into the climate international regime under the UNFCCC and controversies in global North-South dialogue on climate responsibility, liability and compensation are explored. It is followed by analysis of the recent breakthrough in climate multilateral negotiations underway during the last three decades over the institutional architecture of climate adaptation regime and its mechanisms of international aid for climate risks reduction in the global South. Prospects for performance of the novel international financial mechanism under the UNFCCC, i.e. the multilateral Fund for climate loss and damage in most vulnerable developing countries are discussed, along with its expected contributions to sustainable development. [ABSTRACT FROM AUTHOR]

Research shows that dictators purge (military) elites following coups, while other work shows the utility of analyzing individual-level elite purges to understand the inner workings of autocracies. We therefore ask: Who do regime change coup-entry dictators purge? We argue that who dictators purge depends on costs and benefits relating to two factors. First, purging elites with coercive capacity entails higher costs due to the assistance they provide dictators in navigating outsider threats. Second, dictators benefit from purging elites who helped them seize power; the demonstrable willingness of these elites to overthrow an incumbent threatens the dictator and his ability to consolidate power. We find support for our argument from original quantitative data on 289 elites in 32 autocratic ruling institutions between 1948 and 2000. Our findings have important implications for the study of the large proportion of autocracies born of regime change coups, particularly topics on survival and state violence. [ABSTRACT FROM AUTHOR]

This article re-examines the relationship between international human rights and refugee law as a story of mutual interaction, by harnessing and developing the nascent concept of legal entanglement. While entanglement serves as an alternative starting point to understand how legal regimes mutually affect each other, this new concept still lacks sufficient clarity for making sense of the interfaces and development of international law. This article proposes an analytical framework for international legal theory by outlining a model of the normative, interpretive, and socio-political drivers of entangled regimes. It argues that new norms, interpretations, and socio-political shifts explain the rapprochement and distancing between refugee law and human rights over time. Acknowledging the risk that entanglement framing may become altogether too encompassing, the proposed approach to entangled regimes allows for precision and nuance in the empirical tracing of international law. [ABSTRACT FROM AUTHOR]

This article devises an analytical framework that synthesizes neo-Gramscian and social constructivist perspectives to dissect international regimes amid global hegemonic shifts. It portrays regimes as intersubjective constructs with unique social purposes within the broader hegemonic fabric, shaped by dominant ideologies and power distributions. The study examines the transition of the trade regime from General Agreement on Tariffs and Trade (GATT) to World Trade Organization (WTO) through the Uruguay Round (1986-1994) and the Doha Round's deadlock since 2001. The article posits that the Uruguay Round marked a pivotal hegemonic transformation, transitioning the regime from embedded liberalism to neoliberalism by transforming its social purpose, norms, and generative grammar. Yet, this shift, which precipitated a legitimacy crisis within the WTO and was exacerbated by the Doha Round's failure to regenerate neoliberal hegemony with a fresh synthesis of free trade and sustainable development, arguably rendered the WTO directionless and contributed to the fragmentation of global trade governance amidst emerging regional pacts and varied ideological visions of economic liberalism. [ABSTRACT FROM AUTHOR]

Global society’s discussion on the climate change of the Arctic Ocean has been neglected in security studies in terms of its necessity, cooperation measures, and policy alternatives. Global warming and climate change with inevitable abnormal temperatures are increasing the significant importance of geopolitics and geologics in the Arctic region. The risks of climate change are inherent in uncertainty, ambiguity, and complexity, requiring resilient responses to past lessons and potential future impacts. The international community is paying keen attention to whether the thaw of the Arctic Circle will further cause conflicts and conflicts in human society or a channel of happiness and blessings. Theoretical debates lie in the transition of the international community’s operational or coordinated approach to a global governance system centered around hierarchy and anarchy. It is divided into an anarchy system, hierarchical order system, and network-oriented global governance system. Advocates of global governance reject hegemony-oriented hierarchical adjustments and do not support the market or anarchy system where authorities are absent. It refers to a form of instrument in which the autonomy and participation of various actors through a more multilateral and horizontal network is guaranteed. This study analyzes the issues and problems of climate change surrounding the Arctic Ocean and seeks international cooperation measures through the establishment of global governance, although it is arguable. It contains that Arctic sea governance is not only pushing for a norm to be prepared in advance in the era of the opening of the Arctic route, but also for a survival strategy that can determine the future fate of global society. [ABSTRACT FROM AUTHOR]

In this article, the author compares the objective dynamics of changes in the state of the water problem since the beginning of the 21st century, which has continued to worsen in most regions of the world, and its foreign policy dimension, noting the transition from the global water alarmism of the 1990s to the challenges for small and medium powers, in solving the problems in which no major actor is yet actively interested. Fresh water, despite the slogans at the end of the last century about future water wars, the “blue oil” and the “new gold” of the 21ST century, has not become, and is unlikely to become, the cause of confrontation between great powers, while medium and small powers are still confine themselves to more traditional forms of conflict, including in the Tigris, the Euphrates and the Jordan basins, which have been seen for decades as a testing ground for future water wars. This does not negate the role of water bodies and ecosystems in promoting development or, conversely, in perpetuating the poverty and backwardness in entire regions. Waters remain in competition as an important source of water-intensive goods that can be converted into valuable assets – water-intensive goods, energy or the ability to achieve higher levels of the Human Development Index. And, of course, they can be used to exacerbate ethnic and political conflicts. This is where the potential of Russia, the world’s second water power, comes into play, both in terms of directly regulating regional water challenges and in influencing the approaches of international organizations and associations, in which Moscow plays a prominent role.

This article intends to answer the question of whether and to what extent the arrangements for area‐based management tools (ABMTs) under the Agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement) can contribute to the comprehensiveness, coherence and consistency of the international legal regime relating to ABMTs. To answer this question, the article analyses and evaluates the key aspects of the arrangements for ABMTs of the BBNJ Agreement, including consistency with the United Nations Convention on the Law of the Sea (UNCLOS), the interpretation of 'not undermining', decision making and the implementation mechanism. It concludes that the arrangements for ABMTs of the BBNJ Agreement are consistent with the UNCLOS and may contribute to the comprehensiveness, coherence and consistency of the international legal regime relating to ABMTs to a large extent. The article further notes that the arrangements for ABMTs of the BBNJ Agreement are ambitious, but lots of work needs to be done to ensure the ambition does not become an illusion. [ABSTRACT FROM AUTHOR]

This article examines the theoretical foundations of international security and regime theory that lay strict conditions for the creation of international regimes to explain the nature of the cyber conflict and the reasons that prevent the creation of a global regime for cybersecurity. This article analyzes the cybersecurity concerns and interests of the world's leading powers in cyberspace--China, Russia, the European Union, and the United States--based on some key cybersecurity issues in dispute, inter alia, information sovereignty, militarization of cyberspace, and their politics of cyber norms. The article suggests that the absence of a dominant hegemon in the international system, and the perception of cyberspace not only as a domain that increases vulnerabilities and threats, but also as a domain for gaining a strategic advantage, does not meet the theoretical premises for the creation of an international regime. [ABSTRACT FROM AUTHOR]

Antimicrobial resistance (AMR) and the declining effectiveness of antibiotic medicines due to misuse are among the biggest threats to global health and a major challenge for global governance in this century. Since drug-resistant bacteria spread easily across borders, government policies that exacerbate or mitigate AMR affect other countries. International organizations and governments addressed the global public good of maintaining antimicrobial protection by creating a soft governance regime largely devoid of legally binding rules and enforcement mechanisms. This article presents a cross-national empirical assessment of the effectiveness of the international AMR regime combining novel data on national action plans and data on antibiotic consumption in 191 countries between 2000 and 2018. We find that the regime sets ambitious goals and achieves broad participation, substantial implementation, and meaningful change in the use of antibiotics. The involvement of the largest consumers of antibiotics has been crucial for both effectiveness and equity. [ABSTRACT FROM AUTHOR]

International agreements are often understood to help governments make credible commitments to future policy by limiting their ability to renege on their promises. Renegotiations of agreements are accordingly viewed as a threat to cooperation, since renegotiations call past commitments into question. But we know little about the frequency or nature of treaty renegotiations. When are international agreements renegotiated, and what effect does renegotiation have on international cooperation? Do most renegotiations indeed aim to backtrack on past commitments? Using the topical context of the trade regime, I collect new data on international treaty revisions, covering 310 preferential trade agreements signed since the year 2000. Around a quarter of these agreements have been amended in some form, and the supermajority of amendments result not in scaled back agreements, but in deeper commitments. Survival analysis shows that 'like-minded' countries with a shared language and similar voting patterns at the UN General Assembly are most likely to revise their commitments. In contrast, I do not find evidence to support the view of PTA revisions as 'backsliding' on past commitments. The effects of revisions on trade cooperation support the more cooperative view of revisions. An error-correction model shows revisions are associated with a long-run increase in export volumes. Renegotiations are not breakdowns in international relations, but opportunities for governments to renew their commitment to cooperation. [ABSTRACT FROM AUTHOR]

On 1 August 2022, the Grand Chamber of the European Court of Justice (ECJ) rendered its preliminary ruling in the joined cases C-14/21 and C-15/21, which concerned the detention of two German-flagged civilian rescue vessels operated by the German non-governmental organisation Sea Watch. The detention was executed by Italian port authorities following port State inspections carried out pursuant to Directive 2009/16 on Port State Control (PSC Directive). The ECJ's judgment is the first to comprehensively address and clarify the legal framework governing the European Union's system of port State control. The Court provided several clarifications concerning the interpretation of the PSC Directive as well as relevant rules of the international law of the sea. Overall, these clarifications may be considered positive for the rule of law in the context of port State inspections of civilian search and rescue vessels. [ABSTRACT FROM AUTHOR]

The law of the sea is currently understood as a distinct field of international law that came into existence together with (modern) international law. Has this always been so? How did past international lawyers understand what we call today 'the law of the sea'? Were they aware of the fact that this was a separate legal regime? And when did modern conceptions of the law of the sea emerge? This article examines past scholarship, from the sixteenth to the beginning of the twentieth century, in order to identify how law of the sea was conceived in past scholarship and how this conception links to our current understanding of the field. [ABSTRACT FROM AUTHOR]

Transparency arrangements, in the form of regular reporting by nations and a review of the reported information, have become a backbone of international governance. They are often expected to bring about increased ambition and improved implementation to fulfill the aims of the multilateral agreement in which they are embedded. However, little is still known about how these arrangements result in such effects. In this article, we review compliance theories and use these to explain the various roles of transparency arrangements in changing state behavior. We distinguish between different compliance schools and show how they attribute subtly different functions to transparency. We examine these variations through the development of a framework made up of seven idealized causal pathways that offer plausible explanations for the mechanisms that allow transparency arrangements to induce state behavior change. We also illustrate how these pathways work in practice by providing several examples from existing multilateral transparency arrangements. In doing so, we seek to form a bridge between international regime theory, critical transparency studies, and empirical studies on the functioning of transparency arrangements in international governance. [ABSTRACT FROM AUTHOR]

In many issue areas in international political economy (IPE), interstate cooperation is governed by a dense network of distinct but overlapping international institutions. Whether this environment of 'regime complexity' strengthens or undermines cooperation is a subject of intense debate. Some argue that overlapping institutions enhance legitimacy and flexibility, while others claim that opportunistic forum shopping enables states to escape compliance with rigorous rules. This article reconciles this debate, demonstrating that regime complexity has contrasting effects depending on the degree of value differentiation among institutions. In issue areas where undifferentiated institutions function as substitutes, forum shopping will reduce the regime's ability to discipline state behavior. However, in issue areas where institutions are differentiated by value - i.e. the benefits they provide increase as rules become more rigorous - institutional overlap can increase policy change among states. I demonstrate these dynamics formally and provide empirical evidence in a comparative analysis of the regime complexes for election observation and forest-related carbon offsets. [ABSTRACT FROM AUTHOR]

Despite the dramatic increase in the international democracy promotion efforts toward the Arab Middle East in the period between the September 11, 2001 attacks and the Arab uprisings in 2010, the authoritarian regimes in the region have paradoxically become more entrenched. This paper tries to analyze this puzzling development by taking democracy promotion toward the Arab Middle East as an international regime. By examining the constitutive norms, procedures, and the institutions of this international democracy promotion regime, I argue that the weak character of the regime produced what I call ‘reverse emergent properties’—contradictory systemic effects that cannot be reduced to its individual parts, in this case the individual democracy promotion initiatives. [ABSTRACT FROM AUTHOR]

International regimes became the topic of scholarly discussion in the study of International Relations only in the late 1970s and early 1980s. Very little scholarly explanation has been provided to clarify why, when or under what circumstances international regimes modify or collapse so far, while the expectations of the regime participants may change and disperse. This paper aims to explore how states that are not traditionally considered the most significant for the creation, design, and continuation of the regime might challenge its framework and under what conditions these actions could impact the regime. Poland acceded to the International Refugee Regime (IRR) in 1991 after beginning its transformation. In the process of analysis, we argue that the Polish actions challenging the IRR by breaching its norms were initially accommodated with a mixture of cautious tolerance (especially among the EU Member States who wished to keep the migration flows through the Polish-Belarusian border stalled there), and tacit criticism expressed by international governmental institutions unwilling to exert too much pressure in order not to lose access to people with humanitarian and protection needs. We also claim that although the Polish authorities challenged the core rules of the IRR, their policies and actions have not led directly to a permanent destabilisation of the regime, not to mention its dissolution or collapse. However, unless not repelled in a direct and robust way by major participants of the regime, they might result in undermining the core framework of the IRR. [ABSTRACT FROM AUTHOR]

There is a fairly widespread consensus that there is a negative relationship between the closure of the political regime of the Russian Federation and the increase in the climate of global confrontation. To adequately assess this relationship, this article argues that it is necessary to identify the complexity of the political system and its evolution since its birth. Understanding this complexity, avoiding simplifications and clichés, makes it easier to promote an opposite dynamic: opening of the Russian regime and recovery of a climate of world peace and security. [ABSTRACT FROM AUTHOR]

The Antarctic Treaty System has long been seen as an example of successful international cooperation for peace, research, and environmental protection for the benefit of all humanity. However, the military aggression of one Antarctic decision-making state against another has a destructive effect on the latter’s national Antarctic program resulting in a sequestered budget, a reduced research program, and a need to support the scientists threatened or displaced by the warfare. Such military aggression requires a consolidated response from the Antarctic community and challenges the Antarctic Treaty itself as an early and critical arms-control instrument and could undermine the ATS regime. This study examines the first individual and collective efforts to counter Russian full-scale military invasion of Ukraine since February 24, 2022, made by the international polar community, particularly during the highest annual international forum for the Antarctic governance – the 44th Antarctic Treaty Consultative Meeting, ATCM (Berlin, 2022). It is argued that this meeting saw an unprecedented deviation from almost 60 years of diplomatic practices by Antarctic Treaty Parties of controversy avoidance and use of imprecise language in their reports. In Berlin, there was the condemnation in the strongest possible terms of Russian unjustifiable, unprovoked, and illegal invasion of Ukraine. This démarche to the Russian delegation will necessarily affect the further work of other Antarctic-related administrative and advisory bodies within the Antarctic Treaty System. That includes ATCM’s observers and experts’ organisations such as the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), the Council of Managers of National Antarctic Programs (COMNAP), the Scientific Committee on Antarctic Research (SCAR), and the International Association of Antarctica Tour Operators (IAATO). It is expected that if the aggression continues, isolation measures such as international and national sanctions and institutional restrictions will be extended. In this case, further progress in rejecting any Russian initiatives and suspending ongoing joint projects with Russian partners will significantly complicate the diplomatic, research, fishery, and logistics activities of the Russian Federation within the Antarctic area until the situation allows for the resumption of cooperation.

At national level but also European, The minor person is represented by those under the age of 18. For all of them, in case of necessity of criminal liability, a series of measures are applied that are classified as special. Thus to be criminally liable, the minor must be over the age of 14, and for the interval of 14 to 16 years, In order to decide on criminal liability, it is necessary to resort to a forensic expertise. At the same time, regardless of the acts committed by the minor, a He cannot be detained like an adult and cannot serve a sentence in a maximum security prison. The new Code of Criminal Procedure regulates these matters through Article 243, aspects that are of a special nature regarding the application of preventive measures to minors. Thus, It is expressly provided that preventive measures shall be ordered against the minor defendant in the same way as the legislation provided for adults however, with certain derogations and additions, they are intended to provide the defendant with additional protection due to age. In 1865, Upon the entry into force of the First Romanian Penal Code, We identify regulations on special treatment of minors, which are found in Title IV which was entitled "On Cases Defending Punishment or Reducing Punishment". The current foundations of criminal regulations regarding minors were laid with the criminal code of 1968, regulating for the first time criminal liability, educational measures and punishments. Although the foundations of this special legislation were laid decades ago, this topic continues to be topical and in continuous modification and legislation, due to the intervention of the European Union, which tries to continuously align the laws with the current situations. [ABSTRACT FROM AUTHOR]

How the Supreme Court ought to implement the Free Exercise Clause has been one of the most controversial issues in U.S. rights discourse of the past fifty years. In Fulton v. City of Philadelphia, a majority of the justices expressed dissatisfaction with the standard articulated in Employment Division v. Smith, but they could not agree on what ought to replace it. This Essay argues that focusing on whether to overrule Smith is a distraction from the sensitive task of implementing the Free Exercise Clause. This is not because Smith was "right," but because (1) the history and tradition are both indeterminate about accommodations from generally applicable laws, giving judges a measure of discretion about how to implement the Clause; (2) Smith has always been only one component of a much larger American legal regime with extraordinarily robust free exercise rights; and (3) subsequent cases have rendered the Smith doctrine so malleable that it is now arguably more protective of religious exercise than the pre-Smith regime had ever been. So the question is not whether to keep Smith but how the Court ought to implement the Clause, consistent with the original understanding, tradition, precedent, and the broader legal protections for religious exercise. This Essay argues that the Court should announce constitutionally mandated accommodations when there is reason to suspect that the political process that would ordinarily have yielded a religious accommodation failed to do so because of a political blind spot or bias. Applied delicately, with an eye toward promoting the American tradition of political, rather than judicial, accommodations, the "most-favored-right" doctrine, for all its conceptual faults, can serve that purpose, especially when coupled with robust, context-specific protections for discrete categories of religious exercise like speech, assembly, association, and ministerial employment. [ABSTRACT FROM AUTHOR]

How do international regimes change over time? Regimes facilitate cooperation by linking together otherwise ad hoc negotiations. These linkages endogenize the status quo from which subsequent negotiations depart. I develop a theory of endogenous status quo within international regimes: prior outcomes implicitly define the status quo of new negotiations by acting as focal points and by creating inconsistency costs. I test observable implications of the theory in the context of the multilateral trade regime, focusing on new member accession negotiations. These negotiations attract interest from a surprising subset of World Trade Organization members, many with few observable trade ties or other economic incentives to participate. Nonetheless participation enables states to shape the emergent status quo strategically, with potentially far‐reaching implications for future bargaining. I employ a text‐as‐data approach—together with a novel corpus of negotiating documents—finding consistent support for the theory and mechanisms. [ABSTRACT FROM AUTHOR]

Aggressor state A occupies territory belonging to victim state V. After decades, V decides to go to war to recover its territory, although hostilities have long subsided. Are such 'wars of recovery' lawful under international law? Should they be? Recent conflicts have generated a heated scholarly debate on this question, which has ended in stark disagreement. A permissive approach argues that wars of recovery are lawful instances of self-defence, while a restrictive view claims that situations of prolonged occupation are territorial disputes that should be settled peacefully. This article uncovers the theoretical premises that underlie both approaches. As it shows, the dilemma reflects a larger tension within the contemporary international law on the use of force – mainly, between its traditional focus on state rights such as territory and sovereignty and a competing view that seeks to place individual rights at the core of the legal regime. As the article shows, deciding on the question of wars of recovery requires making commitments in four normative spheres: instrumentally, it requires considering questions of international stability, and, non-instrumentally, it requires considering questions of justice as well as possible justifications for killing and sacrifice. These considerations, however, result in instability owing, among other factors, to the fluctuating effects of the passage of time, which follow our normative assumptions about the legal order. Ultimately, the article suggests that those engaging in debate on wars of recovery make explicit their normative assumptions on the ends of jus ad bellum and that, in any case, even if wars of recovery would be deemed legal, they would still remain heavily contestable owing to strong competing reasons against them. [ABSTRACT FROM AUTHOR]

The Digital Markets Act (DMA), an EU Regulation establishing obligations for gatekeeper platforms in order to protect fairness and contestability in digital markets, will soon start to apply. In addition to the DMA, other (EU and national) instruments regulate platform conduct. Though the DMA explicitly provides that it will apply without prejudice to those other instruments, it is doubted whether it will merely complement them. In certain cases, the DMA may qualify as lex specialis, thereby prevailing over other regulations. In other cases, based on the principle of supremacy, the DMA may override national instruments that pursue legitimate interests other than fairness and contestability. There may also be occasions where the DMA may render certain tools devoid of purpose when this was not the intention of the legislator. In all the above cases, the DMA would not complement (but could possibly endanger) the effectiveness of the existing regime. Given the avalanche of legislative proposals for platforms, addressing potential conflicts between the DMA and other rules is essential to protect legal certainty and to ensure that the regulatory regime that governs harmful platform conduct reaches its full potential. [ABSTRACT FROM AUTHOR]

The article discusses how the Federal Trade Commission (FTC) can address the limitations of discrimination law in the context of discriminatory artificial intelligence (AI). It discusses the benefits of FTC intervention, its authority to regulate discriminatory AI, and the need for the FTC to fill gaps in existing legal regimes due to the changing landscape of decision-making, which increasingly involves AI.

Summary: This article seeks to contribute to the burgeoning debate on space diplomacy by examining the historic interplay between diplomatic discussions on outer space and nuclear non-proliferation and disarmament. It studies three significant cases since the Cold War, when space technologies constituted a significant topic in diplomatic exchanges and in advancing foreign policy objectives related to global arms control, disarmament and non-proliferation. The cases trace early negotiations between Washington and Moscow on using satellites to detect nuclear detonations, to multilateral attempts at establishing an International Satellite Monitoring Agency, and conclude with a study on the use of satellite imagery in inspections under the auspices of the United Nations Special Commission on Iraq. [ABSTRACT FROM AUTHOR]

The relevance of the paper lies in the emergence of a new type of fascism in the Russian Federation – ruscism, which in the 21st century returned humanity to the understanding that the revival of the most dangerous forms of the statelegal regime is possible. The purpose of the study is to define ruscism, analyse its origin as a separate phenomenon and the development of constituent elements, and identify similar and distinctive features with classical fascism and its varieties. Methods of dialectics, analysis, synthesis, induction, deduction, generalisation, and analogy are used as methodological tools. Historical and comparative approaches allow investigating the evolution of the origin and development of ruscism, identifying its common and distinctive features with classical fascism and its varieties. There are clear signs of fascism and its varieties. The paper examines the convergence of fascism with the Russian world, Russian imperial chauvinism, and criminal practices of the communist regime of the Union of Soviet Socialist Republics. It is established that the result of the ruscist regime was the creation of a totalitarian repressive militaristic state in Russia, which unleashed aggressive wars against Georgia and Ukraine. The study highlights the systematic violations of international law, human rights, and fundamental freedoms inherent in the ruscist regime, and the implementation of the policy of genocide of the Ukrainian people. The definition of ruscism is formulated and the history of the development of both its individual constituent elements and it as an integral phenomenon is considered. The practical value of the study is to unify the use of the definition of ruscism both at the scientific and legislative levels to condemn and prohibit it as a criminal, misogynistic ideology and a form of state-legal regime. [ABSTRACT FROM AUTHOR]

Contextualized by contestation and deconstruction of monoracialism, this article provides an assessment of how law, as a distinct tool and technology, conceptualizes and operationalizes race and ethnicity. The focus of the comparative project, by bringing examples from various countries and jurisdictions, is specifically on the morphology and dynamics of legal categorization. A separate discussion concentrates on conceptualizing groupness and membership, with distinguished attention on self-identification and "objective" criteria. The paper shows that although identity politics has dominated the past decades, ethno-racial self-identification is not the only operationalizing model legal regimes apply, especially with the recent boost in artificial intelligence, and bio-genetic research. Examples for the "re-biologization" of ethno-racial conceptualization are brought from a wide range of legal regimes, including citizenship, anti-discrimination, asylum, and indigenous law. [ABSTRACT FROM AUTHOR]

The purpose of this study is to address Somalia's foreign policy under the socialist regime of Mohamed Siad Barre. Specifically, it focuses on the policies towards the Indian Ocean, a space that has traditionally been ignored by the literature. In contrast to the policies towards the interior of Africa, this research aims to show that Somalia also set its sights and interests on the waters of the Indian Ocean. To this end, some key strategies such as the declaration of the region as a peace zone, the use of Somali ports, the advocacy of decolonization of small maritime enclaves close to Africa and cultural policy are analyzed. Primary sources such as the press, official documentation of the Somali Democratic Republic, international entities and speeches of Somali leaders have been used to develop this research. [ABSTRACT FROM AUTHOR]

Competition Law protects free market economies, guaranteeing free competition. Among the various tools Competition Authorities around the world have, the administrative sanctioning process is one of them. In these processes interim measures can be issued. The purpose of an interim measure is to intervene in a specific market in which anticompetitive behaviors are being held, ensuring the effectiveness of an eventual sanctioning decision. The objective of this article is to define and describe interim measures in Competition Law, reviewing, in first place, the legal regulation in the European Union, Spain, France, and Mexico; secondly, a detailed and complete analysis of the development of interim measures in Colombia will be presented (1992-2022). To accomplish this second goal, a full revision of the legal regime in Colombia will be presented, followed by the analysis of the five cases in which the Superintendence of Industry and Commerce has issued interim measures in administrative competition sanctioning processes. Finally, some normative challenges will be presented, which must be revised and addressed by the Congress. [ABSTRACT FROM AUTHOR]

The mismatch between commitments made by international actors and the persistence of behaviors that breach what was agreed upon is a common phenomenon in international relations. This article aims to investigate this issue by studying the case of the International Climate Change Regime and its effectiveness. By analyzing and comparing the Kyoto Protocol and the Paris Agreement, based on specialized literature, some explanatory hypotheses are presented. [ABSTRACT FROM AUTHOR]

The fear that our social and legal institutions are being subtly but inexorably eroded by the growth in surveillance is as common in academic literature as it is in the popular imagination. While large corporations harness the powers of Big Data for the wholesale harvesting of personal data, the government utilises its coercive powers to conduct increasingly intrusive surveillance of members of the public. The article considers the major issues arising from private surveillance, particularly the breaches of privacy inherent in the collection or harvesting of personal information. It then analyses selected issues arising from public surveillance, including data retention and sharing by government, the use of surveillance techniques such as facial recognition technology in criminal investigation, and the evocation of national security concerns to justify invasions of privacy. It considers what legal regime is best suited to regulate mass public and private surveillance, including the tort of privacy, the adoption of international regimes, such as the General Data Protection Regulation, and the expansion of fiduciary principles. We argue that the concept of 'information fiduciary' should be added to the current range of measures designed to ensure the accountability of both public and private data collectors. [ABSTRACT FROM AUTHOR]

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Transparency on ESG (environmental, social, and governance) is an important, if imperfect, step in striving for sustainability. Because a constellation of nonprofit organizations created voluntary reporting frameworks with little government involvement, ESG reporting governance is institutionally dense and fragmented. Reporting companies and information users have both expressed dissatisfaction. In 2020, standard‐setting organizations indicated their intent to cooperate to simplify ESG reporting rules. In a different yet similar context, scholars utilize regime theory to understand institutional density and the potential for international cooperation, primarily among states. This article is the first to apply regime theory to ESG reporting governance architecture to better understand this unusual arena of rulemaking. It identifies key obstacles to global consolidation of ESG reporting governance and predicts that differences between the reporting philosophies in the European Union and the United States are among the factors that will prevent global consolidation of ESG reporting governance. This article concludes with advice for practitioners. It draws on law and strategy and proactive law literature to propose approaches for reporting companies navigating the complex landscape of ESG reporting governance. [ABSTRACT FROM AUTHOR]

Why do some states possess more advanced military technologies than others? Our study explores the vertical proliferation of land-attack cruise missiles (LACMs), seeking to understand which demand- and supply-side factors best explain why some countries acquire more sophisticated LACMs. We theorize that states' security environments, regime types, possession of related strategic technologies, and membership in the Missile Technology Control Regime (MTCR) influence the possession of more sophisticated cruise missiles. Our analysis employs a unique new global dataset with granular data on every LACM national militaries have deployed. We use this dataset to evaluate the proliferation of LACMs across the international system from 1991–2015. Using a selection model that first controls for the horizontal proliferation of LACMs, we find that insecurity, scientific and technical expertise from related technologies, the possession of highly authoritarian and highly democratic regimes, and MTCR membership all have positive effects on the sophistication of LACM-possessors' arsenals. [ABSTRACT FROM AUTHOR]

This article argues that international legal responses to the Anthropocene cannot be adequately designed or implemented unless peoples' cultural relationships with the ocean are taken into account. Drawing on the voices of Pacific peoples and their descriptions of the ocean as territory and a source of identity, we debunk the idea of the ocean as a static or transient place, arguing instead that it is a core element of 'territory', place and belonging. International cultural heritage law offers a pathway for leveraging these narratives into international legal regimes, including the development of international mobility regimes. To the extent that Pacific peoples are set to bear the brunt of the costs of the Anthropocene, and because their relationships with the ocean provides innovative ways of rethinking the design and implementation of international law, it is imperative that their voices are brought to the fore. [ABSTRACT FROM AUTHOR]

This research article reflects on the possible modification or extinction of the alimony from a jurisprudential approach. To do this, probably develop the legal regime of maintenance obligation between relatives. Also, describe the main characteristics of said legal obligation. Also, it develops with precision the modification or extinction of the legal obligation of alimony between relatives, specifying notes on the age of extinction of the alimony of adults. It concludes that the birth of the studied occupation is intertwined in the legal recognition of a natural right, converted into a moral duty of help and solidarity with the family, based on the principle of family solidarity, which presupposes that blood ties or kinship generates a moral commitment to help that member of the family in a state of need. [ABSTRACT FROM AUTHOR]

Over the 1970s and 1980s, the industrialized countries established an international regime, based on a set of rules agreed upon within the framework of the Organisation for Economic Co-operation and Development (OECD), aiming to restrain subsidies granted through officially supported export credits. Since the mid-2000s, some emerging countries started to offer a growing share of the overall volume of export credits, which has been challenging the efficacy of the existing regime. In this article, we will present a theoretical framework seeking to explain the reasons why States tend to subsidize their export, even though a non-cooperative equilibrium, in which all States act this way, is a suboptimal outcome. Additionally, we will seek to analyze the economic, political and institutional preconditions that made the construction of the existing regime possible and compare those preconditions with the ones prevailing in the contemporary scenario. Then, we will focus on the current practices of export credits agencies from China and the response taken from some of the OECD countries, aiming to demonstrate that the efficacy of the existing regime is under threat. After building a perspective of the global scenario, this article analyzes the main challenges faced by the Brazilian export credits policy. Finally, we will indicate some of the pros and cons of a possible accession of Brazil to the export credits guidelines set by the OECD Arrangement.

China's Belt and Road Initiative (BRI) is basically a global project and thus the existing literature has explored it broadly. This article seeks to explore the literature especially those focused on the BRI’s effects in Western Asia. This literature has tried to explain it by employing international relations and political economy theories. By dividing this literature into four categories of realist, liberalist, constructivist, and Marxist, this article argues that despite the importance of the analysis of BRI in Western Asia by the existing literature, they are often based on predictions without enough objective data and are also reductionist. In a way that some have approached it via power politics (realism), some others through politics of wealth (liberalism), some via identity politics (constructivism), and finally some through the class politics (Marxism). By comparing the existing approaches, this article argues that Keohane and Nye’s theory of international regimes, which is not being used in any existing theory about Belt and Road Initiative in Western Asia, provides a better theoretical framework for analyzing the BRI in Western Asia, because it takes into consideration some important factors such as developments in technological field, the growth rate of gross domestic product, and the governments’ objectives in pursuing economic policies and it fits better the objective data and realities of contemporary Western Asia.

Recent iterations in international legal thought of the debate over the transformative potential of law have tended to echo the long-standing assumption that radical movements, when they employ law-based tactics, do so in the same manner as reformist movements: they mobilise the legitimacy of law for short-term goals, only with more radical long-term goals in mind. However, movements such as the 2012 student strike in the Canadian province of Quebec demonstrate more diverse, creative engagements with law that openly mock the legal system in an effort to simultaneously delegitimise the current legal order. This article argues that this movement's approach is consistent with the notion of an 'impudent' use of law as politics (Brabazon 2017b) but also extends it further to include ideas raised by this movement's theatrical 'over-compliance' with law, through which the movement turned law itself into a public spectacle. The article examines instances of the state's unprecedented mobilisation of the legal system to contain the student strike and the student strikers' creative and subversive engagements with law in response, illustrating how the ideas thrown up by this movement can advance theoretical discussion in legal scholarship about law's transformative potential. [ABSTRACT FROM AUTHOR]

Many scholars argue that regime complexes are nonhierarchical. However, if that is true, then how does authority function? This article argues that the conceptualization of regime complexes as largely devoid of hierarchy is mistaken. Instead, it offers a new definition of regime complexes: emergent patterns of authority among state and non-state actors, which vary in their degree of hierarchy. Hierarchy in regime complexes looks different from political scientists' traditional conceptualization. It is systemic, emergent , and positional. I present two dimensions of variation in hierarchy: deference and autonomy. These dimensions provide both a conceptual and an empirical strategy for understanding how authority relations are constituted. Conceptually, they allow us to "see" hierarchy in regime complexes. Empirically, they provide transparent, replicable and variable measures, which have eluded much of the work to date. I use topic modeling coupled with network analysis to detect hierarchy in the regime complex for Antarctica. I demonstrate that the inclusion of non-state actors and their governance activities changes our understanding of the Antarctic regime complex. This approach reveals a hierarchical regime complex, where some non-state actors have considerable authority and are governing issues not regulated by formal rules. [ABSTRACT FROM AUTHOR]

The article discusses the attitude of Japanese government towards the Treaty on the Prohibition of Nuclear Weapons (TPNW), which was introduced in the United Nations’ agenda in 2017. The case of Japan is special and even unique, due to the fact that, in spite of its historical experience of atomic bombings and the position of its civil society, which supports the idea of a nuclear ban, Tokyo refuses to sign the Treaty. Moreover, the rejection of the TPNW does not correlate with Japan’s active participation in the international nuclear non-proliferation initiatives. As far as Japan is undoubtedly an influential member of world community and a threshold state, possessing advanced nuclear technologies and ready to transform its peaceful nuclear program into a military one, its position regarding the TPNW can have a significant impact on the prospects of the nuclear non-proliferation regime in Asia. The author concludes that Japan has demonstrated an obvious refusal to sign the TPNW, in spite of all factors which could have produced the alternative position. However, its views remain ambiguous, as Tokyo adheres to international nuclear non-proliferation regimes and comprehensive nuclear disarmament. On the one hand, Japan is one of the U.S.’ main allies, remaining under the U.S. security guaranties, being protected by the U.S. nuclear umbrella from external threats, and incorporated in the global system of nuclear deterrence. On the other hand, there is certain support for ideas of nuclear non-proliferation and prohibition of nuclear weapons in Japanese society, which is demonstrated by the activity of Japanese anti-nuclear nongovernmental organizations. Consequently, in relation to the TPNW, Japan demonstrates an inconsistent course, involving the reliance on the U.S. nuclear umbrella in order to provide its security and active participation in the international nuclear non-proliferation initiatives simultaneously.

This article provides a comparative analysis of regulatory sandbox implementation in the Russian Federation and foreign countries. Based on the information provided by financial regulators of Bulgaria, Hungary, Georgia, Lithuania, Kyrgyzstan, and Estonia, as well as on Russian and foreign legislation concerning regulatory sandboxes, the comparative legal study has explored the terminology, legal regulation, and potential application of experimental regimes. This research has analyzed the criteria for proposals related to special legal regimes, as well as authorities that regulate the participants of experimental legal regimes and evaluate the results. Testing stages have been specified and a general model of regulatory sandbox development has been provided. The study gives examples of legal experiment practices in the Russian Federation and foreign countries. [ABSTRACT FROM AUTHOR]

Law no. 8/2002, of January 10, introduces various and important amends the condominium legal regime. Amongst other relevant amendments, the new regime regarding expenses and outstanding debts and the increase of the condominium manager's responsibility stand out. [ABSTRACT FROM AUTHOR]

This paper concerns the study of Colombian foreign policy. Specifically, it applies foreign policy analysis (fpa) methods to the study of Colombian international politics and international relations. Embarking from the analytical framework of International Regimes, the work describes a specific approach to their study, and thereafter traces the process that preceded Colombia's accession to the Organization for Economic Cooperation and Development (oecd). It analyzes how the decision to join the oecd is best understood as a foreign policy strategy on the part of the national government. The paper also offers a preliminary evaluation of the process of institutional adaptation accompanying oecd membership and its impact on Colombian society. The article is based on the analysis of primary sources related to the decision-making process carried out by both the national government and the oecd. Additionally, it uses a variety of other sources to illuminate a foreign policy strategy implemented in a complicated international context, one only made more difficult by the onset of the Covid-19 pandemic. In this manner, the paper discusses the challenges and importance of oecd membership, including the delay of its formalization to the point of coinciding with the Covid-19 pandemic. Such unfortunate timing has likely contributed to the perception among many Colombians, of the fruitlessness of membership. While indeed complex and challenging, the paper seeks to present the situation of Colombian membership in more nuanced light. [ABSTRACT FROM AUTHOR]

Two transnational legal regimes aim to counter some of the most severe forms of labour exploitation: one centred on the Palermo Protocol that supplements the United Nations Convention against Transnational Organized Crime (UNTOC) and the other centred on the International Labour Organization (ILO) Conventions. This article focuses on the relationship between transnational criminal law (TCL) and transnational labour law (TLL) and their effectiveness in tackling labour exploitation. Criminalisation and labour regulation have been seen as competing “paradigms” in tackling human trafficking and modern slavery. TCL has been effective in diffusing criminal law norms around the world, but the modest number of resulting prosecutions can do little to tackle the huge global market in forced or severely exploited labour. TLL, with its more decentralised and pluralistic structure, offers greater hope of achieving some alleviation of labour exploitation. [ABSTRACT FROM AUTHOR]