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Various national, domestic, and international legal instruments provide for the significance of ensuring that, prior, during, and after any proposed or completed project, a thorough EIA must be carried out, to establish the extent of the impact and the effect of such a developmental project would have on the environment. To accomplish this, the role of Environmental Assessment Practitioners (EAP) became more imperative. This paper looks at the various roles of these practitioners, their professional advice based on their assessments, whether a project should get the go-ahead to continue or not, stating and indicating the imminent risks to the environment, how to mitigate them, and if need be how to abate the project. [ABSTRACT FROM AUTHOR]

Copyright of Law of Ukraine / Pravo Ukraini is the property of Editorial Board of Journal "Law of Ukraine" and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The phenomenon of cybercrime has a global dimension, characterized by multiple territorial links. The article presents and analyzes aspects related to international cooperation in the field of combating computer crime. The Council of Europe Convention on Cybercrime aims to complement applicable multilateral or bilateral treaties or agreements existing between the parties. The provisions of the Convention become applicable only in the situation where, between the requesting state and the requested state, there is no other bilateral or multilateral legal instrument in force at the time of the adoption of the Convention by the party states. At the same time, the article also presents and analyzes the most important aspects related to the second additional protocol to the Convention on Cybercrime regarding enhanced cooperation and the disclosure of electronic evidence. [ABSTRACT FROM AUTHOR]

The term cabreo has been given different meanings over the years: what was originally defined as a legal and then economic instrument, has increasingly acquired an aesthetic connotation that made it more like a piece of art. Starting from its definitions, we will try to show how, at the heart of the cabreo representation, there is a complex system of relationships: the patronage, the drafters, the subscribers, and the apparatuses are all elements that add information to the picture. Taking a few significant examples from the documentary heritage of the Archivio di Stato di Bologna, we will try to show how the examination of the graphic artefacts allows us to reconstruct the field of action of public institutions, private individuals and religious corporations, if analysed in its reference framework. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Big Data is the new oil. The real issue of the development of information technology is the existence of Big Data. Big Data is very important, talking about Big Data not only touches the issue of how big data you have, but what can be done with the data. The high cost of Big Data access is inversely proportional to the collection of data through surveys or censuses for free. analysis of the application of efficiency theory in an economic approach in imposing access costs to statistical activities, knowing the impact of imposing Big Data access fee tariffs, knowing the potential of Big Data as a supporter of official statistics in the future, what are the obstacles and solutions in implementing it. The preparation of this paper is juridical-empirical research with the nature of descriptive research with an economic law approach. Big Data is managed for different purposes using different systems and methods and not necessarily using statistical rules. The implementation of Big Data as a new data source is carried out through a combination of data sources. The imposition of Big Data access fees as a source of data supporting official statistics causes low utilization of Big Data as a new data source. The information technology revolution makes Big Data has the potential to complement, replace, improve, add, and improve the composition of existing statistical data sources, and produce more timely outputs. Difficult access and high costs for data collection are major obstacles. Therefore, it needs to be supported by legal instruments that facilitate its implementation in Indonesia. One is the reformulation of existing regulations that make it easier for basic statistical organizations to obtain such data sources for free and use only in the national interest. [ABSTRACT FROM AUTHOR]

Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and parties embrace this party primacy norm, recognizing only a few exceptions, such as mandatory rules that bar enforcement of agreements that harm others. This Article describes a distinct species of previously unnoticed contract law rules that advance nonparty interests, which it calls "nonparty defaults." In doing so, this Article makes three contributions to the contract law literature. First, it identifies nonparty defaults as a judicial technique. It shows how courts deviate from the party primacy norm with surprising frequency through a variety of default rules, interpretation practices, and remedies. These defaults are meant to protect nonparties' interests and benefit society at large. Second, it develops a normative account as to when common law courts adjudicating contract disputes are a suitable forum to identify and advance nonparty interests. Finally, it documents and explains the surprising durability of nonparty defaults, which the parties could, but rarely do, disclaim. [ABSTRACT FROM AUTHOR]

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Copyright of Cuestiones Políticas is the property of Revista Cuestiones Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Belügyi Szemle / Academic Journal of Internal Affairs is the property of Ministry of Interior of Hungary and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The relevance of this topic is that military conflicts give rise to the problem of protection of citizens, especially such vulnerable categories of society as persons who do not participate in hostilities, the wounded, the disabled people, children, women, pregnant women and mothers of young children, as well as protection of basic human and citizen rights and freedoms. The main purpose of the article is the study and analysis of international legal instruments that ensure the protection procedure of the civilian population in the conditions of armed conflict and the implementation of such protection according to modern realities. The following scientific methods were used during the writing of this work: structural-functional and dialectical methods, logical analysis method, synthesis method, comparative analysis method, scientific literature analysis method and generalisation method. The study work was carried out based on the analysis of international legal treaties, acts and other regulatory documents that regulate the protection of the civilian population during hostilities, as well as the practice of different countries of the world was analysed. [ABSTRACT FROM AUTHOR]

Globalization has opened the avenues for the world to come together and attain sustainable growth. Migrant workers are a lifeline for several countries' labour forces and productivity. However, in Thailand, the rights of these migrants are restricted due to the non-ratification of the International Convention on the Protection of the Rights of Migrant Workers and Family Members (ICRMW). This research explores and analyzes various factors essentially responsible for the ratification of ICRMW in Thailand. The methodology adopted is the mixed method. The collected data were analyzed based on a socio-legal approach, with qualitative and quantitative tools and techniques combined: the strength, weakness, opportunity, and threats (SWOT) technique was integrated into the analytic hierarchy process (AHP) (SWOT-AHP). The findings suggest that Thailand has not yet ratified the ICRMW conventions, including ILO C-87 and ILO C-98, thus depriving migrant workers of protection. They are not protected by national law and are not entitled to equal protection as nationals: for instance, foreign workers are forbidden from migrating to the established labour unions and enjoying medical benefits and salaries. All these must be consistent with the conventions, particularly the Labor Protection Act, B.E. 2541 (1998) and the Labor Relations Act B.E. 2518 (1998). The novelty of this research is the analysis of the domestic and international laws in the Thai context, which depicts the need for ratification of ICRMW to protect migrant workers and their families. The findings can pave the way for similar future research in other ASEAN member countries. Doi: 10.28991/esj-2022-SPER-014 Full Text: PDF

The generation of waste is certain and unavoidable. Waste will always exist in some form. It is, however, possible to minimize waste generation and thereby improve virgin resource utilization. Within the European Union, the concept of End of Waste is a legal instrument adopted to facilitate the transition from waste to product, thus by extension facilitate the conditions for a circular economy. In this paper, the implications of the legal definition transforming waste to product, End of Waste, is discussed against the backdrop of waste as a potential resource. Through legal analysis, three primary issues regarding the current formulation of article 6(1) of the Waste Framework Directive (2008/98/EC) are highlighted: (1) the cumulative conditions stated in article 6(1) creating (unnecessary) bottlenecks; (2) the fact that the conditions for End of Waste originally were intended to be operationalized through legislative acts, such as the regulation for iron scrap or glass cullet; and (3) the fact that there is no clear indication of what level of proof the conditions stated in article 6(1) requires and the ambiguity of its application this implies in general. The fact that there must be a specified use as well as a market for a 'waste' to transform into something else implies that the underlying idea of the incorporation of End of Waste loses some of its meaning. [ABSTRACT FROM AUTHOR]

Signed in 1959, the Antarctic Treaty is usually hailed as an example of what states can achieve when they leave aside their interests and truly collaborate. It was over 30 years ago, however, that the last significant legal instrument of the Antarctic Treaty System (namely, the Protocol on Environmental Protection) was signed. Since then, no new legal instruments have been drafted, despite a number of growing internal and external challenges. In this special issue, an interdisciplinary group of scholars examine some of these challenges and evaluate whether the system is well prepared to tackle them. Their point of agreement is that, if not severely ill, the system's chronic ailments—particularly laggardness—must be addressed if it is to respond satisfactorily to rapid social, political, environmental and economic changes on a global scale. It was over thirty years ago that the last significant legal instrument of the Antarctic Treaty System (the Protocol on Environmental Protection) was signed. Since then, no new legal instruments have been drafted despite a number of growing internal and external challenges. In this special issue, an interdisciplinary group of scholars examine some of these challenges and suggest the need for more proactivity if the ATS is to satisfactorily respond to rapid social, political, environmental, and economic changes. [ABSTRACT FROM AUTHOR]

Summary: Biological invasions represent one of the main threats to biodiversity and a recognized economic burden worldwide; the issue has been included in the conservation agenda such as the Convention on Biological Diversity (CBD). Brazil is a signatory country of the CBD; however, the number of alien species records in its territory is continuously rising. To evaluate the invasive alien species (IAS) policy in Brazil, we reviewed the legislation delineating historical trends to identify potential gaps and avenues for improvement. We consulted several websites using keywords related to invasions in order to track legal instruments such as laws, decrees and regulations. We classified the documents regarding their main aims with regard to IAS, taxon and environment of interest. We found 85 legal instruments in force related to IAS published in the federal sphere up to October 2021, with decrees being the most common type. Most documents were classified as 'control' and 'prevention' and were related to all taxa and environments. Two species (wild boar Sus scrofa and golden mussel Limnoperna fortunei) have more specific legislation, probably due to their conspicuous economic impacts. We discuss policy gaps and their implications for the efficient management and prevention of new IAS introductions to the country. [ABSTRACT FROM AUTHOR]

This Article, examining the movement toward inclusivity in global soft law-making, tests the proposition that the formation of regional centers of international institutions facilitates the experience of expanded stakeholder engagement in global soft law development. In-depth country case studies, survey findings, and UNCITRAL working group participation logs between 2000 and 2018, suggest that regional centers such as the UNCITRAL RCAP, while still nascent, have corresponded with an increase in regional consultative contributions to global UNCITRAL Working Group II meetings and have increased perceived levels of engagement and participation amongst regional stakeholders. Such contributions are significant given the backdrop of historically uneven representation in global institutions. The substantive findings of this study, alongside methodological contributions in the design of a new set of indicators tracking dual directional engagement (both from the regional to the center and vice versa), provide useful insights supporting the expansion of regional centers of global institutions in areas with historically limited representation in global law-making, including from within Africa, the Middle East, and South America. Such a movement toward decentralized global legal ordering, far from a glorification of regionalism or parochialism, aims at strengthening global institutions by facilitating a more inclusive, systematic, and holistic incorporation of diverse regional perspectives in the design of global legal instruments. [ABSTRACT FROM AUTHOR]

In the course of the Covid-19 pandemic, short-time work as an instrument of income replacement once again proved to be an effective means of stabilising employment. However, the very concept, based on individual entitlement, led to its operational limits in respect of mass use. For example, in Germany, the complete processing of all cases in multiple stages can take years, involving corresponding strains and uncertainties for firms and labour administration. Against this background, we discuss the development of variants of job retention schemes compatible with mass use. An international comparison indicates that the legal instrument of force majeure could facilitate access with simplified criteria and procedures. We elaborate on specific proposals for the well-known German system. Going beyond simplifying existing rules, we outline a collective instrument of a wage subsidy increasing with lost revenue or hours. In this respect, drawing on results from the relevant literature, we argue that the need to limit redundancies and the precision of the instrument must be carefully balanced. Particularly in the case of mass use, qualification is indispensable, which is why the need for a concept with flexibly applicable, modular and online-based training formats, incentives and counselling services is essential. Finally, preconditions for the phasing-out of the mass use scheme are outlined. The exceptional situation would have to be officially ended – or extended – at an appropriate time with sufficient notice. Subsequent schemes may provide for transition to regular arrangements, a gradual reduction of wage subsidies, and liquidity support. [ABSTRACT FROM AUTHOR]

This article presents a cultural and critical study of 'proportionality review' as a legal knowledge format and practice. The setting for this study is German public law, and in particular a domain of German legal education that is rarely analyzed even in Germany: the classes and materials offered by Repetitoren. These are commercial providers that aim to prepare students for the all-important 'First Juridical Examination'. In this setting, proportionality is presented as a principle that matters, a doctrine that works, and a technique that jurists – lawyers, judges, but especially also law students – can learn to perform. Sustaining the sense that proportionality 'works', however, itself requires work, in particular in the form of largely invisible background constraints on what can count as suitable problems and appropriate solutions. In these processes of making proportionality into a 'doable' technical instrument, the German legal-constitutional order as a whole is presented as a feasible, achievable project. The article looks at how proportionality's success is produced and experienced, and at what its status as a foundational, near-ideal legal instrument means for the character of the German constitutional and legal imagination. [ABSTRACT FROM AUTHOR]

In recent years, there has been an increasing number of examples of foreign countries seeking to influence the decisions of the European Union (EU) or its member states in the area of trade and investment policy. Unfortunately, the existing EU legislative framework does not provide for a single or comprehensive legal instrument to deter and counteract coercive actions by third countries. With this in mind, the European Commission recently adopted three proposals to impose counter-measures: The "Trade Enforcement Regulation" (TER), the "Anti-Coercion Instrument" (ACI) and the "Single Market Emergency Instrument" (SMEI). This article summarizes key points, development, contribution, and criticism of the three instruments through which the EU can defend itself against economic coercion by third countries, establish a resilient internal market and prove her strategic autonomy. [ABSTRACT FROM AUTHOR]

An Environmental Impact Assessment, or EIA, is a study conducted to forecast the effects of a proposed project on the environment. EIA is a tool for making decisions since it provides arrange of possibilities from the perspective of environmental pollution, from which one that is environmentally friendly can be chosen. The Environmental Impact Assessment, which is completed in four stages: screening, scoping, public engagement, and final approval, plays a crucial role in determining whether development projects are approved or rejected by decision-makers. The Environment Impact Assessment (EIA) Notification, 2006, is the governing legal instrument to grant green clearance for the establishment or expansion of an industry based on the expected environmental impact of the project. The Notification was introduced in 1994 and, after several amendments, was revised in 2006. The government recently released a new EIA draft in 2020, claiming it addresses relevant amendments and court rulings, and it requested stakeholder feedback. However, many interested parties and environmental professionals objected to the new policy, arguing that it weakens the current EIA procedure. This article offers a historical background of the EIA and recommendations for the future while critically examining the controversial clauses in the new EIA draft 2020. [ABSTRACT FROM AUTHOR]

With commercial participants now undertaking an ever-expanding role within the development and supply-chains of China's space industry post Document No. 60, the resulting legal challenges relating to this emerging industry status-quo has garnered much academic discussion. Specifically, while China's space industry has grown at a rapid pace within the past few decades, China's legislative framework has remained largely silent over matters relating to space. Instead, China continues to remain as the only major space-faring nation without a national space law and regime. This substantive legislative gap over China's space related activities has negatively impacted the industry's current deregulation process. While it has been the academic community's primary solution to address the industry's current substantive legislative gap through coordinated rulemaking activities, this paper aims to advance the current academic discussion by taking an alternative approach and arguing that the fundamental legislative challenge and solution to China's emerging commercial space industry, is not substantive, but rather procedural by nature. Importantly, by reconceptualizing the industry's substantive gap from one that is determined by the number of missing legal instruments, to one determined by the rate of legislative activity i.e., the pace of law-making activities vis-à-vis commercial expansion, this paper argues that only through the implementation of legal procedural rulemaking mechanisms will China's space law regime be able to sufficiently address the current substantive legislative gap at a pace matching commercial expansion. • The deregulation of China's space industry. • Regulatory structure and legal challenges of China's space industry. • A procedural argument to resolve China's substantive space law gap. [ABSTRACT FROM AUTHOR]

The legal imprecision of environmental integration raises doubts as to its scope in the elaboration, implementation and execution of public policies related to marine resources, and its use in court decision making. In this sense, it is necessary to investigate which are the essential normative elements necessary to delimit the legal nature of integration in the scope of marine resources. The objective of this research is to understand which normative and conceptual legal elements contribute to the defi- nition of a legal typology of integration. Based on the hypothetical-deductive method, supported by the bibliographic, normative and jurisprudential review, the research demonstrated the insufficiency of integration in the use of marine resources, due to the phenomena of sectorization and fragmentation, and how the plans and policies applied in these marine resources management opposes to these phenomena. The absence of assimilation of integration as a principle or obligation by the national federal courts was verified, when, based on the evidence of political, institutional, geographical and procedural dimensions of integration in the legal instruments of marine management, a typological proposal of integration was presented. As a result, it is proposed that the legal nature of integration is understood as a general principle of environmental law, which gives rise to the obligation to integrate that, in turn, determines integrated management of marine resources in order to promote sustainability. [ABSTRACT FROM AUTHOR]

The aim of this article is to discuss the out-of-court reorganization’s opportunity costs from the law and economics perspective in comparison to the reorganization. The concepts of law and economics and game theory are developed to understand how these theories can be applied to the out-of-court reorganization, and which legal instruments can be used by creditors and debtors in search of more efficient results in comparison to reorganization. As conclusion it is said that out-of-court reorganization is as genuine as reorganization but with minor costs, what brings to great opportunity costs in opting for it. [ABSTRACT FROM AUTHOR]

The objective of this article is to widely publicaze the origin, structure and purpose of the Legal Law of the XII Tables, a transcendental legal instrument in the Roman Republic, with special emphasis on the marriage between patricians and plebeians, finally evoking the lex canuleia to the rhythm of the most emblematic song of the Peruvian songwriter Felipe Pinglo. [ABSTRACT FROM AUTHOR]

Grant is the National Water Resources Policy legal instrument responsible for guaranteeing water to meet human needs and maintain aquatic life. However, attention should be paid to the method used to obtain grantable volumes, as they are determined through minimum flows on an annual basis studies. This study aims to comparatively analyze methodologies for determining grantable and ecological flows and, seasonality influence in obtaining them for Doce river water regime, Southeast Brazil. Seasonal component was identified by frequency analysis. Log-Pearson type III distribution was the one that best fit the data. Considering 50% of the monthly Q7,10, it is possible to increase the grantable volume in every month, while, for 50% of Q90 and 70% of Q95 criteria, there is a decrease in the volume subject to granting between July and October. The currently method adopted in the basin, 70% of the annual Q95, presents ecological flows lowest values and, in September month, allows granting a volume 21% greater when compared to the monthly basis. It is concluded that ecological and grantable flows determination considering seasonal characteristic allows a better management of the studied watercourse. [ABSTRACT FROM AUTHOR]

This Commentary provides a detailed analysis of the US-DPRK Peace Treaty, a proposed bilateral peace treaty between the United States and the Democratic People's Republic of Korea (i.e., North Korea). The US-DPRK Peace Treaty was conceived as the first in a series of legal instruments to be executed in furtherance of the establishment of "peace as a system" on the Korean Peninsula. In this monograph, the authors envision that such a peace treaty would serve as a basis for peaceful co-existence between the two countries and, ultimately, a peaceful, non-volatile situation on the Korean Peninsula. The Commentary offers an in-depth explanation of each provision of the US-DPRK Peace Treaty, including the meaning, background, rationale and legal implications of individual provisions of the Peace Treaty. Additionally, it provides insight into relevant international law issues and the history of negotiations and engagement among interested parties in the context of the inter-Korean conflict. [ABSTRACT FROM AUTHOR]

This paper analyzes the need to strengthen the law applicable to Flag of Convenience (FoC) States and vessels with the goal of sustaining fish stocks and combatting overfishing on the high seas. FoC States and vessels can escape law enforcement conducted by the other flag states. Due to the lack of political will of FoC States to enforce the law and obligations imposed on FoC vessels to conduct conservation on the high seas, FoC vessels instead contribute significantly to the deterioration of fish stocks on the high seas. FoC vessels overexploit these resources and engage in illegal, unreported, and unregulated (IUU) fishing, which harms the fish stocks on the high seas. The results of the study indicate that there are some legal lacunas in international legal obligations for FoC States and vessels to conserve the fish stocks on the high seas. Existing international legal instruments are ineffective in combating over-exploitation of fish stocks on the high seas by FoC vessels. Hence, strengthen the laws applicable to the FoC States and FoC vessels is urgently needed. [ABSTRACT FROM AUTHOR]

Half a century has passed since the First Conference on the Environment was held within the United Nations. Since then, the legal protection of the planet has improved considerably on the regulatory level, without these advances being seen on the material level. Among the various legal instruments to be used, the recourse to criminal law, inconceivable at first, has become a necessity given the relevance of the interests exposed. In this sense, the present work analyzes the way in which this international recognition of the environment has been developed to the point of being considered, at present, a legal interest of an autonomous nature and with sufficient entity to justify the intervention of criminal law. Likewise, the transfer of these interests to the Spanish criminal legal field and the way in which they have been incorporated into the Criminal Code will be analyzed. [ABSTRACT FROM AUTHOR]

In this paper we will develop a comparative study of labor models that we will categorize as coherent, incoherent and mixed, based on their interpenetration with the postulates of the right to freedom of association derived from ILO Conventions 87 and 98, and the realization of two objects of analysis: the freedom of constitution, size and structural organization of the union and the union interaction based on the solidarity strike. For this purpose, a descriptive and explanatory research is carried out, using a dogmatic methodology -classical of the legal sciences- and the systematic, analytical and factual sub-methods. To this extent, we will conclude which are the main errors of the labor models in the search for the principles and ideals of unionization and some comments on the reasons why certain legal instruments that remain anchored in the nineteenth century survive, at a time when the recognition and protection of the collective subject of labor should be at its peak. [ABSTRACT FROM AUTHOR]

The Council of Europe is the first organization with a serious commitment to human rights protection in Europe. Its main legal instrument, the ECHR, defines a range of human rights which are to be implemented by EU member countries as well as a precondition for accession of aspiring EU countries. It is well accepted that aspiring countries have implemented these requirements in their legislatures. However, implementation of such laws is very lacking. The aim of this research is to find out the gaps in the implementation of human rights in the Republic of North Macedonia (RNM). This paper will examine the role of the Constitutional Court of RNM in the implementation of the European Convention on Human Rights (ECHR) and whether it applies the Convention. It aims to show how the case law of the ECtHR is integrated in its decisions? Despite the ECtHR which is a judicial mechanism, this research will evaluate the implementation by examining other legal and political monitoring mechanisms of the Council of Europe. [ABSTRACT FROM AUTHOR]

Copyright of Polis (07176554) is the property of Polis - Revista Academica Universidad Bolivariana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The impact of climate change is experienced all over the world. The effort to mitigate the impact continues to be made in a wide range of sectors, including the financial industry. The concept of sustainable investment in the financial services industry is one of the strategies to address climate change. However, sustainable investment is not limited to national jurisdictions. At the regional levels organisations such as the European Union (EU) and the Association of Southeast Asian Nations (ASEAN) have also established definite guidelines. The EU has adopted hard law in the form of regulations on sustainability disclosure and taxonomy that facilitate sustainable investment. ASEAN has also introduced soft law in the form of the ASEAN Taxonomy for Sustainable Finance. The purpose of this study is to examine and provide a comparison of the regulation of sustainable investment in both regional organisations that have distinct integration characteristics. This paper argues that the distinctive characteristics of integration have an influence on the choice of legal instruments and their binding force on member states. The comparative study revealed that both the EU and ASEAN adopt the common principles of environmental protection and climate change mitigation. However, the EU and ASEAN have different ways of defining these principles in their respective legal instruments. In addition, the research also reveals that the different choice of legal instruments also has an effect on the advantages and limitations of implementing sustainable finance. Finally, this study proposes that the EU and ASEAN share a common vision in the implementation of sustainable finance in line with the growing economic relations between the two regions. [ABSTRACT FROM AUTHOR]

In order to comply with the Decision of the Constitutional Court no. 601/2020, the Law no. 140/2022 on some protection measures for persons with intellectual and psychosocial disabilities and amending and completion of some normative acts was adopted. According to article 26 of the Law, most of its provisions entered into force 90 days after the date of publication in the Official Gazette of Romania, i.e. on August 18, 2022, except for the provisions of article 20 paragraph (6) thesis III and of article 23, which entered into force 3 days after publication. The measure of placing under judicial interdiction has been replaced, the current study aiming to analyze the new legal instruments of support and protection that are addressed to these categories of vulnerable persons that were created by Law no. 140/2022. The adoption of this normative act, whose solutions we will present in this study, is welcome and long awaited because the lack of a legislative framework in this important matter starting with the date of the publication of the Constitutional Court Decision left open the way for the courts to issue divergent solutions in cases having as object the "judicial interdiction". Within 3 years from the entry into force of Law no. 140/2022, the ex officio re-examination of the injunction measures by the courts is carried out, in the sense of ordering either their replacement with the protective measures provided for by the new regulation, or the lifting of the measure, and the fulfilment of the deadline does not remove the obligation of the courts to re-examines, further, ex officio, all the measures of placing under judicial interdiction. [ABSTRACT FROM AUTHOR]

Copyright of Annals of 'Constantin Brancusi' University of Targu-Jiu. Juridical Science Series is the property of Universitatea Constantin Brancusi din Targu-Jiu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The subject of this article is the philosophical views of representatives of the legal tradition of the late period of the Russian Empire regarding the status of the Grand Duchy of Finland. The objective of this work is to conduct a philosophical and legal assessment of the views of various Russian legal theorists. This study uses philosophical cognition methods comprising, firstly, a formal dogmatic method for analysing legal instruments related to the legal status of the Grand Duchy of Finland, and secondly, a hermeneutic method in relation to the studied works of Russian legal theorists. A concrete historical method is also used. The main result of this article is to identify contradictions in the philosophical views of Russian legal theorists on the legal status of the Grand Duchy of Finland and determine all the contributing factors. The main conclusion drawn in this article is that the philosophical and theoretical views of representatives of the Russian legal tradition were significantly influenced by their initial objectives. Researchers first sought to refute the existence of a union between the Russian Empire and the Grand Duchy of Finland, which sidelined and hindered the cognition of the legal nature of relations between Russia and Finland. [ABSTRACT FROM AUTHOR]

In Indonesia, corruption has been going on for a long time. It has touched almost all sectors of societal life. So far, there are already efforts to eradicate the act of corruption, though they are working very slowly. There are inadequate legal instruments to eradicate corruption. Thus, to resolve this, the restorative justice philosophy should be applied. The restorative justice approach is not impossible to be applied in punishing corruption perpetrators in Indonesia. The research problem of this paper is: How is the application of restorative justice as an implementation of the ultimum remedium in the effort to recover state financial assets as a method to punish corruption perpetrators' This was normative legal research with philosophical and conceptual approaches. Results show that the application of restorative justice as an implementation of ultimum remedium to return state financial assets to punish corruption perpetrators may be implemented by strengthening norms on returning state losses. This can be carried out by changing the sanction of fines from an additional sanction into a principal sanction. Then, to anticipate perpetrators who cannot repay those losses, the concept of forced labor may be applied to punish corruption perpetrators. [ABSTRACT FROM AUTHOR]

Copyright of Collectivus. Revista de Ciencias Sociales is the property of Universidad del Atlantico and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Legal Records / Pravni Zapisi is the property of Union University Law School, Belgrade and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In recent times, worldwide, agitations for self-determination, whether internal or external (secession), are becoming common. Also, in Nigeria, the agitation for self-determination has become intense. Historically, multiple independent nationalities were cobbled together by the British to form the nation called "Nigeria" without first seeking and obtaining their consent. Invariably, Nigeria is often under threats of instability due to separatist agitations from her diverse ethnic groups. Although, self-determination is expressed to be a "right" in different international legal instruments like the United Nations Charter and the African Charter on Human and Peoples' Rights (ACHPR) and even the International Court of Justice (ICJ) has declared it to be of erga omnes in nature, the nature of this "right' is still controversial. For instance, it is argued that the right to self-determination originated from natural law. Separatists in Nigeria, agitating for self-determination anchor their arguments on this contention. This paper examine the agitations for selfdetermination in Nigeria from the standpoints of natural law, the doctrine of human rights and the principles of international law. The objectives are to know if self-determination originated from natural law, and to see the nexus between self-determination and the doctrine of human rights. Also, to identify the status of self-determination as a right under international law; and how all these apply to the Nigerian situation. The paper adopted doctrinal research methodology, using both primary and secondary sources. The paper concluded that the tripartite doctrines of natural law, human rights and international law apply to the Nigerian situation. [ABSTRACT FROM AUTHOR]

Over the past few decades, there has been a discernible trend among the European Union (EU) member states to regulate various aspects of de facto unions. Nonetheless, comparative analyses still reveal significant divergences in domestic laws. Within this spectrum, one may observe legal systems in which no explicit rules are envisaged for de facto unions, juxtaposed with those wherein the legal effects of such unions converge towards those of marriage. These differences in domestic substantive regulations of de facto unions inevitably pose formidable challenges for private international law. The article attempts to scrutinise the legal position of de facto unions under EU private international law and assess the extent to which such unions may benefit from the existing legal instruments. Overall, great fragmentation may be observed in the approaches found across various EU Regulations. In the second part, the article focuses on the regulatory landscape of de facto unions in Slovenia, encompassing both substantive and private international law aspects. Although Slovenia was once at the forefront of regulating de facto unions, it is now evident that the existing regulation in private international law is outdated and necessitates reform. This is particularly important, given that Slovenian substantive law attaches significant legal consequences to de facto unions, and such unions have become increasingly prevalent within Slovenian society. [ABSTRACT FROM AUTHOR]

Copyright of Revista Chilena de Derecho y Ciencia Política is the property of Revista Chilena de Derecho y Ciencia Política and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Chilena de Derecho y Ciencia Política is the property of Revista Chilena de Derecho y Ciencia Política and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Administrative Science / KözigazgatásTudomány is the property of Universitas-Gyor Nonprofit Ltd. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Insurance distributors are increasingly using robo-advisors for a variety of tasks, ranging from facilitating communication with customers to providing substantive advice. Like many other AI-empowered applications, robo-advisors have the potential to pose substantial risks that should be regulated and corrected by legal instruments. In this article, we attempt to discuss the regulation of robo-advisors from the perspective of the Insurance Distribution Directive and the draft AI Act. We ask two questions for each. (1) From a positive legal perspective, what obligations are imposed on insurance distributors by the legislation when they deploy robo-advisors in their business? (2) From a normative perspective, are the incumbent provisions within that legislation effective at ensuring the ethical and responsible use of robo-advisors? Our results show that neither the Insurance Distribution Directive nor the AI Act adequately address the emerging risks associated with robo-advisors. The rules implicated by them regarding the use of robo-advisors for insurance distribution are inconsistent, disproportionate, and implicit. Legislators shall further address these issues, and authorities such as EIOPA and national competent authorities must also participate by providing concrete guidelines. [ABSTRACT FROM AUTHOR]

Copyright of IgualdadES is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Catalana de Dret Ambiental is the property of Universitat Rovira I Virgili and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The phenomenon of cross-border crimes is very developed at the current stage, and migration has changed essentially depending on its objectives, causes, directions, and intensity. The increase in the number of the population of the world normally accompanies the increase in the number of immigrants around the world. The flow of illegal immigrants negatively influences employment in the labor field, as well as the socio-economic situation in the country. In addition, the identification, maintenance, and return of immigrants from abroad are associated with some additional financial expenses. Migration is an important dimension of globalization, and its dynamics are increasingly connected to changes in social structures and the global economy. This trend of international migration is now characteristic of all areas of the world, and the motivations and means to migrate are more numerous than at any time in human history. It is known that the phenomenon of illegal migration is very difficult to prevent or investigate by law enforcement agencies because this type of crime is included in the list of latent crimes and can only be stopped utilizing legal instruments - special investigative measures. Special investigative measures are carried out only when it is impossible to ensure the fulfillment of the tasks provided for in Art. 2 of Law 59/2012 regarding the special investigative activity. The measures in question have an informative search character and are aimed at obtaining information about people who conceive, prepare or commit crimes, about the presence of material traces of illegal activity, including about people who intend or organize illegal migration. [ABSTRACT FROM AUTHOR]

The key component of European Union external action is undoubtedly its Common Commercial Policy. Under EU primary law, the exercise of this policy falls within the exclusive competence of the EU. In order to assure its implementation, the competent EU institutions negotiate and conclude international agreements with third countries and adopt secondary law acts, mainly in the form of Regulations with the aim of liberalizing and expanding international trade as well as promoting-protecting the commercial interests of member states' businesses in the international markets. The aim of the study is to examine the question of the delimitation of the scope of the Common Commercial Policy as well as the operation of the EU institutional system regarding its the formation and implementation after previously analyzing the objectives served by the exercise of this common policy in the field of international economic relations. [ABSTRACT FROM AUTHOR]