scholarly journals The School Strike for Climate as people’s engagement in the transnational legal process and global constitutionalism

2021 ◽  
pp. 1-18
Author(s):  
Binendri Perera
Keyword(s):  
Hong Kong ◽  
New Technology ◽  
Legal Framework ◽  
Climate Justice ◽  
International Level ◽  
Legal Process ◽  
Global Constitutionalism ◽  
Legal Frameworks ◽  
Transnational Legal Process ◽  
Domestic Level

Abstract What is the significance of the School Strike for Climate from an international constitutional perspective? In this article, I compare the School Strike for Climate with the Hong Kong protests of 2019–20. Both these movements became necessary because of gaps in their countries’ respective domestic and international legal frameworks – what I term constitutionalism gaps. The immediate cause of each protest was how state and non-state actors exploited these constitutionalism gaps in the existing legal framework. Protests in Hong Kong were triggered by the attempt to enact an Extradition Law that threatened people’s autonomy, whereas the School Strike for Climate is a response to the failure of the state to deliver climate justice. Both these movements use similar strategies of advocacy and they have relied extensively on new technology. Based on this comparison, I argue that the School Strike for Climate promotes procedural and substantive values of constitutionalism at the international level, similar to the Hong Kong Protests at the domestic level. Through the School Strike for Climate, people seek to engage directly in the transnational legal process. In attempting to bridge the constitutionalism gap at the international level, the School Strike for Climate promotes values of global constitutionalism.

scholarly journals Role of Modern Scientific and Technological Solutions in the Criminological Policy: Legal Frameworks and International Experience

2020 ◽  
Vol 11 (4) ◽  
Author(s):  
Kairat Atabekov ◽  
Gavriil Kostenko
Keyword(s):  
Crime Prevention ◽  
Legal Framework ◽  
International Level ◽  
Theoretical Concepts ◽  
Crime Prediction ◽  
Crime Investigation ◽  
Governmental Institutions ◽  
Legal Frameworks ◽  
Technical Solutions

The article provides an overview of certain technical solutions, used in different countries for crime prevention along with the basic legal framework. The authors mentioned various approaches to the criminological policy; summarized certain basic theoretical concepts developed within the last centuries, such as neo-biological, critical criminological and everyday theory. Discussing modern criminological situation at the international level, the authors stressed the importance of the international cooperation in the field of crime prediction, crime prevention, and crime investigation. Referring to the topic of governmental institutions responsible for the criminological policies, the authors examined the situation in different countries to compare different legislative systems.

scholarly journals PERAN INDONESIA DALAM MEMERANGI TERORISME

2018 ◽  
Vol 16 (2) ◽  
pp. 135
Author(s):  
Reni Windiani
Keyword(s):  
Central Government ◽  
Legal Framework ◽  
Terrorist Attacks ◽  
International Level ◽  
September 11Th ◽  
Counter Terrorism ◽  
Frame Work ◽  
Almost All ◽  
Domestic Level ◽  
United Nation

Since the terrorist attacks of September 11th 2001 in World Trade Centre (WTC), terrorism becomes a hot issue trough out the world. Almost all states agree to counter terrorism, because terrorism is against humanitarianism, and it has caused losses in economy, politics, and psychology.This research is aimed to describe and analyze Indonesia’s multi pronged approach to counter terrorism by using qualitative research method. Based on the data and information provided could be concluded that Indonesia’s role in countering terrorism is seen through three aspects, Government has made a legal frame work on anti-terrorism, form an institution which focus on cooperate with ASEAN. Meanwhile in international level, Indonesia has signed an agreement made by the United Nation, and cooperated with other non-ASEAN countries.Based on the result of this research, researcher’s suggestions for strengthening Indonesia counter terrorism efforts over the next decade are: intensifying coordination and communication between the central government and local government in the domestic level in order to implement what has been written in the legal framework. In the regional level, ASEAN needs to increase cooperation related to information and defense. Lastly, in the international level, there 

scholarly journals Legal Complexities of Entry, Rescue, Seizure and Disposal of Disaster-Affected Companion Animals in New Zealand

Animals ◽  
2020 ◽  
Vol 10 (9) ◽  
pp. 1583
Author(s):  
Steve Glassey
Keyword(s):  
New Zealand ◽  
Companion Animals ◽  
Legal Framework ◽  
Legal Authority ◽  
Sequential Process ◽  
Legal Process ◽  
Legal Provisions ◽  
Legal Frameworks ◽  
Civil Defence ◽  
Do So

With the increasing societal expectation that animals are afforded greater protection in emergencies, the legal process from entering a property to rescuing a companion animal, through to how to dispose of such animals if they remain unclaimed has not been well examined in New Zealand. It is hypothesised that the legal framework for such a response is flawed. In this study, each phase of animal disaster rescue is evaluated against four key statutes that may apply in each phase, in that does any statute provide clear end-to-end provisions with clear legal authority to do so? The study found that all statutes evaluated contained flaws and that the current legal provisions are insufficient to provide clear authority for the sequential process of undertaking the rescue of animals during emergencies. A major flaw was discovered in the Civil Defence Emergency Management Act 2002, a key statute, that provided for the seizure of property and animals but omitted a procedure for the disposal of such seized things leaving them all in legal limbo. It is recommended that animal disaster laws be updated to be more animal inclusive. The method also may be applicable to assist evaluating animal disaster management legal frameworks in other countries.

Transnational Legal Process and Discourse in Environmental Governance: The Case of REDD+ in Tanzania

2019 ◽  
Vol 44 (04) ◽  
pp. 1019-1050 ◽  
Author(s):  
Sébastien Jodoin
Keyword(s):  
Discourse Analysis ◽  
Environmental Governance ◽  
Forest Degradation ◽  
Climate Justice ◽  
Ecological Modernization ◽  
Legal Process ◽  
Legal Norms ◽  
Global Institutions ◽  
Transnational Legal Process ◽  
Civic Environmentalism

Governments in developing countries have adopted policies, laws, and programs to reduce carbon emissions from deforestation and forest degradation (REDD+), with the funding and rules provided by global institutions and transnational actors. The transnational legal process for REDD+, entailing the construction and diffusion of legal norms that govern the pursuit of REDD+, has been driven by discursive struggles over the purposes and requirements of REDD+. At the global level, the development of legal norms for REDD+ has been primarily influenced by coalitions committed to the discourses of ecological modernization, civic environmentalism, and to a lesser extent, climate justice. Through discourse analysis of the transnational legal process for REDD+ in Tanzania, I show how domestic efforts to operationalize REDD+ have been dominated by a government coalition that has emphasized green governmentality, made few concessions to the discourse of civic environmentalism, and completely neglected the climate justice claims of Indigenous Peoples. This case study reveals how discourse analysis may enhance the study of transnational legal phenomena by drawing attention to the complex interplay of global and domestic discourses and its role in shaping legal norms and reinforcing or challenging structures of power and knowledge within and across legal systems.

scholarly journals Legal Complexities of Entry, Rescue, Seizure and Disposal of Disaster Affected Companion Animals in New Zealand

2020 ◽  
Author(s):  
Steve Glassey
Keyword(s):  
New Zealand ◽  
Companion Animals ◽  
Legal Framework ◽  
Legal Authority ◽  
Sequential Process ◽  
Legal Process ◽  
Legal Provisions ◽  
Legal Frameworks ◽  
Civil Defence ◽  
Do So

With the increasing societal expectation that animals are afforded greater protection in emergencies, the legal process from entering a property to rescue a companion animal, through to how to dispose of such animals if they remain unclaimed has not been well examined in New Zealand. It is hypothesised that the legal framework for such response is flawed. In this study, each phase of animal disaster rescue is evaluated against four key statues that may apply in each phase, in that does any statute provide clear end to end provisions with clear legal authority to do so. The study found that all statutes evaluated contained flaws and that the current legal provisions are insufficient to provide clear authority for the sequential process of undertaking rescue of animals during emergencies. A major flaw was discovered in the Civil Defence Emergency Management Act 2002 a key statute, that provided for the seizure of property and animals but omitted a procedure for the disposal of such seized things leaving them all in legal limbo. It is recommended that animal disaster laws are updated to be more animal inclusive. The method also may be applicable to assist evaluating animal disaster management legal frameworks in other countries.

Forensic Evidence in Proving Crimes: Exploring the Legal Frameworks of Sharīʿah Bukti Forensik Bagi Membuktikan Jenayah: Menerokai Rangka Kerja Guaman Sharīʿah

2016 ◽  
Vol 13 (1) ◽  
pp. 220-247
Author(s):  
Sayyid Mohammad Yunus Gilani ◽  
K. M. Zakir Hossain Shalim
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Common Law ◽  
Legal Framework ◽  
New Method ◽  
Criminal Investigation ◽  
Forensic Evidence ◽  
Administration Of Justice ◽  
Legal Frameworks

AbstractForensic evidence is an evolving science in the field of criminal investigation and prosecutions. It has been widely used in the administration of justice in the courts and the Western legal system, particularly in common law. To accommodate this new method of evidence in Islamic law, this article firstly, conceptualizes forensic evidence in Islamic law.  Secondly, explores legal frameworks for its adoption in Islamic law. Keywords: Forensic Evidence, legal framework, Criminal Investigation, Sharīʿah.AbstrakBukti forensik adalah sains yang sentiasa berkembang dalam bidang siasatan jenayah dan pendakwaan. Ia telah digunakan secara meluas dalam pentadbiran keadilan di mahkamah dan sistem undang-undang Barat, terutamanya dalam undang-undang common (common law). Untuk menampung kaedah pembuktian baru ini dalam undang-undang Islam, artikel ini, pertamanya, konseptualisasikan bukti forensik dalam undang-undang Islam. Kedua, ia menerokai rangka kerja undang-undang untuk penerimaannya dalam undang-undang Islam.Kata Kunci: Bukti Forensik, Rangka Kerja Guaman, Siasatan Jenayah, Sharīʿah.

Regulation of Special Economic Zones Through Regional Trade Agreements: Confronting the Synergy Issue

2021 ◽  
Author(s):  
Manjiao Chi
Keyword(s):  
Economic Development ◽  
Policy Making ◽  
Trade Agreements ◽  
Legal Framework ◽  
Regional Trade Agreements ◽  
Special Economic Zones ◽  
International Level ◽  
Regional Trade ◽  
Economic Zones ◽  
Rule Making

ABSTRACT Special economic zones (SEZs) and regional trade agreements (RTAs) are frequently used by states as policy tools to promote economic development. As SEZs and RTAs overlap in geographical coverage and regulation areas and are implemented in parallel, they could create profound synergies. As there is no specialized international legal framework for SEZ regulation, and national SEZ laws seldom touch upon the synergy issue, SEZ regulation is largely left to RTAs at the international level. Yet, existing SEZ-related provisions in RTAs almost exclusively focus on trade in goods and appear insufficient in addressing the synergy issue—especially ‘new synergies’ created by ‘advanced SEZs’ and ‘deep RTAs’. To properly address the synergy issue, states should treat SEZ policy-making and RTA rule-making in a coordinated way and consider adopting a regional or multilateral approach in SEZ regulation.

In/acceptable marketing and consumers' privacy expectations: four tests from EU data protection law

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Gianclaudio Malgieri
Keyword(s):  
Data Protection ◽  
Legal Framework ◽  
Online Marketing ◽  
Step Test ◽  
The European Union ◽  
Content Type ◽  
General Data Protection Regulation ◽  
Managerial Implications ◽  
Data Protection Law ◽  
Legal Frameworks

Purpose This study aims to discover the legal borderline between licit online marketing and illicit privacy-intrusive and manipulative marketing, considering in particular consumers’ expectations of privacy. Design/methodology/approach A doctrinal legal research methodology is applied throughout with reference to the relevant legislative frameworks. In particular, this study analyzes the European Union (EU) data protection law [General Data Protection Regulation (GDPR)] framework (as it is one of the most advanced privacy laws in the world, with strong extra-territorial impact in other countries and consequent risks of high fines), as compared to privacy scholarship on the field and extract a compliance framework for marketers. Findings The GDPR is a solid compliance framework that can help to distinguish licit marketing from illicit one. It brings clarity through four legal tests: fairness test, lawfulness test, significant effect test and the high-risk test. The performance of these tests can be beneficial to consumers and marketers in particular considering that meeting consumers’ expectation of privacy can enhance their trust. A solution for marketers to respect and leverage consumers’ privacy expectations is twofold: enhancing critical transparency and avoiding the exploitation of individual vulnerabilities. Research limitations/implications This study is limited to the European legal framework scenario and to theoretical analysis. Further research is necessary to investigate other legal frameworks and to prove this model in practice, measuring not only the consumers’ expectation of privacy in different contexts but also the practical managerial implications of the four GDPR tests for marketers. Originality/value This study originally contextualizes the most recent privacy scholarship on online manipulation within the EU legal framework, proposing an easy and accessible four-step test and twofold solution for marketers. Such a test might be beneficial both for marketers and for consumers’ expectations of privacy.

scholarly journals Compensation Models for Community Health Workers: Comparison of Legal Frameworks across Five Countries

2020 ◽  
Author(s):  
Madeleine Ballard ◽  
Carey Westgate ◽  
Rebecca Alban ◽  
Nandini Choudhury ◽  
Rehan Adamjee ◽  
...  
Keyword(s):  
South Africa ◽  
Public Sector ◽  
Community Health ◽  
Community Health Workers ◽  
Health Workers ◽  
Legal Framework ◽  
Law Firms ◽  
Advantages And Disadvantages ◽  
Compensation Mechanisms ◽  
Legal Frameworks

Abstract Background Despite the life-saving work they perform, community health workers (CHWs) have long been subject to global debate about their remuneration. There is now, however, an emerging consensus that CHWs should be paid. As the discussion evolves from whether to financially remunerate CHWs to how to do so, there is an urgent need to better understand the types of CHW payment models and their implications. Methods This study examines the legal framework on CHW compensation in five countries: Brazil, Ghana, Nigeria, Rwanda, and South Africa. In order to map the characteristics of each approach, a standardized questionnaire was developed and targeted at local law firms. The questionnaire covered legal structures and requirements for compensation of CHWs, CHW compensation mechanisms, CHW legal protections and benefits, and alignment of national CHW policies with global guidelines. Results The five countries profiled represent possible archetypes for CHW compensation: Brazil (public), Ghana (volunteer-based), Nigeria (private), Rwanda (cooperatives with performance based incentives) and South Africa (hybrid public/private). Advantages and disadvantages of each model with respect to (i) CHWs, in terms of financial protection, and (ii) the public sector, in terms of ease of implementation, are outlined. Conclusions While a strong legal framework does not necessarily translate into high-quality implementation, it is the first necessary step. While certain approaches to CHW compensation - particularly public-sector or hybrid models with public sector wage floors - best institutionalize recommended CHW protections, political will and long-term financing often remain obstacles. Removing ecosystem barriers - such as multilateral and bilateral restrictions on the payment of salaries - can help governments institutionalize CHW payment.

scholarly journals Bērna tiesības zināt savu izcelsmi: tiesību apjoms un aktuālie problēmjautājumi

2015 ◽  
Vol 1 (1) ◽  
pp. 64-69
Author(s):  
Olga Šķerberga
Keyword(s):  
United Nations ◽  
Legal Framework ◽  
Public Law ◽  
Right To Know ◽  
Council Of Europe ◽  
National Legislation ◽  
International Commitments ◽  
The United Nations ◽  
The Republic ◽  
Legal Frameworks

Informācija par izcelsmi ir būtiska personas identitātes sastāvdaļa, tā ir viena no bērna pamattiesībām un ietilpst tiesības uz privātās dzīves aizsardzību tvērumā. Bērna tiesības zināt savu izcelsmi, tāpat kā tiesības uzaugt ģimenē vai tiesības tikt uzklausītam, ir viena no pamattiesībām, ko aizsargā starptautiskie akti. Tomēr šīs tiesības īstenošana nacionālajā līmenī pilnībā liegta bērniem, kuri ir adoptēti, dzimuši izmantojot donora dzimumšūnas, un glābējsilītē ievietotiem bērniem. The objective of the article is to analyse problems of legal frameworks of a child’s rights to know its origin in case of adoption, baby boxes and medically assisted fecundation, as well as to put forth amendments in the legislation if discrepancy is ascertained between international commitments of a state and regulation in the national legislation of a child’s rights to know its origin. Implementation of a child’s right to know its origin is analysed, examining the attitude of subjects of international public law – the United Nations and the Council of Europe in supervision of children’s legal interests; performing research of regulatory enactments, recommendations and directions, judgements of courts and comparing legal framework of a child’s rights to know its origin in the Republic of Latvia.

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