scholarly journals Milestones in Nuclear Law: A Journey in Nuclear Regulation

Nuclear Law ◽  
2022 ◽  
pp. 55-73
Author(s):  
Stephen Burns
Keyword(s):  
Nuclear Energy ◽  
National Level ◽  
Legal Framework ◽  
Institutional Capacity ◽  
Legal Regime ◽  
Policy Makers ◽  
Key Aspects ◽  
International Instruments ◽  
Further Development ◽  
Constructive Interaction

AbstractThe development of the nuclear legal framework has been an interesting journey reflecting a commitment to addressing the key aspects of the peaceful uses of nuclear energy through a variety of approaches using both binding treaties and conventions and non-binding codes and guidance. This complex framework of hard and soft law instruments has developed in response to action forcing events. Future development of the legal regime will be aided by greater harmonization and commitment to ensuring that institutions at an international and national level are transparent and willing to engage in constructive interaction with stakeholders. Legal advisers will continue to play an important role in assisting policy makers and technical experts in crafting comprehensive and effective approaches to further development of the framework for nuclear energy and its regulation. In those deliberations a number of key elements should be highlighted. This chapter suggests that elements are stakeholder trust, strong institutional capacity, and integration of international instruments and standards at national levels.

scholarly journals Witness protection in the criminal justice system of the Baham

2020 ◽  
Vol 12 (1) ◽  
pp. 167-194
Author(s):  
David Baxter Bakibinga
Keyword(s):  
Criminal Justice ◽  
National Level ◽  
Legal Framework ◽  
The Bahamas ◽  
Protection Measures ◽  
Policy Makers ◽  
Criminal Justice Systems ◽  
The Government ◽  
Aid Policy

Witness protection is now firmly entrenched in the modern criminal justice systems especially in jurisdictions dealing with organized and violent crime. The decision by the government of The Commonwealth of The Bahamas to enact legislation in respect to procedural and non-procedural measures for protection of witnesses is commendable, given that violent and organized crime is rife in the country. This article highlights the basic tenets of witness protection and the legal framework, both at the international and national level. It also addresses the role of key duty bearers in the process of witness protection. Furthermore the procedural and non-procedural measures taken by law enforcement officers in The Bahamas are explored. And lastly, the challenges encountered in the implementation of the witness protection measures in The Bahamas are examined. This is intended to aid policy makers, advisers and those entrusted with decision making, like parliamentarians, to devise means and ways to eradicate and/or mitigate challenges faced in the implementation of witness protection measures in The Bahamas.

ADMINISTRATIVE MEASURES FOR PREVENTION OF CORRUPTION IN THE BODIES OF THE NATIONAL POLICE

2020 ◽  
Vol 10 (4) ◽  
pp. 87-93
Author(s):  
Marian Hurkovskyi ◽  
Keyword(s):  
Public Service ◽  
Theoretical Aspect ◽  
Legal Framework ◽  
Public Officials ◽  
Legal Regime ◽  
The Public ◽  
Number Of Factors ◽  
Special Rules ◽  
International Instruments ◽  
National Police

The administrative measures for preventing corruption in the system of the National Police are investigated. The category �legal measures� in the context of modern scientific thought is considered in the theoretical aspect. The normative and legal framework for preventing corruption in the National Police is analyzed. During the analysis, the need to develop the institution of administrative measures for preventing corruption as the most widely used legal means in the system of preventing corruption in terms of international instruments in this field is substantiated. The significance of legal prohibitions and legal incentives in the system of administrative measures is revealed. Administrative measures for preventing corruption in the National Police bodies form a legal regime that is special in relation to the general administrative and legal regime of the public service and can be characterized as an ordinary, permanent, mostly prohibitive administrative and legal regime for preventing corruption in the National Police. The specificity of the administrative and legal regime for the prevention of corruption is defined by the formation of general provisions addressed to all public officials and special rules addressed exclusively to the police. The effectiveness of the administrative and legal regime is determined by a number of factors due to anti-corruption standards. The importance of anti-corruption standards for administrative measures of preventing corruption in the bodies, services and units of the National Police and the need of their development depending on the specifics of the unit are determined. Conceptual tasks of improving administrative measures for preventing corruption in the National Police are formulated.

scholarly journals Fishy business: regulatory and enforcement challenges of transnational organised IUU fishing crimes

2021 ◽  
Author(s):  
Andrea A. Stefanus ◽  
John A. E. Vervaele
Keyword(s):  
Criminal Law ◽  
National Level ◽  
Legal Framework ◽  
Transnational Crime ◽  
Main Question ◽  
Policy Makers ◽  
Iuu Fishing ◽  
International Fisheries

AbstractThe article aims to find the answer on the main question of how can the criminalisation of IUU fishing, especially when committed by OCGs, under suppression conventions tackle the deficits of regulations and enforcement at the international and national levels? These deficits have origin in the limited prescription by international fisheries instruments and a large autonomy and discretion of states leading to substantive divergent policies, legal framework and practices at the national level. Further, the actual international fisheries instruments do not provide for regulatory and enforcement solutions in relation to the involvement of OCGs in IUU fishing. We argue that suppression conventions at global and regional levels could serve as solutions to supplement the deficits. In explaining the argument, first we examine the phenomenon of IUU fishing and its TOC dimensions, and the significant harms caused by it. Second, we examine the regulations and enforcement provisions of international and national fisheries instruments to establish the deficits. Third, we elaborate why suppression conventions are suitable solutions. Fourth, we analyse how suppression conventions can be regulated at global and regional levels in a way that they tackle the deficits. The results of this study can be used as a reference on how a transnational crime can be criminalised under suppression conventions both in terms of its reasonings and options and thus can contribute to the study of transnational criminal law. This study is important for transnational criminal law scholars, policy makers and practitioners in the field of enforcement.

scholarly journals Particularities of the Legal Framework for the Mexican Emissions Trading System

2021 ◽  
pp. 109-131
Author(s):  
Rosalía Ibarra Sarlat
Keyword(s):  
Climate Change ◽  
Emissions Trading ◽  
National Level ◽  
Legal Framework ◽  
Control Measures ◽  
Economic Activities ◽  
Trading System ◽  
Regulatory Analysis ◽  
International Instruments ◽  
Emissions Trading System

AbstractThis paper examines the legal bases for the mandatory regulation of the emissions trading system in Mexico. They are derived from the main international instruments on climate change: the United Nations Framework Convention on Climate Change (UNFCCC) and its ambitious objective, the quantifiable commitment of the Kyoto Protocol, and its tie to economic instruments. The Paris Agreement, the Nationally Determined Contributions (NDCs) and the market mechanisms regulated in Article 6, the implementation of which is essential to achieve the Agreement’s objectives are also part of this broad system. Legally, the international foundations of the emissions trading system are reflected at the national level. For these, the constitutional and legal bases underpin the current regulation of the mandatory market instrument. It aims to effectively reduce, in terms of costs, the greenhouse gas emissions from the most polluting economic activities, without replacing direct control measures. The core aspects of this system are highlighted from a national regulatory analysis, with special emphasis on the importance of a limited cap and its future reduction, as well as the legal nature of allowances that are allocated by the public administration to the regulated industries’ facilities.

Thematic Priorities For Sustainable Development of Ukraine-Romania Cross-Border Cooperation (The Case Study of Chernivtsi Region)

2020 ◽  
pp. 205-219
Author(s):  
Valentyna Bohatyrets ◽  
Liubov Melnychuk ◽  
Yaroslav Zoriy
Keyword(s):  
Foreign Policy ◽  
Quantitative Research ◽  
Legal Framework ◽  
Cultural Development ◽  
Cross Border ◽  
Strategic Orientations ◽  
The Impact ◽  
Further Development ◽  
Cross Border Cooperation ◽  
The Eu

This paper seeks to investigate sustainable cross-border cooperation (CBC) as a distinctive model of interstate collaboration, embedded in the neighboring borderland regions of two or more countries. The focus of the research revolves around the establishment and further development of geostrategic, economic, cultural and scientific capacity of the Ukrainian-Romanian partnership as a fundamental construct in ensuring and strengthening the stability, security and cooperation in Europe. This research highlights Ukraine’s aspirations to establish, develop and diversify bilateral good-neighborly relations with Romania both regionally and internationally. The main objective is to elucidate Ukraine-Romania cross-border cooperation initiatives, inasmuch Ukraine-Romania CBC has been stirring up considerable interest in terms of its inexhaustible historical, cultural and spiritual ties. Furthermore, the similarity of the neighboring states’ strategic orientations grounds the basis for development and enhancement of Ukraine-Romania cooperation. The authors used desk research and quantitative research to conclude that Ukraine-Romania CBC has the impact not only on the EU and on Ukraine multi-vector foreign policy, but it also has the longer-term global consequences. In the light of the current reality, the idea of introducing and reinforcing the importance of Cross-Border Cooperation (CBC) sounds quite topical and relevant. This research considers a number of explanations for Ukraine-Romania Cross-Border Cooperation as a key element of the EU policy towards its neighbors. Besides, the subject of the research is considered from different perspectives in order to show the diversity and complexity of the Ukraine-Romania relations in view of the fact that sharing common borders we are presumed to find common solutions. As the research has demonstrated, the Ukraine-Romania cross border cooperation is a pivotal factor of boosting geostrategic, economic, political and cultural development for each participant country, largely depending on the neighboring countries’ cohesion and convergence. Significantly, there is an even stronger emphasis on the fact that while sharing the same borders, the countries share common interests and aspirations for economic thriving, cultural exchange, diplomatic ties and security, guaranteed by a legal framework. The findings of this study have a number of important implications for further development and enhancement of Ukraine-Romania cooperation. Accordingly, the research shows how imperative are the benefits of Romania as a strategic partner for outlining top priorities of Ukraine’s foreign policy.

Good Governance

2019 ◽  
Author(s):  
Henk Addink
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Good Governance ◽  
National Level ◽  
Administrative Law ◽  
Modern State ◽  
The Rule Of Law ◽  
The Third ◽  
Legal Perspective ◽  
Further Development

The pivotal aim of this book is to explain the creation, development, and impact of good governance from a conceptual, principal perspective and in the context of national administrative law. Three lines of reasoning have been worked out: developing the concept of good governance; specification of this concept by developing principles of good governance; and implementation of these principles of good governance on the national level. In this phase of further development of good governance, it is important to have a clear concept of good governance, presented in this book as the third cornerstone of a modern state, alongside the concepts of the rule of law and democracy. That is a rather new national administrative law perspective which is influenced by regional and international legal developments; thus, we can speak about good governance as a multilevel concept. But the question is: how is this concept of good governance further developed? Six principles of good governance (which in a narrower sense also qualify as principles of good administration) have been further specified in a systematic way, from a legal perspective. These are the principles of properness, transparency, participation, effectiveness, accountability, and human rights. Furthermore, the link has been made with integrity standards. The important developments of each of these principles are described on the national level in Europe, but also in countries outside Europe (such as Australia, Canada, and South Africa). This book gives a systematic comparison of the implementation of the principles of good governance between countries.

Patient Autonomy, Capacity, and Consent

2020 ◽  
Author(s):  
Mary Donnelly ◽  
Jessica Berg
Keyword(s):  
United States ◽  
National Level ◽  
The United States ◽  
Legal Framework ◽  
National Standard ◽  
Legal Principles ◽  
Key Issues ◽  
Human Rights Norms ◽  
Law And Legislation

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.

Conflict of Laws and the Return of Indigenous Peoples’ Cultural Property: A Latin American Perspective

2019 ◽  
Vol 26 (4) ◽  
pp. 437-456
Author(s):  
María Julia Ochoa Jiménez
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Latin American ◽  
National Level ◽  
Cultural Property ◽  
Cultural Value ◽  
Property A ◽  
American Perspective ◽  
International Instruments ◽  
Conflict Of Law

Abstract:In Latin America, conflict-of-law norms have not appropriately considered the cultural diversity that exists in their legal systems. However, developments towards the recognition of Indigenous peoples’ human rights, at the international and national levels, impose the task of considering such diversity. In that regard, within the conflict-of-law realm, interpersonal law offers a useful perspective. This article proposes a conflict-of-law rule that can contribute to clarity and legal certainty, offering a sound way of dealing at the national level with Indigenous peoples’ claims for restitution of property with a cultural value for them, which is framed in international instruments on human rights.

scholarly journals What We Talk about When We Talk about Poverty: Culture and Welfare State Development in Britain, Denmark and France

2021 ◽  
pp. 1-24
Author(s):  
Cathie Martin ◽  
Tom Chevalier
Keyword(s):  
Economic Growth ◽  
National Level ◽  
Political Stability ◽  
Historical Case ◽  
Policy Makers ◽  
The Poor ◽  
Fiction Writers ◽  
Welfare State Development ◽  
Political Agents ◽  
Cross National

Why did historical anti-poverty programs in Britain, Denmark and France differ so dramatically in their goals, beneficiaries and agents for addressing poverty? Different cultural views of poverty contributed to how policy makers envisioned anti-poverty reforms. Danish elites articulated social investments in peasants as necessary to economic growth, political stability and societal strength. British elites viewed the lower classes as a challenge to these goals. The French perceived the poor as an opportunity for Christian charity. Fiction writers are overlooked political agents who engage in policy struggles. Collectively, writers contribute to a country's distinctive ‘cultural constraint’, or symbols and narratives, which appears in the national-level aggregation of literature. To assess cross-national variations in cultural depictions of poverty, this article uses historical case studies and quantitative textual analyses of 562 British, 521 Danish and 498 French fictional works from 1770 to 1920.

Space Debris Mitigation as an International Law Obligation

2015 ◽  
Vol 17 (3) ◽  
pp. 297-335
Author(s):  
Lawrence Li
Keyword(s):  
International Law ◽  
Space Debris ◽  
Outer Space ◽  
Legal Framework ◽  
International Responsibility ◽  
International Liability ◽  
International Instruments ◽  
Space Activities ◽  
Proper Interpretation ◽  
Debris Mitigation

Human space activities have grown rapidly in recent decades, but the international legal framework, comprising of the five space treaties, has largely remained unchanged since the 1980s. One of the consequences is that international responsibility and liability for space debris, which is a major hazard to space activities, have also remained uncertain for years. Nonetheless, States have responded to these problems by implementing national voluntary measures. More importantly, two major non-binding international instruments have been laid down by the Inter-Agency Space Debris Coordination Committee and the United Nations Committee on the Peaceful Uses of Outer Space, respectively. This article argues that, in light of recent States practice established under these international instruments, and a proper interpretation of the space treaties, it has been recognised by the international community that States are obliged to mitigate the generation of space debris, a failure of which will lead to international liability.

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