scholarly journals Protection of elephants and sustainable use of ivory in Thailand

Oryx ◽  
2021 ◽  
pp. 1-8
Author(s):  
Apinya Chaitae ◽  
Iain J. Gordon ◽  
Jane Addison ◽  
Helene Marsh
Keyword(s):  
Legal Status ◽  
Sustainable Use ◽  
Legal Protection ◽  
Cultural Significance ◽  
African Elephants ◽  
Complex Situation ◽  
Legal Reforms ◽  
International Pressure ◽  
Domestic Trade ◽  
Thai Government

Abstract The Asian elephant Elephas maximus is of cultural significance for the Thai people. The development of legal protection for elephants in Thailand dates back to the 17th century, reflecting concerns about both human livelihoods and elephant conservation. The legal status of privately owned, captive elephants differs from that of wild individuals, with consequences for the lawful use of ivory from captive animals. Prior to 2015, the lack of comprehensive measures to control the Thai ivory market enabled the laundering of illegally sourced ivory in the country. The Thai government introduced legal reforms in 2015, imposing strict controls over the possession and domestic trade of ivory from captive Asian elephants, and aligning the protection of African elephants and their ivory with CITES regulations. Nonetheless, the sustainable use of Thai ivory remains disputed, and international pressure to close the commercial trade in domestic ivory persists. Here we review this complex situation, aiming to inform future reforms. Consolidation of laws related to elephants and ivory would facilitate law enforcement and compliance. Use of an electronic database would improve the monitoring of ivory movements and aid the implementation and enforcement of laws.

THE IMPORTANCE OF THE LAW "ON OPERATIONAL INSPECTION ACTIVITIES" IN THE IMPLEMENTATION OF PREVENTION OF OFFENSES

2021 ◽  
Vol 6 (6) ◽  
pp. 71-78
Author(s):  
Farxod Djurayev ◽  
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Joint Work ◽  
Basic Principles ◽  
The Law ◽  
Causes Of Crime ◽  
Prevention Of Crime

The article is devoted to the prevention of crime, maintenance of public order and early crime prevention, identification and elimination of the causes of crime in each district, family and individual, classification of each district depending on the crime situation in these regions and joint work to attract all forces and means to identify and eliminate the causes of crime, the role of the law "On operational-search activities" in the prevention of offenses, the concept of operational-search activities, the main tasks, basic principles; bodies carrying out operational-search activities, their legal status; types of operational-search measures and their comments regarding the procedure for conducting a search; social and legal protection of law enforcement officers and persons assisting in the conduct of such events, as well as their family members

International legal framework for the criminal legal protection of the embryo

2021 ◽  
pp. 296-308
Author(s):  
Nikolai A. Ognerubov
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
International Aspects

In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.

scholarly journals Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

scholarly journals The legal protection of the accrued contributions in the Greek Public Pension Fund for the Self-Employed in view of the latest reductions

2016 ◽  
Vol 9 (1) ◽  
Author(s):  
George Simeonidis ◽  
Dafni Diliagka ◽  
Anna Tsetoura
Keyword(s):  
Old Age ◽  
Pension Fund ◽  
Legal Status ◽  
Legal Protection ◽  
Public Pension ◽  
The Self ◽  
Financial Resources ◽  
Public Pension Fund ◽  
Legal Arguments ◽  
Pension Benefits

This paper focuses on the pensioners of the Greek public pension fund for the selfemployed (OAEE) and is divided into two parts. The first part comprises calculations of pension reductions in certain cases for the selfemployed. The analysis of the former illustrates the great difference in handling pensioners<br />receiving low and high old-age pension benefits. The second part analyses the legal protection of the high-earnings pensioners precipitated by the Greek financial crisis. It is concluded that while there is no existing legal protection, there are some moral and legal arguments in support of their protection to<br />ensure that their legal status is not undermined due to restricted financial resources.

scholarly journals Dekonstrukcja wolnego zawodu w systemie totalitarnym na przykładzie regulacji prawnej wykonywania zawodu rzecznika patentowego w Polsce w okresie stalinowskim

2021 ◽  
Vol 43 (3) ◽  
pp. 7-19
Author(s):  
Jacek Borowicz
Keyword(s):  
Soviet Union ◽  
Legal Status ◽  
Legal Protection ◽  
Professional Autonomy ◽  
Economic Planning ◽  
The State ◽  
Patent Office ◽  
Planning Commission ◽  
Economic Activities ◽  
Patent Attorney

In Poland before the Second World War, the profession of patent attorney was categorised as one of the so-called liberal professions. Its legal status and rules of practice were compared to the solicitor profession. A patent attorney practiced his profession personally, independently, and autonomously. In order to exercise his profession, he ran an independent patent attorney’s office. In the second half of the 1940s, with the communists taking power in Poland, a radical transformation of the social, political, economic, and legal system of the state along the lines of Stalin’s Soviet Union began. Any social, political, or economic activities characterised by independence and autonomy were thus in axiological contradiction with the ideology of the planned totalitarian state. The Act on the Establishment of the College of Patent Attorneys passed on 20 December 1949 completely abolished the structure of the patent attorney profession as a free profession, exercised in its own name and on its own account. From that moment on, the patent attorney became a civil servant performing their professional activities under strict hierarchical subordination to his superiors. There was no guarantee of their intellectual independence or professional autonomy. The practice of the patent attorney profession was subject to public law. The Patent Attorneys College was in fact another state office. It was organisationally and financially linked to the Patent Office — an administrative body granting legal protection to objects of industrial and commercial property, collecting and making available patent documentation and literature. The president of the Patent Office supervised the Patent Attorneys College. Both the Patent Attorneys College and the Patent Office were supervised by the State Economic Planning Commission. The State Commission for Economic Planning was a kind of super-ministry, tasked with a Soviet-style mission of closely supervising and controlling the entire centralised economy of the Polish state. The chairman of the State Economic Planning Commission also had key powers to influence patent attorneys. It was he who determined the subject of their professional examination, he who appointed a person meeting the statutory requirements to the position of a patent attorney. He could also exempt a candidate for the profession from meeting the requirements as well as appoint the president of the Patent Attorneys College. The Act of 20 December 1949 was repealed with the end of the Stalinist period in Poland. In 1958, the profession of patent attorney was briefly reinstated as a free profession. After that, until the end of the existence of the socialist state called the Polish People’s Republic, patent attorneys performed their profession as employees within the meaning of the labour law. It was not until the fall of communism in Poland that the profession of a patent attorney was re-established as a liberal profession under the provisions of the Act on Patent Attorneys of 9 January 1993.

scholarly journals Protecting Sentient Artificial Intelligence: A Survey of Lay Intuitions on Standing, Personhood, and General Legal Protection

2021 ◽  
Vol 8 ◽  
Author(s):  
Eric Martínez ◽  
Christoph Winter
Keyword(s):  
Artificial Intelligence ◽  
United States ◽  
Intelligent Systems ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Doctrine ◽  
Legal Personhood ◽  
Political Differences ◽  
Near Future ◽  
Far Future

To what extent, if any, should the law protect sentient artificial intelligence (that is, AI that can feel pleasure or pain)? Here we surveyed United States adults (n = 1,061) on their views regarding granting 1) general legal protection, 2) legal personhood, and 3) standing to bring forth a lawsuit, with respect to sentient AI and eight other groups: humans in the jurisdiction, humans outside the jurisdiction, corporations, unions, non-human animals, the environment, humans living in the near future, and humans living in the far future. Roughly one-third of participants endorsed granting personhood and standing to sentient AI (assuming its existence) in at least some cases, the lowest of any group surveyed on, and rated the desired level of protection for sentient AI as lower than all groups other than corporations. We further investigated and observed political differences in responses; liberals were more likely to endorse legal protection and personhood for sentient AI than conservatives. Taken together, these results suggest that laypeople are not by-and-large in favor of granting legal protection to AI, and that the ordinary conception of legal status, similar to codified legal doctrine, is not based on a mere capacity to feel pleasure and pain. At the same time, the observed political differences suggest that previous literature regarding political differences in empathy and moral circle expansion apply to artificially intelligent systems and extend partially, though not entirely, to legal consideration, as well.

Crowdwork

2021 ◽  
Author(s):  
Juliane Martin
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Legal Protection ◽  
Central Point ◽  
Dynamic Form

Crowdwork, a new and dynamic form of employment with growing importance, has been a subject of numerous legal and political discussions for some time. A central point of discussion is how a certain level of legal protection for crowdworkers can be achieved within such a model. To clarify this, the legal status of crowdworkers needs to be determined: Is a crowdworker an employee, an employee-like person / homeworker, or self-employed? In the civil law sector, there is also the question of whether a crowdworker is a consumer or an entrepreneur.

Administrative and legal protection of the rights and legitimate interests of citizens in the field of defense and security of the Russian Federation

2021 ◽  
Author(s):  
Yuliya Fedotova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
State Control ◽  
Functional Characteristics ◽  
Wide Range ◽  
Legitimate Interests ◽  
The Russian Federation

The monograph is devoted to the administrative and legal protection of the rights and legitimate interests of citizens in the field of defense and security of the Russian Federation. The mechanism of administrative and legal support of defense and security and the administrative and legal status of citizens as subjects of this activity are disclosed. The author's vision of the concept and content of administrative and legal protection is justified, the functional characteristics of the powers of state authorities are given, and the specifics of state control in this area are indicated. It is intended for students, cadets, postgraduates, teachers, practitioners, as well as a wide range of readers interested in the problems of ensuring defense and security.

Negotiating an International Legal Instrument on Biodiversity Beyond National Jurisdiction: A Look Ahead

2021 ◽  
pp. 1-17
Author(s):  
Marta Abegón Novella
Keyword(s):  
Legal Status ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Marine Biodiversity ◽  
General Interest ◽  
Due Diligence ◽  
Look Ahead ◽  
National Jurisdiction ◽  
Final Agreement ◽  
Core Issues

The negotiation of the future Agreement governing the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction is in its final stage. Essentially a treaty for the protection of general interests, the Agreement can generate several benefits for the governance of the oceans. However, in the first three sessions of the intergovernmental conference, deep discrepancies have emerged with respect to the core issues of the package agreed in 2011. This article identifies various formulas and strategies that have been considered in the negotiations and incorporated in the Revised draft text as possible regulatory options with the potential to bring positions closer and facilitate the agreement: avoiding explicit reference to the legal status of marine genetic resources; the incorporation of differential and contextual norms; the introduction of due diligence obligations; the incorporation of internal soft law; and the reduction of the scope of the treaty. These options may help to provide flexibility and differentiation in the regulation but, as essentially pragmatic measures, they tend to sacrifice the ambition of the final Agreement. On the other hand, if States assume their real role and responsibility in the process –that of interpreters of general interest and custodians of marine biodiversity –they would be in a better position to find novel and more ambitious solutions for bringing this crucial Agreement to fruition. This article advocates a return to basics and the placing of the marine environment at the centre of the regulations.

Gender-Based Violence, Law, Justice and Health: Some Reflections

2020 ◽  
Vol 13 (1) ◽  
pp. 29-33 ◽  
Author(s):  
Geetanjali Gangoli
Keyword(s):  
Legal Protection ◽  
Determinants Of Health ◽  
Gender Based Violence ◽  
Legal Reforms ◽  
Law And Justice ◽  
Gender Based

Abstract This article is a response to the Lancet Commission on the Legal Determinants of Health from gendered perspectives and focusing on gender-based violence and abuse. The Lancet Commission sees the role of law as positive, indeed central in providing justice in global contexts, and this contribution explores and unpacks this assertion, drawing on some examples from India and elsewhere. Some feminists have argued that law and justice are incompatible for women, and this is sometimes borne out when we look at legal reforms and interventions in the field of gender-based violence. However, we also explore the ways in which some women have used legal reforms in creative ways to destabilize patriarchal norms, and more broadly, how absence of legal protection can undermine access to rights. We conclude that law can have a symbolic relationship with justice.

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