Search

This article addresses three key aspects of the importance of gender equality within ocean and maritime law-making: the employment of gender sensitive language in recognising the roles and responsibilities of ‘all people’ who work and benefit from ocean activities; the low representation of women in male-dominated ocean governance structures; and a human rights approach to gender equality as a critical means of using law to effectively improve working conditions and support systems for women. In the past decades, gender equality in maritime and ocean affairs has been evolving in international legal instruments in terms of progress in the inclusion of gender sensitive language and specific provisions. Reviews of these legal instruments demonstrate the need to overcome gender blindness and promote equality in maritime and ocean domains. [ABSTRACT FROM AUTHOR]

Abstract: Aim: The article aims to examine how addiction-related crime is dealt with in German-speaking countries and what similarities and differences exist. Method: Comparative legal analysis of criminal sanctions law in Germany, Austria, and Switzerland. Results: The three legal systems show basic structural similarities (two-track system, specific measures for addiction-related delinquency, chronological order in the execution phase, and treatability prognosis as a requirement). However, there are also differences in terms of available legal instruments and enforcement (crediting to the sentence, diversionary options, outpatient vs. inpatient options, etc.). The stronger focus on custodial measures in Germany has led to a sharp increase in the number of orders. This development cannot be observed in Switzerland and Austria. Conclusions: The study suggests that there are interactions between the existence of diversionary/ambulatory options and the ordering of custodial measures. In addition, this analysis provides relevant insights into how criminal sanctions law relating to addiction-related delinquency could be developed. [ABSTRACT FROM AUTHOR]

Classic and new concepts of the separation of powers doctrine focus on the control of central political power. Institutional checks and balances are classic legal instruments of this control, especially the activity of independent state organs. In those countries where the political system is dominated by a populist government, the institutional checks and balances and independent institutions are under constant pressure. In a consolidated political system that has already departed from liberal constitutionalism and where constitutional institutions do function only in a formal sense (illiberal constitutionalism), institutional checks and balances lose their significance. However, in addition to the exercise of powers by independent branches of government, other legal institutions or actions can also have a significant impact on relations between branches of government, even informally. Therefore, the system of checks and balances can be described as a multi-layered structure with formal (classical) and informal elements. The article analyses in detail, how the use of informal constitutional amendments and national referendums—as additional institutions belonging to the complex system of separation of powers—instead of controlling the central political power, has contributed to the informal concentration of government power in Hungary in recent years. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal 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.)

More than 50 years have passed since the first proposal of a crime of ecocide under international criminal law. What seemed to be slow progress at first reached a peak of proliferation in public-legal discussion over the recent years. This paper is an effort to recapitulate the development of ecocide as a crime, analysing the different proposals from a critical point of view that will attempt to crystallise the challenges that they present. This analysis will be based on four main criteria: (a) the punishable conduct described, which will necessarily raise the discussion of the anthropocentric vis-à-vis an ecocentric vision; (b) the subjective element proposed and its compatibility with the Rome Statute; (c) the possible perpetrator; and (d) the legal instrument through which it is sought to be enshrined. Finally, we present certain guidelines regarding an International Criminal Court for the Environment and its compatibility with the International Criminal Court. [ABSTRACT FROM AUTHOR]

One way to give recognition to and account for vulnerability in climate policymaking is enhanced public participation. This study examines national climate acts across the EU Member States from this perspective, paying particular attention to those members of the public who are considered most climate vulnerable. The analysis finds that few of the acts address public participation, and none of the acts examined directly provides for the participation of specified groups of people based on their presumed vulnerability to climate change impacts. There are, however, participation mechanisms that take into account climate vulnerable groups. Yet, many states have not regarded the national climate act as the legal instrument of choice for regulating public participation in climate policymaking. However, this paper argues that the institutionalization of public participation in the national climate acts would have added value. [ABSTRACT FROM AUTHOR]

Climate change adaptation (CCA) and disaster risk reduction (DRR) agendas converge in their priorities to reduce social vulnerability and enhance resilience in the face of climate change. However, they are often treated separately in practice and in local government plans. In South Africa, while municipalities are legally mandated to develop Integrated Development Plans (IDPs) and Disaster Management Plans (DMPs), this is not the case for CCA. In this study, we assessed the engagement with, and linkages between, CCA and DRR in 20 local municipalities from contrasting socio-economic contexts in the Eastern Cape Province of South Africa by conducting an analysis of their IDPs, DMPs and any plans or strategies pertaining to CCA. Our results show that none of the municipalities had separate CCA strategies, with only two municipalities complying with the mandate to have DMPs. While municipalities mostly included CCA- and DRR-related activities in their IDPs, there were no explicit linkages made between the two approaches. Apparent was the prioritisation of bolstering infrastructure with little attention towards addressing social vulnerability and building resilience. Overall, little has been done to prioritise or link CCA and DRR at the local government level, especially in the context of addressing social vulnerability and building resilience. These findings suggest the need for South Africa to implement and promulgate legal instruments, policies and resources to capacitate local municipalities in mainstreaming and integrating CCA and DRR. [ABSTRACT FROM AUTHOR]

Spanish prisoners deported to the Mauthausen Nazi concentration camp were treated and classified in an anomalous and problematic fashion that did not correspond to the real reasons for their detention. Thus, despite being prosecuted as Rotspaniers – 'red Spaniards' – a category initially employed to designate those Germans who had fought in the Spanish Civil War in support of the republican government, they were systematically forced to wear a blue badge that, according to the codes usually implemented in camps, classified them as 'emigrants', an equally strange category that was applied to all those Jews or political exiles who had fled Germany following the rise of Nazism but had been arrested upon their return to the country. This reality, however, was not shared by the other Spaniards distributed across the other camps in the system or by the other Rotspaniers present in Mauthausen, who were given the red badge that indicated they were political prisoners. This is the anomaly addressed by this article, which, based on study of the administrative sources at Mauthausen and thorough analysis of 'protective custody' as a legal instrument employed by the Nazi authorities to neutralize their enemies, enables us to revisit the debate and propose a new interpretative framework through which to re-evaluate the Spanish experience in the network of German camps. [ABSTRACT FROM AUTHOR]

Copyright of ESTOA: Revista de la Facultad de Arquitectura y Urbanismo de la Universidad de Cuenca is the property of ESTOA Revista de la Facultad de Arquitectura y Urbanismo de la Universidad de Cuenca 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 origins of legal aid are deeply rooted in Indian history and can be recited from old scriptures. From the extensive journey of the legal system from the Vedic era to the present, a codified legal framework of legal aid has grown to the myriad importance in India. Access to justice has been identified as a human right at the international level through Articles 8 and 10 of the United Nations Declaration on Human Rights. The General Assembly in 2012 adopted the 'UN Principles and Guidelines on Access to Legal Aid in Criminal Justice System', which is considered to be the first legal instrument for providing legal aid rights. At the national level, India is much ahead and considers legal aid as a basic right that flows from access to justice. The Constitution of India, through Articles 21 and 14, has identified fundamental rights through the active participation of judiciary. 2 Article 39A specifically states the state's duty towards providing legal aid. 3 On the same line, there are provisions in civil 4 and criminal law 5 for providing free legal aid, so that access to justice can be achieved. In addition, the Legal Services Authorities Act, 1987, also works towards this goal by providing National Legal services Authorities (NLSA), District Legal Services Authorities (DLSA) and establishing Lok Adalats. The Bar Council of India made it compulsory for all law colleges and universities to establish legal aid cell to spread awareness about basic laws and free legal aid through various programmes. The Ministry of Law and Justice has also come up with the scheme of Designing Innovative Solutions for Holistic Access to Justice (DISHA) to achieve this constitutional mandate through the pro bono culture. In this article, Introduction gives a brief introduction to legal aid and its changing importance. In Development of the Concept of Legal Aid, historical development is traced to understand the need for legal aid in the early period. Analysis of Present Precise Legal Safeguard to Legal Aid focuses on the development of legal aid after the introduction of the Legal Aid Act and the efforts taken by the government and other educational institutions or contributing to promote to access to justice in the present era. In Legal Aid at an International Regime, some international efforts have been made to find legal aid in some developed countries. Way Forward provides the way forward for legal aid and discusses available best practices followed in this area with certain suggestions. [ABSTRACT FROM AUTHOR]

It is indicated that changes in the approaches and principles of administrative law have affected almost all parts of this branch of law. And administrative contracts in this matter are no exception. Until recently, it was believed that the contractual instrument in legal relations is inherent mainly to private law, where the parties are equal and can negotiate accordingly, and the agreements reached are recorded in contracts. The sphere of public law, where parties are equal and contracts are traditionally concluded, is the sphere of international law and interstate relations. Subordinate administrative relations did not belong to such and were not considered as the scope of possible application of contractual instruments. The article examines important issues of the essence and characteristics of administrative contracts, the requirements that are put forward to them, which are important in the process of developing scientific positions for their proper regulatory regulation. It has been established that the following can be attributed to the signs of administrative contracts: at least one of the subjects of the conclusion of the administrative contract must be a subject of authority; the administrative contract is based on the agreement of the parties; the subject of the contract is the mutual rights and obligations of its participants in the public legal sphere; an administrative contract is concluded on the basis of the law, but there is no formal requirement for the name of the administrative contract, it can be a contract, agreement, protocol, memorandum or another name. The article also substantiates that administrative contracts can be both normative and individual in terms of legal properties. The insufficiency of regulatory regulation creates difficulties in distinguishing administrative contracts from other types. However, the main feature for distinguishing administrative contracts from other types of contracts is the nature of the legal relationship, that is, the subject of the contract itself. An administrative contract is a legal act that defines the mutual rights and obligations of its participants in the administrative-legal sphere, that is, the sphere regulated by the norms of the administrative, and not by other branches of law. It was determined that in the absence of special legislation on administrative contracts, the general requirements of private law and the requirements of administrative law regarding competence, form, content and procedure are applied to them. The requirements dictated by provisions of administrative law include the following: limited competence; written form, features of the choice of the contracting party. [ABSTRACT FROM AUTHOR]

Copyright of Estudios de la Gestión is the property of Universidad Andina Simon Bolivar, Sede Ecuador 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 purpose of this article is to examine the legal vacuum regarding the status of environmental refugees which are deprived of legal existence and thus lack protection in international law. By describing the negative impact of climate change on this category of population, the article used the qualitative method to bring adequate responses to raised questions regarding the merit of the term "environmental refugee", the potential challenges it evokes, and the proposed solutions to address them. This article concluded that environmental refugee status has no legal existence, hence, public international law must build truly protective legal instruments for by adopting appropriate relevant conventions. The overview we have carried out showed that it will be more appropriate to use the term "environmentally displaced persons" instead of environmental refugee. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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.)

Regulating disinformation has presented a complicated task to European legislators. The legal instruments that played a part in the fight against disinformation, such as the DSA, the DMA, EMFA and the AI Act are all based on the internal market competence. Some instruments are criticised for their strong take on goals that are not directly related for the economic integration, like the freedom and pluralism of the media (EMFA), or the protection of human rights (DSA, AI Act). Even though the European Union is primarily an economic integration, disinformation was seen as threatening the political stability of the Union: democracy, the rule of law and human rights. Is there a connection with economic integration and these values? [ABSTRACT FROM AUTHOR]

Seaports are critical for global trade and development but are at risk of climate change-driven damages, operational disruptions and delays with extensive related economic losses. The aim of the present contribution is to (a) provide an overview of the main impacts of climate variability and change (CV&C) on ports; (b) present recent research on trends and projections involving the main climatic factors/hazards affecting global ports; (c) provide an analytical overview of emerging international and regional policies and legislation relevant to port risk assessment and resilience-building under climate change; and (d) consider issues and areas for further action. As shown by projections under different climatic scenarios and timelines, many global ports will increasingly be exposed to significantly growing hazards under increasing CV&C, including extreme sea levels (ESLs), waves, and extreme heat events. Depending on scenario (RCP 4.5 and RCP 8.5) by 2050, 55% to 59% of the 3630 global ports considered could face ESLs in excess of 2 m above the baseline mean sea levels (mean of the 1980–2014 period); by 2100, between 71% and 83% of ports could face ESLs of this magnitude. Ports in most tropical/sub-tropical settings will face the baseline (mean of the 1976 – 2005 period) 1-in-100 year extreme heat every 1 – 5 years, whereas with 3 oC global warming, most global ports (except some in higher latitudes) could experience the baseline 1-in-100 years extreme heat event every 1 – 2 years. A range of policy and legal instruments to support climate change adaptation, resilience-building and disaster risk reduction have been agreed internationally as well as at regional levels. At the EU level, relevant legal obligations and related normative technical guidance aimed at ensuring the climate proofing of new infrastructure are already in place as a matter of supra-national law for 27 EU Member States. These could significantly enhance levels of climate-resilience and preparedness for ports within the EU, as well as for EU funded port projects in other countries, and may serve as useful examples of good practices for other countries. However, further action is needed to advance and accelerate the implementation of effective adaptation measures for ports across regions. [ABSTRACT FROM AUTHOR]

Are agreements between states and victims an effective way to achieve reparations for human rights violations? We identify and evaluate a legal instrument hitherto ignored in analyses of the Inter-American Human Rights System: compliance agreements. These agreements emerged as a tool to negotiate the implementation of recommendations made by the Inter-American Commission on Human Rights to states responsible for human rights violations. In the first part of the paper, we theorize the role of agreements in securing state compliance, and discuss the problem of self-selection in legal settlements. We then document the emergence of this legal instrument and its novel role in the Inter-American System. In the third part, we provide statistical evidence from event history, matching, difference-in-differences, and sensitivity analyses showing that agreements increase the probability of compliance and cut the expected time to compliance by more than half. Agreements thus contribute to a potential solution for the perceived crisis of compliance in the Inter-American Human Rights System. However, the Commission must offer greater transparency to facilitate the evaluation of this mechanism. [ABSTRACT FROM AUTHOR]

By zeroing in on the term 'heritage' in the most important international legal instrument on oceans – the 1982 Convention on the Law of the Sea (LOSC), this article explores how the concept of the Common Heritage of [Hu]mankind and maritime heritage are produced and deployed in the global legal project of ocean-ordering and the implications thereof. The Common Heritage of [Hu]mankind concept embodies and enacts a dominant resource-centric framing of the ocean. This framing prioritises and valorises the material and economic value of the deep seabed, thereby transmuting it into an oceanless exploitable common. The LOSC, with minimal cultural preoccupation, also conceptualises and confines maritime heritage within a narrow land-based and material-centric understanding of heritage that often prioritises state control and claims. This is because the LOSC is constrained and shaped both by the metaphysical, geographical, and legal tendency of ocean parcelisation and by the authorised heritage discourse that conditions how heritage is understood and practiced. We conclude by suggesting taking the Middle Passage as an analytical provocation, that is to recognise the mutually constitutive and constituting relationship between the Middle Passage and the (Atlantic) Ocean, to enable critical reflections and alternative perspectives on heritage-making in ocean environment. [ABSTRACT FROM AUTHOR]

A principle of continuity was baked into the political and legal instruments underpinning the embryonic Irish state. At the same time, a process of evolutionary change we call 'administrative greening' was initiated, which we examine here and in Biggins, MacCarthaigh, and Scott ([2024b]. Greening the Irish State: Early Legislative and Administrative Dynamics. Irish Political Studies, XXX, XXX). In this first article, we highlight the extent to which these dynamics shaped the formative or 'priming' years of the new state and its politics. We interrogate this from both political and legal angles. The pre-existence of British administrative bodies and norms constrained the Irish revolutionary parliament (Dáil Éireann), the Anglo-Irish Treaty of 1921 and the Constitution of Saorstát Éireann in 1922. The early leaders of the vulnerable state understood they would have fuelled instability and uncertainty had they chosen to dispense with the existing public administration en masse post-1921. But this inheritance did not preclude administrative evolution either. We explore the mechanisms through which objectives of continuity and change were framed. In so doing, we place our narrative within a broader literature on path-dependency and critical junctures. [ABSTRACT FROM AUTHOR]

Open Science (OS) – an emerging global trend driven by advances in digital technologies and government's commitment to greater transparency and value for money of publicly funded research – is at its early stages, even in countries with high R&D expenditures, such as South Korea. This study provides a comprehensive overview and analysis of Korea's national OS approach, with a focus on exploring the current OS regulatory and technological environments it operates under, and uncovering its SWOT – strengths, weaknesses, opportunities and threats. It concludes that internal weaknesses, such as insufficient political will to promote OS, dominate other SWOT characteristics of Korea's national OS approach. Thus, the highest priority should be given to strategies attempting to minimise both internal weaknesses and external threats, such as reinforcing domestic Open Access publishing ecosystem to mitigate Korean researchers' dependency on large international commercial publishers. [ABSTRACT FROM AUTHOR]

Currently, ASEAN has an economic integration program that is stated in the ASEAN Economic Community Blueprint. As is well known, the European Union is the only regional organization that has succeeded in creating economic integration in its region supported by a unified law. One of the legal unification that needs to be initiated by ASEAN in supporting its economic integration is cross-border insolvency regulation. Some international legal instruments that can be a reference for the establishment of the ASEAN Cross-border Insolvency Regulation include the UNCITRAL Model Law on Cross-Border Insolvency and EU Regulation 848/2015 on Insolvency Proceedings. However, the comparison between ASEAN and the EU is not equivalent. ASEAN is a regional organization that is intergovernmental in nature, while the EU is a regional organization that is supranational in nature. Therefore, the comparative approach and statute approach are the right approaches in this article's writing. As for the research method used in this article writing is normative research. The objectives of this article are to describe the legal personality of ASEAN and the European Union in relation to the establishment of cross-border insolvency regulation and provide an overview of the substance of the UNCITRAL Model Law on Cross-Border Insolvency and EU Regulation 848/2015 to provide a reference for ASEAN to from cross-border insolvency regulation. [ABSTRACT FROM AUTHOR]

This paper explores the mechanisms by which companies can gain access to data necessary for automated decision-making in scenarios without direct contractual agreements, focusing on market-driven approaches. It introduces the concept of the essential facilities doctrine under EU competition law and examines its applicability to sets of data, alongside an examination of current ex-ante regulatory instruments which grant data access rights, such as the Type Approval Regulation, the Open Data Directive, the Electricity Directive, the Digital Markets Act, and the Data Act. These legal instruments are analysed in terms of their ability to facilitate access to data necessary for the automation of decision-making processes. In addition, the study looks at the challenges and opportunities presented by these legal instruments, including the nuances of applying the essential facilities doctrine to data. The article concludes that the most efficient way for a company to gain access to sets of data required for automated decision-making (in the absence of a contractual agreement) is to base its data access claim on an act of ex-ante regulation. If, however, such legal basis does not exist, a company could still base its data access claim on the essential facilities doctrine. The practical applicability of the doctrine to sets of data, however, remains unclear. [ABSTRACT FROM AUTHOR]

A Secure Data Enclave is a system that allows data owners, such as governments and private firms, to control data access and ensure data security while facilitating approved uses of data by other parties. This model of data use offers additional protections and technical controls for the data owner compared to the more commonly used approach of transferring data from the owner to another party through a data sharing agreement. Under the data use model, the data owner retains full transparency and auditing over the other party's access, which can be difficult to achieve in practice with even the best legal instrument for data sharing. We describe the key technical requirements for a Secure Data Enclave, provide a reference architecture for its implementation on Amazon Web Services using managed cloud services, and describe four use cases of this architecture in partnerships with state governments to control access to sensitive administrative data. [ABSTRACT FROM AUTHOR]

Bali, one of the world’s tourism destinations, is now facing a paradoxical situation because the increasing number of tourists visiting Bali is going hand in hand with the gradual reduction in productive agricultural land due to land conversion. This paper analyzes the massive practice of converting productive farmland for tourism in Bali. It off ers a human rights law lens, particularly the rights to land, food, and tourism, to view the problem discussed in the paper. Legal research primarily reads international legal instruments, Indonesia’s laws and regulations, and some secondary materials. The paper suggested that although the Bali provincial government has issued rules and policies to prevent the practice of land conversion, the government cannot fully control it because many agricultural lands have ownership status. Therefore, there is an urgent need to increase awareness of local communities as landowners to prevent such a practice. This paper also proposes using subak, a traditional farming system, as the basis for ecotourism and agrotourism activities to tackle the problem of land conversion in Bali. [ABSTRACT FROM AUTHOR]

Copyright of Nachhaltigkeitsrecht is the property of Verlag Oesterreich GmbH 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.)

Family business owners are dependent on legal advice to control ownership changes and uphold a functional balance between owners. This advice spans both family law and business law. However, family business owners are found to underutilize the legal instruments available, especially for small- and medium-sized enterprises. We explore the market for legal advice provided to family business owners. Our findings describe specific ownership costs that decrease owners' willingness and ability to contract. This avoidance of ex ante costs puts the owners at risk of extensive ex post costs that could ultimately jeopardize the business. [ABSTRACT FROM AUTHOR]

Judges have long wrestled with the gigantean task of defining religion, with some describing the task as being 'called upon to ponder the imponderable', an impossible task, and even misguided. Despite these sentiments, and comments in almost every legal definition expressing the impossibility of the task, judges have, in fact, been able to come up with numerous legal definitions for religion. These have been applied in myriad circumstances to define the outer limits of the rights and responsibilities of states, religious communities, organisations, and individuals. By contrast, the term secular has rarely been judicially defined. However, it is no-less important in defining the rights and responsibilities of states and their citizens and residents, particularly in light of the number of states that claim, implicitly or explicitly, to be secular. This paper, therefore, (re)examines the definition of the secular as it pertains to the concept of the secular state. It considers the need for a legal definition of the secular with particular reference to constitutional and other legal instruments that include the term. It then examines the difference between the terms secular, secularisation and secularism, noting the often erroneous conflation as well as the inevitable interaction and overlap between these key concepts. Finally, drawing on existing classifications of legal definitions of religion, the paper classifies definitions of the secular into three overarching classifications, namely 'historical', 'substantive' and 'characteristic'. [ABSTRACT FROM AUTHOR]

Groundwater is a strategic environmental resource due to its use to human consumption, and therefore requires special protection and monitoring in many databases. In Poland, groundwater data are included in different typical water-related databases such as Hydroportal, Portal of the State Hydrogeological Service and Portal of the Central Geological Database, which is linked to an integrated real estate information system (IREIS). This article aims to demonstrate how IREIS is used to manage groundwater in Poland. The analysis indicates that shortcomings and gaps are noticeable, e.g., duplication of data and significant lack of data necessary for the implementation of the legal instruments. It is therefore a priority to establish a harmonised permitting and sustainable management of resources by public authorities, supported by an appropriate information and resource system for the EU. There is a need for an increase in the amount of information in databases and a reduction in the number of databases with groundwater information. The results of the analysis of these information systems can provide guidance to other EU countries for more effective groundwater protection and management. [ABSTRACT FROM AUTHOR]

The article focuses on the evolution of ecological sensibilities in the Hague Academy's courses, examining their impact on international legal frameworks and market-based regulations. Topics include the historical development of ecological concerns in international law, the shift from public interventions to market mechanisms in resource management, and the debates between conservation and economic interests in different historical periods.

Multinationalism and the presence of many different religious groups in the country can be causes of inter-ethnic and inter-confessional conflicts. A tool to help avoid them is the implementation of an effective legislative mechanism. The research aims to investigate the legal foundations of confessional relations in Kazakhstan, including constitutional norms, norms of laws and bylaws, and the provisions of international acts in the sphere of relations between the state and religion. The system of methods of scientific knowledge of different levels – from the most general methods to special methods of legal science – was used to implement the goal. The study, the model of stateconfessional relations of the Republic of Kazakhstan, its basic principles, as well as the existing legal support of this model were analysed and conducted. The authors concluded that the legislation of the Republic of Kazakhstan regulating confessional relations partially corresponds to international normative legal instruments regulating freedom of religion. In addition, the study showed that the model of state-confessional relations in force in the Republic of Kazakhstan contributes to the observance of citizens’ rights to freedom of religion, the prevention of inter-confessional conflicts among religious groups within the country, and the establishment of peace. The practical significance of the results makes it possible to assess the effectiveness of the current mechanism of legislative regulation of confessional relations and to identify the main problems and ways to resolve them. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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.)

Public Interest Litigation (PIL) serves as an effective mechanism to secure justice for the public. It works as a commendable legal instrument for fetching public welfare. It has the capacity to compel the system to implement beneficial policies for all. PIL possesses its distinctive characteristics from the private interest litigation (PL). PIL operates primarily for public interest, whereas, the PL focuses on personal grievances. This paper underscores to maintain the distinction between these two legal recourses. This study explores the potential misuse of PIL for private interests: it has analysed leading case laws from both the Indian and Pakistani jurisdictions. Through this analysis, this article illustrates how PIL is often attempted to be misused. In the end, this study has provided certain recommendations for our courts to follow when they entertain PIL cases. It concludes that PIL is a collaborative effort of all us to give voice to the voiceless. It should never be allowed to be misused. The courts have a primary role in this regard to play in maintaining the integrity and proper use of PIL. [ABSTRACT FROM AUTHOR]

In 2022 the United Nations Environment Assembly (UNEA) adopted resolution 5/14 for the preparation, by 2024, of the draft for a new international treaty against plastic, which should be the first convention on the full life cycle of plastics with the declared objective of putting an end to the pollution they cause. To try to achieve this difficult result, the future agreement will build on the experience accumulated over the last 40 years, taking advantage of the international legal framework that, directly or indirectly, regulates the issue. However, relying on existing international legal instruments will not be enough to achieve the ambitious goal that the new treaty proposes. The article, after analysing the international treaties that have an impact on plastic pollution, suggests that the future convention should include an explicit reference to the due diligence standard and the precautionary and preventive principles that derive from it. These could serve as incentives for States to do everything in their power to progressively reduce and, ideally, eliminate the ever-increasing production of unnecessary plastics, i.e. the insurmountable obstacle to achieving a true circular economy also for plastic products. [ABSTRACT FROM AUTHOR]

The development of the business world is strongly influenced by the business world as one of the economic actors, including the banking business. The business world is also very dependent on the conduciveness of the business climate that supports it. If the business climate conditions are not conducive, it will affect the stability of the business world, and can even cause business actors to suffer losses, which results in the capability and credibility of business actors in carrying out their business activities being disrupted, and can even result in bankruptcy. To maintain the smooth running of their business, business actors must obtain guaranteed protection through legal instruments established by the government. Legal protection given to banks as creditors is needed in maintaining business continuity. This legal protection is very important, considering that banking is an economic joint that supports the most vital national economy. Filing for bankruptcy which requires a minimum of 2 (two) creditors for a bankrupt debtor using the Postponement of Debt Payment Obligation mechanism based on the bankruptcy law and PKPU does not provide a guarantee of sufficient legal protection for creditors. [ABSTRACT FROM AUTHOR]

Land fragmentation continues to be a challenge throughout the world, the United States, and particularly in the rapidly growing Southeast, as well as every state with a metropolitan area that abuts rural lands. With a United States population expected to grow to more than 500 million by 2060, it will present exceptional challenges for planners and policy makers to preserve important agricultural lands for farms and forests to provide both food and fiber, as well as to provide a host of ecosystem services and enhance the quality of life for our growing population. These issues of fragmentation are extremely substantial for African American, other minority, and limited-income landowners in the U.S. South, who often lack wills and have lands that are broken up into small parcels, or have divided ownership rights in one parcel, when passed on to heirs. Existing efforts can be expanded to provide tools and incentives for the owners of hiers property and other working lands to preserve them, and state and municipal planners will need to promote development plans and practices thoughtfully and strategically in order to prevent the projected loss of nearly 18 million acres of working lands by the year 2040. [ABSTRACT FROM AUTHOR]

The article, original in nature, was devoted to the issue of awards and prizes for e-sports players. The motivational financial instruments in question are regulated in the Sports Law, specifically in Article 31. The author has attempted to solve the legal problem of finding an answer to the question of the legal possibility for municipalities to establish and finance prizes and awards for e-sports players under Article 31 of the Sports Law. Due to the singular and causal works in the field of e-sports funding, which do not address the issue of establishing and funding prizes and awards for e-sports players under Article 31 of the Sports Act, the elaboration of this issue within the framework of the article will, in the author's opinion, undoubtedly enrich the current literature on the subject. The introductory considerations focus on presenting the essence of the definition of sport and attempt to qualify e-sports as a sport under the Sports Act, which is significant for the possibility of local authorities establishing prizes and awards. The key views of the literature, judicial decisions, and the state of the law in this area were presented. Investigations in this area have led to the conclusion that, with a few reservations, it is possible to qualify e-sport as a sport. Subsequently, the focus was on the legal aspects concerning the possibility for municipalities to establish and finance prizes and awards for e-sports players. The problem concerning the understanding of competition under the Sports Act was resolved, and it was pointed out that e-sports players, despite the lack of a Polish e-sports association, can participate in sports competitions under the Sports Act. In addition, the problematic premise concerning the importance of a given sport for a local authority has been clarified. The final considerations in this area have allowed de lege ferenda postulates to be formulated. The analysis is based on legal norms and statements of doctrine and jurisprudence. The article contains considerations concerning the normative and dogmatic sphere as well as the sphere of law application by administrative courts. The research has a national character. In this article, the dogmatic-legal method has been applied, consisting of the analysis of legal regulations on the establishment and financing of awards and prizes for players of electronic sports. The subject matter discussed is divided into several main editorial units. The different parts correspond to the main outline of the problem and its relation to important scientific and practical issues. [ABSTRACT FROM AUTHOR]

Despite the rise in processes that are being automated in our daily life not much attention has been directed at the regulation of automation as such, that is not tied expressly to the technology that is being used for the automation. This holds true for automated decision-making, which can in its public form have a great impact on the individual's life. As such, automated decision-making has only been regulated as a part of privacy-oriented legal instruments, which naturally begs the questions, whether the right to not be subject to automated decision-making is in fact a privacy related right. The article attempts to answer this question by identifying the place of the right to not be subject to automated decision-making within one of the privacy types, identified in extensive typology of Koops et al. It further posits several other legal values, that are different from privacy, that could warrant the placement of this right within the existing legal instruments. [ABSTRACT FROM AUTHOR]

When it is realised meaningfully, barrier-free access enables pedestrians with disabilities to use streets without being impeded by non-existent or poorly maintained sidewalks, inaccessible overpasses or underpasses, crowded sidewalks, lack of traffic controls, lack of aids at street crossings, unsafe motorist behaviour, and poor signage and lighting. While Kenya has laws in place that are intended to facilitate barrier-free access, in reality, these laws are not implemented, resulting in the violations of rights of pedestrians in general, and pedestrians with disabilities in particular. Using the lived experiences of pedestrians with disabilities, this article reflects on the policy, legislative, and practical contexts which undermine access. It shows that despite the range of policy and legal instruments which Kenya has adopted or enacted to ensure the public in general can access streets, pedestrians with disabilities enjoy arising benefits only marginally. The article's thesis is that continental policy and normative instruments and institutions may impel Kenya towards ensuring that pedestrians with disabilities have meaningful barrier-free access. [ABSTRACT FROM AUTHOR]

The paper analyzes the legal framework, the criminal patterns and the effective legal instruments used by the Romanian judicial authorities to sanction the laundering of the criminal proceeds resulting from the illicit traffic in cultural goods and the recovery of artefacts that are emblematic for the Romanian cultural heritage. The study highlights the importance of achieving a consistent jurisprudence, the relevance of specialized judicial bodies, as well as the significance of the role of international judicial cooperation, through EUROJUST, EUROPOL, INTERPOL, for the purpose of sanctioning the traffic and in the recovery of stolen and recycled goods: spiral bracelet hoards, gold monetary hoards and Lex municipalis Troesmensium plates. The investigative methodology and jurisprudence analyzed indicate the effective tools for the full recovery of emblematic cultural assets lost by the national cultural heritage, in the period 1996-2007, in a difficult internal and external context1. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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.)

This work analyses the activities of Genoese merchant communities in the grain trade in western Mediterranean markets. Our goal is to shed light on their ability to integrate into foreign lands, taking advantage of their privileged position within the Spanish Crown. Our analysis is focussed on two case studies, strictly connected from a theoretical point of view: Sicily and Tabarka. Both Genoese minorities living on these two islands used the port of Genoa as their commercial hub. Regarding Sicily, this study has mostly drawn information from a yet unexploited source: general average procedures drawn up in Genoa. General average (GA) was (and still is nowadays) a legal instrument used in maritime trade to share between all parties involved the expenses which can befall ships and cargoes from the time of their loading aboard until their unloading (due to accidents, jettison, etc.). These documents have been collected in an online database soon to be published as part of the ERC-funded AveTransRisk project. They offer valuable insights on shipmasters and merchants, cargo values, ports of destination, wheat prices, etc. All the sources are available on the online database resulting from the AveTransRisk project, of which we are members (). For the trade in North African wheat, we have mostly used documents related to the Genoese 'colony' of Tabarka, administered by the Lomellini family. These sources are kept in the Genoese archives as well as in the Archives Nationales of Paris. [ABSTRACT FROM AUTHOR]

The harm caused by marine plastic pollution to the wider environment highlights its importance as a governance issue. The Fifth United Nations Environment Assembly (UNEA) adopted a resolution, “End Plastic Pollution: Towards an International Legally Binding Instrument”, which represents a shift towards globalism in the governance of marine plastic pollution. This resolution focuses on the circular economy of plastics and highlights the role of corporations in contributing to a more socially responsible society, thereby increasing emphasis has been placed on the Extended Producer Responsibility (EPR) system that integrates the two factors referred to above. This paper provides a full technical explanation of the EPR system and its implementation in entities such as the European Union, the United States, and China. The challenges faced when integrating the EPR system into international legal instruments for plastic governance were identified, including the different national perspectives, the absence of a supervisor in the public domain, the obscurity of its application, and the lack of supporting measures for the implementation of the system. Therefore, new standards and requirements in the governance of marine plastic pollution and the advantages associated with implementing the full-life-cycle obligations under the EPR system on plastic producers should be fully considered. On this basis, the positioning and implications of the EPR system should be clarified by obligation-oriented regulation and extension-based interpretation. Moreover, the extended and prolonged applicability of the system, including the original sources of marine plastic wastes and considerations of the full-life-cycle of plastics, should be achieved in pursuit of improvements and upgrades in application and complementary policies. If this can be achieved, it is hoped that the goals of protecting human health and controlling plastic pollution can be achieved, contributing to the development of an ocean-based economy and a better world. [ABSTRACT FROM AUTHOR]

Urban heritage is an indicator of people's idiosyncrasies. Significant values and meanings are created, and their decline can be controlled through conservation. Unfortunately, conservation in Kenya has been endorsed somewhat by powerful politicians and administrators for partisan objectives. They have failed to enforce existing conservation law and tried to appropriate value heritage assets. This paper, therefore, assesses the challenges of heritage conservation, the extent of systematic heritage destruction and the causes of conflict in the heritage conservation of Kenya. Three cases have been examined: the Ojijo Road Flats in Nairobi, Endorois court case and the Kaya Forest sacred ritual sites. A research programme was designed which involved participants with relevant knowledge. It emerged that conflict of interest, limited consultation and poor heritage management had resulted in the loss of heritage authenticity, integrity, and values. Furthermore, lack of public involvement and limited resources derailed heritage conservation. A literature review revealed the extent to which national legal instruments lacked reference to community responsibility in heritage conservation. The study concludes that a relevant conservation policy needs to be established to enhance sustainable heritage conservation and management in Kenya. [ABSTRACT FROM AUTHOR]

Context: Public health law is an important tool in non-communicable disease (NCD) prevention. There are different approaches available for achieving policy objectives, including government, co-, quasi- and self-regulation. However, it is often unclear what legal design features drive successes or failures in particular contexts. This scoping review undertakes a descriptive analysis, exploring the design characteristics of legal instruments that have been used for NCD prevention and implemented and evaluated in OECD countries. Methods: A scoping review was conducted across four health and legal databases (Scopus, EMBASE, MEDLINE, HeinOnline), identifying study characteristics, legal characteristics and regulatory approaches, and reported outcomes. Included studies focused on regulation of tobacco, alcohol, unhealthy foods and beverages, and environmental pollutants. Findings: We identified 111 relevant studies evaluating 126 legal instruments. Evaluation measures most commonly assessed implementation, compliance and changes to the built and lived environment. Few studies evaluated health or economic outcomes. When examining the design and governance mechanisms of the included legal instruments, government regulation was most commonly evaluated (n = 90) and most likely to be reported effective (64%). Self-regulation (n = 27) and quasi-regulation (n = 5) were almost always reported to be ineffective (93% and 100% respectively). There were few co-regulated instruments evaluated (n = 4) with mixed effectiveness. When examining public health risks, food and beverages including alcohol were more likely to be self- or quasi-regulated and reported as ineffective more often. In comparison, tobacco and environmental pollutants were more likely to have government mandated regulation. Many evaluations lacked critical information on regulatory design. Monitoring and enforcement of regulations was inconsistently reported, making it difficult to draw linkages to outcomes and reported effectiveness. Conclusions: Food and alcohol regulation has tended to be less successful in part due to the strong reliance on self- and quasi-regulation. More work should be done in understanding how government regulation can be extended to these areas. Public health law evaluations are important for supporting government decision-making but must provide more detail of the design and implementation features of the instruments being evaluated – critical information for policy-makers. [ABSTRACT FROM AUTHOR]

The Treaty establishing the East African Community (EAC) and the Common Market Protocol advocates for the cross-border legal practice in the EAC. To effectively implement cross-border legal practice, other legal instruments were needed at the EAC level. It has been more than a decade since such instruments were drafted but not adopted. In addition, the Partner States needed to adopt laws that favor cross-border legal practice. So far, some Partner States have tried to do so, while others have not. Such disparities are the subject of this paper which, after taking stock of the status and obstacles to cross-border legal practice in the EAC, formulates recommendations to make cross-border legal practice a reality in the EAC. [ABSTRACT FROM AUTHOR]

Against the backdrop of scholarship on the internal causes of conflicts, this study examined how government institutions externally fuel persistent communal conflicts (PCC) in Nigeria. With multiple methods and triangulation of sampling techniques, we examined 12 pairs of warring communities, 4464 respondents, and 18 key interviewees. The causes of PCC were misapplication of constitutional/legal instruments and biased enforcement administration that favored one community over the other. Through matrix correlation, institutions like constitution and legal mechanisms, peace‐building mechanisms, and the enforcement agents' roles fuelled PCC among the warring communities. This correlation has a negative relationship that led to the people's loss of confidence in the umpires, vengeance, jungle justice and intolerance among the warring communities. We concluded that these institutional lapses created a class of disadvantaged and aggressive victims who have become intolerant of other communities. There is a need to sanitize governmental institutions to treat communal disputes with justice and fairness. [ABSTRACT FROM AUTHOR]

In the Official Journal of the European Union, series L134/15 of May 11, 2022, Council Decision (EU) 2022/722 of April 5, 2022, authorizing member states to sign, in the interest of the European Union, the Second Protocol, was published additional to the Cybercrime Convention regarding enhanced cooperation and the disclosure of electronic evidence. In this sense are also the most important Decisions of the Court of Justice of the European Union from October 2020 as well as the increasingly frequent requests of the Member States regarding a legal framework organized at the level of the European Union in relation to the retention of data for the purpose of research and criminal prosecution. The objective of this article is to provide information on developments in international, national and European Union legal instruments on computer crime. [ABSTRACT FROM AUTHOR]