scholarly journals The Enrica Lexie Incident and the Status of Anti-Piracy Security Personnel on Board

2021 ◽  
Author(s):  
Marco Odello
Keyword(s):  
International Cooperation ◽  
Military Personnel ◽  
Legal Status ◽  
Private Security ◽  
Legal Issues ◽  
Law Of The Sea ◽  
Security Personnel ◽  
The Status ◽  
Definition Of

Abstract This article focuses on a specific issue that emerged in the Arbitral Award on the Enrica Lexie case delivered in May 2020. The dispute involved Italy and India in relation to the killings of Indian fishermen by Italian marines in the waters outside India. The incident raised several legal issues concerning the application of the law of the sea, the legal determination of anti-piracy actions by States and jurisdictional immunities. The purpose of this article is to focus on one specific issue that emerges from this case: the uncertain legal status of security personnel deployed on private vessels in relation to anti-piracy protection. The first part of the article shall consider the status of military personnel deployed on merchant ships for anti-piracy protection. The problem is central to the matter because, depending on the definition of their status, limitations on the exercise of jurisdiction by other States may emerge. The second part of this article discusses more broadly the status of military and private security personnel in actions that could be defined as ‘international policing or security’ activities, which should be better clarified through better international cooperation, exchange of information and clear rules. A more defined legal setting for anti-piracy activities would prevent possible future disputes in similar cases. Furthermore, it would be useful to have clearer rules that could be applied also to face other types of crimes that occur on the sea.

scholarly journals Does the Uniform Determination of Death Act Need to Be Revised?

2020 ◽  
Vol 87 (3) ◽  
pp. 317-333 ◽  
Author(s):  
Doyen Nguyen
Keyword(s):  
Brain Death ◽  
Legal Status ◽  
Determination Of Death ◽  
Moral Principles ◽  
Root Cause ◽  
Brain Functions ◽  
Christian Anthropology ◽  
The Status ◽  
Definition Of

Prompted by concerns raised by the rise in litigations, which challenge the legal status of brain death (BD), Lewis and colleagues recently proposed a revision of the Uniform Determination of Death Act (UDDA). The revision consists of (i) narrowing down the definition of BD to the loss of specific brain functions, namely those functions that can be assessed on bedside neurological examination; (ii) requiring that the determination of BD must be in accordance with the specific guidelines designated in the revision; and (iii) eliminating the necessity for obtaining consent prior to performing the tests for BD determination. By analyzing Lewis and colleagues’ revision, this article shows that this revision is fraught with difficulties. Therefore, this article also proposes two approaches for an ethical revision of the UDDA; the first is in accordance with scientific realism and Christian anthropology, while the second is grounded in trust and respect for persons. If the UDDA is to be revised, then it should be based on sound ethical principles in order to resolve the ongoing BD controversies and rebuild public trust. Summary: This article critically examines the recent revision of the Uniform Determination of Death Act (UDDA) advanced by Lewis and colleagues. The revision only further reinforces the status quo of brain death without taking into account the root cause of the litigations and controversies about the declaration of death by neurological criteria. In view of this deficiency, this article offers two approaches to revising the UDDA, both of which are founded on sound moral principles.

The Validity of Rector�s Circular Letter on the Covid-19 Pandemic

2020 ◽  
Vol 7 (1) ◽  
pp. 126 ◽  
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
Legal Theory ◽  
Legal Issues ◽  
State Universities ◽  
Ministry Of Education ◽  
Conceptual Approach ◽  
State Of Emergency ◽  
Circular Letter ◽  
The Status ◽  
The Government

This study aims to analyze the relevance of the �health emergency� status to the existing legal theory and condition as well as to identify the validity of the Circular Letter of the Rector of State Universities. To this end, this study applied the statute and conceptual approach. The study was conducted by inventorying primary and secondary legal materials to obtain a proper and critical review of the legal issues under study. The results showed that the determination of the �health emergency� status by the government was inappropriate due to the uncertainty of the regulations issued by the government to determine the current condition. Thus, the status of the COVID-19 pandemic is a �legal emergency� status. Further, the Rector�s policy through the Circular Letter is valid judicially, sociologically, and philosophically. The determination of the �legal emergency� status can be done by issuing a Perppu without a �state of emergency� from the President. Finally, it is suggested to firstly get an approval from the Ministry of Education and Culture regarding the issuance of the Rector�s Circular Letter. Besides, further study is needed as this study was conducted during the COVID-19 pandemic.�Keabsahan Surat Edaran Rektor Perguruan Tinggi dalam Pandemi Covid-19Tujuan dari penelitian ini adalah untuk menganalisa relevansi status �darurat kesehatan� dengan teori hukum dan kondisi yang ada dan keabsahan atas Surat Edaran Rektor Perguruan Tinggi Negeri. Metode yang digunakan dalam penelitian ini adalah statute approach dan conseptual approach. Penelitian dilakukan dengan menginventarisasi bahan hukum primer dan sekunder, guna mendapatkan kajian yang seyogianya dan telaah kritis terkait isu hukum. Hasil penelitian menyatakan penetapan status darurat kesehatan oleh pemerintah kurang tepat, dikarenakan tidak menentu-nya peraturan yang dikeluarkan oleh pemerintah untuk menetapkan kondisi saat ini. Sehingga, status pandemi COVID-19 merupakan status darurat hukum. Kebijakan rektor melalui Surat Edaran adalah absah secara aspek yuridis, sosiologis, dan filosofis. Penetapan darurat hukum cukup dilakukan dengan menerbitkan Perppu tanpa pernyataan darurat dari Presiden. Saran peneliti adalah di perlukan persetujuan pada Kementerian Pendidikan dan Kebudayaan terkait terbitnya Surat Edaran Rektor, dan dibutuhkan penelitian lebih lanjut dikarenakan penelitian ini dilakukan pada masa COVID-19 yang bersifat temporal.�

Law and Sovereignty

1937 ◽  
Vol 31 (4) ◽  
pp. 617-637
Author(s):  
J. Roland Pennock
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Political Obligation ◽  
The Real ◽  
Real Issue ◽  
The Status ◽  
Definition Of

Political theorists have spilt much ink in controversies over “sovereignty,” while probably even more effort has been devoted to discussion of the nature of law. It cannot be said that the result of all this activity has been to produce a body of generally accepted doctrine, or even that it has greatly clarified the field of discussion. On the contrary, misunderstandings and the abuse of terms have contributed greatly to a general fog.The real issue raised by the pluralists is much more than a question of logic. They challenge the premises of their opponents. They deal largely with the question of the limits of political obligation. With that we are not here concerned. The primary purpose of this article is to search for a meaning of “law” that will at once contribute to the clarification of the question as to the nature of law and aid in the determination of the most helpful legal signification of the term “sovereignty.” The accomplishment of this purpose should aid in settling the incidental questions of the nature of “constitutional law,” the possibility of “nullifying” law, and the status of “international law.”The two subjects—law and sovereignty—are frequently treated independently, but they are so inter-related as to render such treatment inadequate. A brief examination of the controversy over “sovereignty” will demonstrate how it ultimately resolves itself into a question of the definition of law.

scholarly journals RATIO OF THE LEGAL AND PROCEDURAL STATUS OF THE HEAD OF INVESTIGATIVE BODY

2018 ◽  
Vol 22 (2) ◽  
pp. 158-165
Author(s):  
T. Yu. Popova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Proceedings ◽  
The Status ◽  
The Russian Federation ◽  
Legal Sense

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.

scholarly journals Validity of geophysical parameters in the mudflow cadastre of the south of Russia 

Vestnik MGSU ◽  
2019 ◽  
pp. 610-620 ◽  
Author(s):  
Koshkinbai N. Anakhayev
Keyword(s):  
Research Work ◽  
Geophysical Data ◽  
Primary Sources ◽  
The South ◽  
Physical Conditions ◽  
Site Investigations ◽  
The Status ◽  
European Part Of Russia ◽  
Definition Of

Introduction. When evaluating mudflow danger level and developing hydroengineering anti-mudflow measures, a great meaning is obtained by mudflow basin cadastres that are widely used as reference sources by water-economic project establishments, scientists, specialists of federal and local authorities. The cadastres influence the made decisions on development of the anti-mudflow measures and protective hydroengineering facilities, since the cadastres include basic dedicated data on mudflow basin locations, geophysical (geomorphometric, hydrological) characteristic and expected mudflow parameters. Materials and methods. The article uses known and proven methods of analysis of mudflow basin cadastres. The analytical methods are based on a comparative assessment of the presented results with basic geophysical data of primary sources (cadastres published earlier) and on-site investigations as well as compliance of the suggested empirical formulae on determination of mudflow carrying out volumes and indicators of territorial mudflow striking with mathematical and physical conditions of development of the real mudflow phenomena. Results. Critical analysis of the contents of the Cadastre of Mudflow Danger of the South of the European Part of Russia published in 2015 allows revealing multiple distortions and substitutions of basic geophysical data of mudflow basins. There is an inaccuracy (up to 3,000 to 4,000 % and even higher) of the empirical formulae used in the cadastre for determination of volumes of modflow carrying out. The analysis reveals a hydrogeographical error connected with unfounded substitution of the concept “river length” with the value of the “total length of the main course and all its inflows” that multiply overrates the calculated riverbed length and multiply underrates value of a riverbed bias. Also the study emphasizes unacceptability of definition of the mudflow danger territory by the principle “the water-collecting area of the mudflow course is totally mudflow-threatened" owing to which the absolutely safe natural landscapes are unreasonably declared mudflow-threatened territories. Conclusions. The stated analysis shows a discrepancy of the considered cadastre to the status of scientific and research work. In this connection, the cadastre cannot be recommended for use both in scientific researches and in practical ones. Recommendations on improvement of the mudflow basin cadastres are provided.

On the Concept of Financial Stability of the Pension Fund of Russia

2004 ◽  
pp. 106-122
Author(s):  
N. Borisenko
Keyword(s):  
Financial Management ◽  
Financial Stability ◽  
Pension Fund ◽  
Legal Status ◽  
Financial System ◽  
State Institution ◽  
Financial Resources ◽  
The Status ◽  
Definition Of

The article is devoted to investigation of the contents of financial stability of the Pension Fund of Russia (PFR). From the position of the theory of systems the concept and attributes of financial stability of the economic subject are revealed. Two components of financial stability of PFR as a specific economic subject are considered: financial stability of the pension fund and financial management of the managing structure. The article contains the analysis of incomes and expenditures of the pension fund as a part of the Russian financial system, attributes of its financial stability are revealed and its definition is given. The analysis of the legal status of PFR is carried out and the expediency of ascribing to it the status of state institution is grounded. Classifications of financial resources and obligations of PFR are suggested and the definition of its financial stability is formulated.

The Regime of Islands Reframed:

2021 ◽  
Vol 3 (1-2) ◽  
pp. 1-126
Author(s):  
Clive Schofield
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Legal Status ◽  
Potential Role ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
China Sea ◽  
Definition Of

Abstract The definition of islands represents a longstanding source of uncertainty under the international law of the sea, resulting in numerous disputes among coastal States. This is primarily due to the significant impacts the legal status of islands has on both their maritime entitlements and potential role in the delimitation of maritime boundaries. This study highlights the geographical diversity of islands and outlines the historical development of as well as progress towards the clarification of the legal definition of islands. The Award of the Arbitral Tribunal in the South China Sea case is examined in detail as it provides the first detailed international judicial examination and interpretation of the Regime of Islands. The definition of other types of insular features including low-tide elevations and artificial islands as well as submerged features are also addressed. Reactions to the interpretation of Article 121 by the Tribunal in the South China Sea case are explored before conclusions and considerations on the potential implications of these developments are offered.

scholarly journals CORRUPTION COMBATING: A COMPARATIVE LAW ASPECT

2019 ◽  
Vol 1 ◽  
pp. 74-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
International Cooperation ◽  
Russian Federation ◽  
Comparative Method ◽  
Criminal Liability ◽  
Comparative Law ◽  
Legal Issues ◽  
International Obligations ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The article is dedicated to the review of legal issues of corruption combating using a comparative method. The author notes the importance of such research for discharge of international obligations in the said sphere arising out of agreements entered into by the Russian Federation; the development of international cooperation in corruption combating; study of the most efficient anti-corruption solutions in place in other countries as to their possible use in the national laws. The publication reviews the issues of definition of such concepts as corruption, fight against corruption, corruption combating, criminal liability of legal entities for corruption-related offenses in various countries. Attention is focused on a comparison of the Russian and Chinese anti-corruption laws. The criminal, administrative, civil, disciplinary, economic and party types of the liability for corruption are singled out.

scholarly journals THE STATUS OF INTERNATIONAL TREATIES IN THE LEGAL SYSTEM OF THE RUSSIAN FEDERATION: FROM THEORY TO PRACTICE

2018 ◽  
Vol 1 (4) ◽  
pp. 28-37
Author(s):  
Olga Kiseleva
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Legal Analysis ◽  
International Treaties ◽  
Conceptual Approach ◽  
International Treaty ◽  
Anal Ysis ◽  
The Status ◽  
Basic Characteristics ◽  
Definition Of

The subject. The article is devoted to research the legal nature of international treaties.The purpose of the article is to formulate the feasibility of determining the legal status of international treaties in the composition of the sources of law in terms of its unity.The methodology. The author uses the systematic approach to research, methods of anal-ysis and synthesis, including formal legal analysis of international treaties, Russian legislation and courts’ decisions.The main results and scope of their application. The analysis of the categories of legal act, the regulatory agreement, the international treaty, describing its characteristics, legal characteristics is performed. On the basis of the main legal characteristics of the category of normative legal acts, the expediency of inclusion of an international treaty to this category is proven. It is groundless to detach international treaties on normative legal acts, thereby reducing the extent of the need for their application. This, however, does not change the fact that the source of law in each legal system may have special characteristics depending on such system and complementing the basic characteristics. The international treaty is a legal act of international law. Such a conceptual approach to this issue allows making further conclusions.Conclusions. The author highlights the circumstances of the need for reasonable use of international treaties to resolve disputes, that are significant for the process of enforcement. This position is based on the proposed definition of an international treaty including it to the normative legal acts.

scholarly journals Legal status of direct sales of agricultural and food products in the legislation of selected EU Member States

2020 ◽  
pp. 65-77
Author(s):  
Anna Kapała
Keyword(s):  
Legal Status ◽  
Food Products ◽  
Agricultural Activity ◽  
Business Law ◽  
Member States ◽  
Direct Sales ◽  
Eu Member States ◽  
Italian Law ◽  
The Status ◽  
Definition Of

The purpose of the discussion presented in the article was to determine the legal status of direct sale of agricultural and food products and its place in the agricultural activity in the legislation of selected EU Member States: Poland, Italy, and France. The considerations show that each legislator has chosen a different way of determining the legal status of this activity, though with a view to a similar ratio legis, which is to support it by enabling and facilitating farmers involvement. In Polish law, “agricultural retail sale” is outside the narrow definition of agricultural activity. It is not, however, subject to the provisions of business law provided it meets the conditions specified in law. Italian law defines the status of direct sales explicitly as agricultural, situating them among connected agricultural activities carried out by the agricultural entrepreneur. The detailed criteria for its connection with the agricultural activity by nature constitute a separate special regulation. In French law, thanks to the broad definition of agricultural activity, the place of direct sale as an agricultural activity par relation which is an extension of the act of production, is defined by case-law.

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